Chapter 9.17
WHEELED ALL-TERRAIN VEHICLES
Sections:
9.17.120 Use of wheeled all-terrain vehicle on city streets.
9.17.130 Restrictions on use of wheeled all-terrain vehicle on city streets.
9.17.140 Equipment requirements of a wheeled all-terrain vehicle.
9.17.150 Registration requirements of a wheeled all-terrain vehicle.
9.17.160 Duty to obey traffic-control devices and rules of the road.
9.17.200 Issuance of infractions.
9.17.110 Definitions.
When used in this chapter, the city defines the words and phrases listed below as follows:
(a) “City” means the city of Sumas, its elected officials, its employees, and its agents.
(b) “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 inside the city limits.
(c) “Motorcycle helmet” has the same meaning as provided in RCW 46.37.530.
(d) “Sidewalk” means that 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.
(e) “Rules of the road” means all the rules that apply to vehicle or pedestrian traffic as set forth in state statute, rule or regulation.
(f) “Wheeled all-terrain vehicle” means 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: (i) has a minimum width of fifty inches; (ii) has a minimum weight of at least nine hundred pounds; or (iii) has a wheelbase of over sixty-one inches. A wheeled all-terrain vehicle is an off- road vehicle for the purposes of Chapter 4.24 RCW. (Ord. 1791 § 1, 2022)
9.17.120 Use of wheeled all-terrain vehicle on city streets.
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 wheeled all-terrain vehicle upon a city street having a speed limit of thirty-five miles per hour or less. (Ord. 1791 § 1, 2022)
9.17.130 Restrictions on use of wheeled all-terrain vehicle on city streets.
A. A person who operates a wheeled all-terrain vehicle must wear a securely fastened motorcycle helmet while the vehicle is in motion;
B. A person may not operate a wheeled all-terrain vehicle upon a city street with a speed limit in excess of thirty-five miles per hour; however, a person may cross a city street with a speed limit in excess of thirty-five miles per hour at a controlled intersection if the crossing begins and ends on a city street with a speed limit of thirty-five miles per hour or less and occurs at an intersection of approximately ninety degrees;
C. A person may operate a wheeled all-terrain vehicle 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. Wheeled all-terrain vehicles are subject to Chapter 46.55 RCW. (Ord. 1791 § 1, 2022)
9.17.140 Equipment requirements of a wheeled all-terrain vehicle.
A wheeled all-terrain vehicle operated on a city street must comply with the following equipment requirements:
A. Headlights meeting the requirements of RCW 46.37.030 and 46.37.040 and used at all times when the vehicle is in motion;
B. One tail lamp meeting the requirements of RCW 46.37.525 and used at all times when the vehicle is in motion upon a city street; however, a utility-type vehicle, as described under RCW 46.09.310, must have two tail lamps meeting the requirements of RCW 46.37.070(1) and to be used at all times when the vehicle is in motion upon a city street;
C. A stop lamp meeting the requirements of RCW 46.37.200;
D. Reflectors meeting the requirements of RCW 46.37.060;
E. During hours of darkness, as defined in RCW 46.04.200, turn signals meeting the requirements of RCW 46.37.200;
F. Outside of hours of darkness, the operator must comply with RCW 46.37.200 or 46.61.310;
G. A mirror attached to either the right or left handlebar, which must be located to give the operator a complete view of the city street for a distance of at least two hundred feet to the rear of the vehicle; however, a utility-type vehicle, as described under RCW 46.09.310(19), must have two mirrors meeting the requirements of RCW 46.37.400;
H. A windshield meeting the requirements of RCW 46.37.430, unless the operator wears glasses, goggles, or a face shield while operating the vehicle, of a type conforming to rules adopted by the Washington State patrol;
I. A horn or warning device meeting the requirements of RCW 46.37.380;
J. Brakes in working order;
K. A spark arrester and muffling device meeting the requirements of RCW 46.09.470; and
L. For utility-type vehicles, as described under RCW 46.09.310(19), seatbelts meeting the requirements of RCW 46.37.510. (Ord. 1791 § 1, 2022)
9.17.150 Registration requirements of a wheeled all-terrain vehicle.
A wheeled all-terrain vehicle operated on a city street must comply with all the registration requirements of Chapter 49.06 RCW. (Ord. 1791 § 1, 2022)
9.17.160 Duty to obey traffic-control devices and rules of the road.
Unless a police officer directs otherwise, a person operating a wheeled all-terrain vehicle 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 wheeled all-terrain vehicle 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 thereof which by their nature can have no application. (Ord. 1791 § 1, 2022)
9.17.170 Prohibited uses.
A. No person may operate or ride a wheeled all-terrain vehicle in a negligent or unsafe manner, but must operate it with reasonable regard for his or her own safety and for the safety of others.
B. Only one person may occupy a wheeled all-terrain vehicle at a time. No wheeled all-terrain vehicle operator may transport passengers or tow other devices or persons behind a wheeled all-terrain vehicle.
C. No person may operate a wheeled all-terrain vehicle alongside another vehicle in a single lane of traffic. (Ord. 1791 § 1, 2022)
9.17.180 Prohibited areas.
A. It is unlawful to operate a wheeled all-terrain vehicle on a sidewalk.
B. It is unlawful to operate a wheeled all-terrain vehicle in a park, except on a park drive or in a designated parking lot.
C. It is unlawful to operate a wheeled all-terrain vehicle on pedestrian bridges. (Ord. 1791 § 1, 2022)
9.17.190 Violation – Penalty.
Violation of any of the provisions of this chapter shall be considered a traffic infraction and shall be punished as follows:
a. First Offense. The first offense shall be punished by a penalty of not more than two hundred fifty dollars, including all costs and assessments, and not less than fifty dollars, which minimum amount shall not be suspended or deferred, but the court may authorize community service in lieu of all or part of this penalty.
b. Second Offense. The second offense within a five-year period shall be punished by a penalty of not more than two hundred fifty dollars, including all costs and assessments, and not less than one hundred fifty dollars, which minimum amount shall not be suspended or deferred, but the court may authorize community service in lieu of all or part of this penalty.
c. Third or Subsequent Offense. A person committing a third or subsequent offense within a five-year period shall be punished by a penalty of not more than two hundred fifty dollars, including all costs and assessments, and not less than two hundred dollars, which minimum amount shall not be suspended or deferred, but the court may authorize community service in lieu of all or part of this penalty. (Ord. 1791 § 1, 2022)
9.17.200 Issuance of infractions.
Law enforcement officers commissioned by the city of Sumas are authorized to issue a notice of infraction upon certification the officer has probable cause to believe, and does believe, that a person has committed an infraction contrary to the provisions of this chapter. The infraction need not have been committed in the issuing officer’s presence except as otherwise provided by law. (Ord. 1791 § 1, 2022)