10.64.005    Purpose.

10.64.010    Definitions.

10.64.020    Use.

10.64.030    Restrictions on use.

10.64.040    Equipment requirements.

10.64.050    Registration requirements.

10.64.060    Duty to obey traffic-control devices and rules of the road.

10.64.070    Prohibited uses.

10.64.080    Prohibited areas.

10.64.090    Violation – Penalty.

10.64.005 Purpose.

This chapter regulates the operation of wheeled all-terrain vehicles within the City, as authorized by RCW 46.09.455. (Ord 18-511 §1 (Ex A, Ex B))

10.64.010 Definitions.

Unless otherwise specifically provided for in this chapter, the definitions set forth in Chapter 46.09 RCW, as existing or hereafter amended, govern this chapter. In addition, when used in this chapter, the following words, terms, and phrases shall have the following meanings:

"City street" means every way, lane, road, street, boulevard, and every way or place in the City open as a matter of right to public vehicular traffic in the City, including State Route 28 and State Route 281.

"Motorcycle helmet" has the same meaning as provided in RCW 46.37.530.

"Rules of the road" refers to all the rules that apply to vehicle or pedestrian traffic as set forth in State and/or local statute, rule or regulation.

"Sidewalk" means the property between the curb lines or the lateral lines of a City street and the adjacent property, set aside and intended for the use of pedestrians, or such portion of private property parallel and in proximity to a City street and dedicated to use by pedestrians.

"Type 1 WATV" refers to any motorized non-highway vehicle with handlebars that is fifty inches or less in width, has a seat height of at least twenty inches, weighs less than one thousand five hundred pounds, and has four tires having a diameter of thirty inches or less.

"Type 2 WATV" refers to a utility-type vehicle designed for and capable of travel over designated roads that travels on four or more low-pressure tires of twenty psi or less, has a maximum width less than seventy-four inches, has a maximum weight less than two thousand pounds, has a wheelbase of one hundred ten inches or less, and satisfies at least one of the following: (1) has a minimum width of fifty inches; (2) has a minimum weight of nine hundred pounds; or (3) has a wheelbase of over sixty-one inches.

"Wheeled all-terrain vehicle" or "WATV" refers to a Type 1 WATV or a Type 2 WATV. A WATV is an off-road vehicle for the purposes of Chapter 4.24 RCW. (Ord 18-511 §1 (Ex A, Ex B); Ord 14-442 §1)

10.64.020 Use.

Subject to the restrictions and requirements set forth in this chapter, a person with a valid driver’s license issued by the state of the person’s residence may operate a WATV upon a City street having a speed limit of thirty-five miles per hour or less. (Ord 18-511 §1 (Ex A, Ex B); Ord 14-442 §1)

10.64.030 Restrictions on use.

A. A person who operates a WATV must wear a securely fastened motorcycle helmet while the WATV is in motion, unless the WATV is equipped with seat belts and roll bars or an enclosed passenger compartment;

B. A person may not operate a Type 1 WATV upon State Route 28 or State Route 281; but may cross State Route 28 or State Route 281 at the following intersections:

1. State Route 28:

a. 13th Ave. SW;

b. 2nd Ave. SW;

c. 1st Ave. SW;

d. 1st Ave. SE;

e. 2nd Ave. SE;

f. 3rd Ave. SE;

g. 4th Ave. SE;

h. 5th Ave. SE;

i. 6th Ave. SE.

2. State Route 281:

a. H St. SW-SE;

b. K St. SW-SE;

c. L St. SW-SE;

C. A person may operate a WATV upon any City street while being used under the authority or direction of an appropriate agency that engages in emergency management, as defined in RCW 46.09.310, or search and rescue, as defined in RCW 38.52.010, or a law enforcement agency, as defined in RCW 16.52.011, within the scope of the agency’s official duties; and

D. WATVs are subject to the regulations and requirements set forth in Chapter 46.55 RCW. (Ord 18-511 §1 (Ex A, Ex B); Ord 14-442 §1)

10.64.040 Equipment requirements.

WATVs operating on a City street must comply with the equipment requirements of RCW 46.04.457. (Ord 18-511 §1 (Ex A, Ex B); Ord 14-442 §1)

10.64.050 Registration requirements.

A WATV operated on a City street must comply with the registration requirements of Chapter 46.09 RCW. (Ord 18-511 §1 (Ex A, Ex B); Ord 14-442 §1)

10.64.060 Duty to obey traffic-control devices and rules of the road.

Unless a police officer directs otherwise, a person operating a WATV must obey all rules of the road that apply to vehicle or pedestrian traffic and must obey the instructions of official traffic-control signals, signs and other control devices applicable to vehicles. A person operating a WATV upon a City street is subject to all of the duties that Chapter 46.61 RCW et seq. imposes on an operator of a vehicle, except as to those provisions which, by their nature, do not apply to WATVs. (Ord 18-511 §1 (Ex A, Ex B); Ord 14-442 §1)

10.64.070 Prohibited uses.

A. No person may operate or ride a WATV in a negligent or unsafe manner, but must operate it with reasonable regard for their own safety and for the safety of others.

B. No person shall carry or transport any other person or passenger on a WATV, nor shall any other person ride on a WATV, unless it is designed to carry more than one person, in which event a passenger may ride upon the permanent and regular seat if designed for two persons, or upon another seat firmly attached to the WATV.

C. No person may operate a WATV side-by-side in a single lane of traffic.

D. No person may pull or tow any sled, toboggan, trailer or other similar device, except by means of a rigid tow bar meeting the manufacturer’s specifications and/or guidelines. (Ord 18-511 §1 (Ex A, Ex B); Ord 14-442 §1)

10.64.080 Prohibited areas.

A. No person may operate a WATV on a sidewalk except to plow snow.

B. No person may operate a WATV in a park, except on a park drive or in a designated parking lot. (Ord 18-511 §1 (Ex A, Ex B); Ord 14-442 §1)

10.64.090 Violation – Penalty.

A person who violates a provision of this chapter is guilty of a traffic infraction and will be punished by the imposition of a monetary penalty not to exceed two hundred fifty dollars, exclusive of statutory assessments; provided, that conduct constituting a criminal traffic offense may be charged as such and is subject to the maximum penalties allowed for such offenses. (Ord 18-511 §1 (Ex A, Ex B); Ord 14-442 §1)