Chapter 9.20
MOTORIZED PERSONAL TRANSPORTATION DEVICES

Sections:

9.20.010  Definitions.

9.20.020  Duty to obey rules of the road.

9.20.030  Requirements for operating motorized personal transportation devices.

9.20.040  Prohibited areas.

9.20.050  Applicability of other traffic laws.

9.20.060  Dealer notice required.

9.20.070  Violation – Penalty.

9.20.010 Definitions.

The following definitions are applicable in this chapter unless the context otherwise requires:

A. “Motorized foot scooter” means a device with no more than two 10-inch or smaller diameter wheels, has handlebars, is designed to be stood upon (but may have a seat), and is powered by an internal combustion engine or electric motor that is capable of propelling the device with or without human propulsion.

B. “Motorized skateboard” means every device with a platform on which the rider or operator balances, the platform having two or more sets of wheels beneath it, propelled by an attached or auxiliary electric or gasoline motor.

C. “Motorized personal transportation device” shall be deemed to include motorized foot scooters, motorized skateboards, pocket motorcycles and all other similar devices, but shall exclude motorized wheelchairs, motor driven cycles, mopeds, electric-assisted bicycles, motorcycles, and electronic personal assistive mobility devices.

D. “Approved motorcycle helmet” means a protective covering for the head consisting of a hard outer shell, padding adjacent to and inside the outer shell, and a neck or chin strap type retention system, with a label required by the Federal Consumer Product Safety Commission as adopted by the Code of Federal Regulations, 16 CFR Section 1203.

E. “Approved bicycle helmet” means a head covering designed for safety that meets or exceeds the required safety standards adopted by the U.S. Consumer Product Safety Commission (CPSC) 15 USCS 6004, or Z-00.4 set by the American National Standards Institute (ANSI), the Snell Foundation, the American Society for Testing and Materials (ASTM), or such subsequent nationally recognized standard for helmet performance as may be adopted by the City of Spokane Valley. The helmet shall be equipped with a neck or chin strap that shall be securely fastened while the motorized personal transportation device is in motion.

F. “Street,” for the purposes of this chapter only, means the entire width between the curb boundary lines, including the shoulder, of every way publicly maintained in the City of Spokane Valley when any part thereof is open to the use of the public for purposes of vehicular travel or parking.

G. “Modified or enhanced” means that any of the settings or equipment of the motorized personal transportation device, including but not limited to those settings or equipment that affects displacement, horsepower, or muffler effect have been altered to achieve greater power, higher speed, and/or better performance than possible when the unit was delivered from the factory for sale. (Ord. 07-005 § 1, 2007; Ord. 04-048 § 2, 2004. Formerly 7.35.010).

9.20.020 Duty to obey rules of the road.

Any person operating a motorized personal transportation device on a street shall obey all rules of the road applicable to motor vehicles, as well as the commands of official traffic control signals, signs, and other control devices applicable to motor vehicles, unless otherwise directed by a law enforcement official or their designee. Every person operating a motorized personal transportation device on a street is granted all of the rights and is subject to all of the duties and responsibilities applicable to the driver of a motor vehicle pursuant to Chapter 308-330 WAC, except WAC 308-330-500 through 308-330-540 relating to bicycle licensing, as adopted or hereafter amended, a copy of which will be kept on file in the city clerk’s office, and pursuant to Chapter 9.05 SVMC except as to those provisions thereof which by their very nature can have no application. (Ord. 07-005 § 1, 2007; Ord. 04-048 § 2, 2004. Formerly 7.35.020).

9.20.030 Requirements for operating motorized personal transportation devices.

A. Minimum Age. No person shall operate a motorized personal transportation device on a street, alley, or other public area unless such person is 16 years of age or older.

B. Passengers – Towing. Only one person shall occupy a motorized personal transportation device at one time. An operator of a motorized personal transportation device shall not transport passengers or tow other devices or persons behind a motorized personal transportation device.

C. Helmet Required. Any person operating a motorized personal transportation device propelled by an internal combustion engine upon any street, alley or other public place in the City shall wear an approved motorcycle helmet designed for safety on his or her head and shall have the neck or chin strap of the helmet fastened securely while the motorized personal transportation device is in motion or operation.

D. Lighting Required.

1. All motorized personal transportation devices, when in use on any street, alley, or other public area, shall be equipped with a functioning lamp on the front that shall emit a white light visible from a distance of at least 500 feet to the front.

2. All motorized personal transportation devices, when in use on any street, alley or other public area, shall be equipped with a functioning red reflector on the rear of the motorized personal transportation device, of a type approved by the Washington State Patrol, that is visible from all distances up to 600 feet to the rear when directly in front of lawful lower beams of the head lamps on a motor vehicle. A lamp that emits a red light visible from a distance of 500 feet to the rear may be used in addition to the red reflector. A light-emitting diode (LED) flashing tail light that is visible from a distance of 500 feet to the rear may likewise be used in addition to the red reflector.

3. All motorized personal transportation devices in operation on a street shall be equipped with a stop lamp or lamps on the rear of the motorized personal transportation device which shall display a red or amber light, or any shade of color between red and amber, visible from a distance of not less than 300 feet to the rear in normal sunlight, and which shall be actuated upon application of a service brake.

E. Muffler Required. Motorized personal transportation devices powered by an internal combustion engine shall have a properly functioning engine muffler attached and constantly operational during use of the motorized personal transportation device to prevent a noise nuisance as prohibited by SVMC 7.05.040(O). The use of a cutout, bypass, or similar muffler elimination device is prohibited on all motorized personal transportation devices that are powered by an internal combustion engine.

F. Brake Required. Motorized personal transportation devices shall be equipped with a rear brake which, when applied, enables the operator to make the braked wheel(s) skid on dry, level, clean pavement.

G. Modifications Prohibited. Motorized personal transportation devices operated within the City of Spokane Valley shall not be modified or enhanced in design or construction from the specifications as provided by the manufacturer or as otherwise required by Spokane Valley Municipal Code provisions or the Revised Code of Washington. (Ord. 07-005 § 1, 2007; Ord. 04-048 § 2, 2004. Formerly 7.35.030).

9.20.040 Prohibited areas.

A. Parks. Motorized personal transportation devices are prohibited from all City parks pursuant to SVMC 6.05.070(G). Violations of this restriction are subject to the specific penalties set forth in SVMC 6.05.090 and 6.05.100.

B. Sidewalks. It is unlawful for any person to operate or ride a motorized personal transportation device on any sidewalk within the City of Spokane Valley City limits.

C. Public Trails. It is unlawful for any person to operate or ride a motorized personal transportation device on any public trails, including the Centennial Trail, within the City of Spokane Valley City limits.

D. Certain Streets. It is unlawful for any person to operate or ride a motorized personal transportation device on any street with a speed limit greater than 25 miles per hour. (Ord. 07-005 § 1, 2007; Ord. 04-048 § 2, 2004. Formerly 7.35.040).

9.20.050 Applicability of other traffic laws.

The following criminal traffic laws shall apply to the operation of motorized personal transportation devices within the City of Spokane Valley:

A. Negligent Driving – First Degree – RCW 46.61.5249, as adopted by reference in WAC 308-330-425, as adopted or hereafter amended, and kept on file in the city clerk’s office, and pursuant to Chapter 9.05 SVMC.

B. Negligent Driving – Second Degree – RCW 46.61.525, as adopted by reference in WAC 308-330-425, as adopted or hereafter amended, and kept on file in the city clerk’s office, and pursuant to Chapter 9.05 SVMC.

C. Reckless Driving – RCW 46.61.500, as adopted by reference in WAC 308-330-425, as adopted or hereafter amended, and kept on file in the city clerk’s office, and pursuant to Chapter 9.05 SVMC.

D. Driving Under the Influence – RCW 46.61.502, as adopted by reference in WAC 308-330-425, as adopted or hereafter amended, and kept on file in the city clerk’s office, and pursuant to Chapter 9.05 SVMC.

E. Driver Under 21 Consuming Alcohol – RCW 46.61.503, as adopted by reference in WAC 308-330-425, as adopted or hereafter amended, and kept on file in the city clerk’s office, and pursuant to Chapter 9.05 SVMC. (Ord. 07-005 § 1, 2007; Ord. 04-048 § 2, 2004. Formerly 7.35.050).

9.20.060 Dealer notice required.

All persons and/or establishments in the City of Spokane Valley involved in the retail sale or lease of motorized personal transportation devices shall provide to each purchaser of said motorized personal transportation device written notice of the regulations, restrictions, and requirements of this chapter prior to completing the sale or lease of said motorized personal transportation device. (Ord. 07-005 § 1, 2007; Ord. 04-048 § 2, 2004. Formerly 7.35.060).

9.20.070 Violation – Penalty.

Any person violating any provision of this chapter, except for SVMC 9.20.040(B), shall be deemed to have committed a (Class 2 or Class 3, plus court costs and fees) traffic infraction. However, conduct that constitutes a violation of a rule of the road, or constitutes a criminal traffic offense, may also be charged as such and is subject to the maximum penalties allowed for such an offense or offenses.

A violation of this chapter for a minor under the age of 16 shall result in a referral to the Spokane County juvenile justice system for resolution. (Ord. 07-005 § 1, 2007; Ord. 04-048 § 2, 2004. Formerly 7.35.070).