HomeMy WebLinkAbout3172ORDINANCE NO. 3172
AN ORDINANCE of the City of Port Angeles, Washington, relating to the
use of motorized foot scooters and similar devices, and creating a new
chapter, Chapter 10.24, of the Port Angeles Municipal Code.
THE CITY COUNCIL OF THE CITY OF PORT ANGELES does hereby ordain as
follows:
Whereas, Section 46.61.710 of the Revised Code of Washington (RCW) allows use of
motorized foot scooters on public roadways but allows for local regulation; and
Whereas, citizens of Port Angeles have expressed confusion over where and in what
manner motorized foot scooters may lawfully be operated; and
Whereas, the City Council of the City of Port Angeles finds that unregulated operation
of motorized foot scooters and other wheeled recreational vehicles upon the City's streets,
sidewalks, and trails increases risk of accidental injury to motor scooter operators, other vehicle
or pedestrian traffic, and/or damage to property; and
Whereas, the City Council of the City of Port Angeles desires to regulate the use of
motorized foot scooters to enhance the health, safety, and welfare of its citizens; and
Whereas, the City Council of the City of Port Angeles finds that providing rules as to the
proper operation of motorized foot scooters would increase the health, safety, and welfare of its
citizens; and
Whereas, current state law does not establish minimum age or training requirements for
operation of a motorized foot scooter, which creates significant risk of injury and/or property
damage caused by untrained operators and/or youthful operators who lack sufficient judgment
to safely operate a motorized vehicle upon public streets; and
Whereas, the City Council of the City of Port Angeles finds that providing minimum
requirements for motorized foot scooter equipment would increase the health, safety, and welfare
of its citizens;
NOW, THEREFORE, THE CITY COUNCIL OF PORT ANGELES, WASHINGTON,
DOES ORDAIN AS FOLLOWS:
Section 1. There is hereby added to the Port Angeles Municipal Code a new Chapter,
being Chapter 10.24 Motorized Foot Scooters, as follows:
CHAPTER 10.24
MOTORIZED FOOT SCOOTERS AND SIMILAR DEVICES
Sections:
10.24.010 Definitions.
10.24.020 Areas of Operation.
10.24.030 Rules of Operation.
10.24.040 Violation - Penalty.
10.24.050 Severability.
10.24.060 Corrections.
10.24.010 Definitions.
A. "Motorized Foot Scooter" means a device with no more than two ten -inch or
smaller diameter wheels that has handlebars, is designed to be stood or sat upon by the operator,
and is powered by a gas - powered internal combustion engine or electric motor that is capable
of propelling the device with or without human propulsion.
B. "Wheeled Recreational Device" means any wheeled recreational object designed
to propel the person using that object with an internal combustion or electric motor, whether it
be stood or sat upon or ridden in, and that is not required to obtain and display a Washington
State vehicle license (RCW 46.16). For the purposes of this chapter, "wheeled recreational
device" does not include motorcycles (RCW 46.04.330), motor driven cycles (46.04.332),
mopeds (RCW 46.04.304), electric assisted bicycles (RCW 46.04.160), Electric Personal
Mobility Devices (RCW 46.04.1695), or power wheelchairs (RCW 46.04.415). The term does
include motorized foot scooters.
C. "City Street" means every public highway, as defined in Chapter 46.04, or part
thereof, located within the city limits of the City of Port Angeles.
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D. "City Property" includes all City right -of -way, as defined in the City of Port
Angeles Zoning Code.
E. "Rules of the Road" means all rules applicable to vehicle or pedestrian traffic as
set forth in state statute, rule, or regulation.
F. "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 chinstrap type retention
system, with a label required by the Federal Consumers Products Safety Commission as adopted
by the Code of Federal Regulations 16CFR1203.
G. The regulations of this chapter shall not apply to any vehicle used by a disabled
person as defined by RCW 46.16.381.
10.24.020 Areas of Operation.
It is unlawful for any person to operate a motorized foot scooter or other wheeled
recreation device:
A. On any City street unless such person is sixteen years of age or older;
B. On any City street with a maximum speed limit above 25 miles per hour;
C. On any City property that is not a City street;
D. Upon any bicycle, recreational, hiking, or equestrian path or trail;
E. Upon any sidewalk, except as may be necessary to enter or leave adjacent
property;
F. In any park;
G. On any posted private or public property;
H. While on the public streets, right of ways, or alleys of the City of Port Angeles
without wearing a properly fitted helmet.
10.24.030 Rules of Operation.
A. It is unlawful for any person to operate a motorized foot scooter or other wheeled
recreation device:
1. With a passenger in addition to the operator;
2. Between the time of sunset to sunrise.
B. Any person operating a motorized foot scooter or other wheeled recreation device
shall obey all rules of the road, as well as the instructions of official traffic control signals, signs,
and other control devices applicable to vehicles, unless otherwise directed by a police officer.
C. Every motorized foot scooter or other wheeled recreation device shall be equipped
with a brake that will enable the operator to make the braked wheels skid on dry, level, clean
pavement.
D. No motorized foot scooter or other wheeled recreational device shall be ridden
or operated in a negligent or unsafe manner but shall be operated with reasonable regard for the
safety of the operator and other persons. For the purposes of this section:
1. To operate in a negligent manner means the operation of a motorized foot
scooter or other wheeled recreational device in such a manner as to endanger or be likely to
endanger any person or property.
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2. Operation of a motorized foot scooter in excess of 15 miles per hour shall
be prima facie evidence of operation in a negligent manner.
E. No motorized foot scooter or other wheeled recreational device upon any City
street shall be ridden or operated in a manner that creates continuous sound associated with a
gasoline - powered engine so as to unreasonably disturb or interfere with the peace and comfort
of owners or occupants of real property. Nothing in this section shall limit enforcement of the
City's Public Disturbance Ordinance, Chapter 9.24, and Noise Control Ordinance, Chapter 9.26,
of the Port Angeles Municipal Code.
F. It is unlawful to operate a motorized foot scooter that is powered by an internal
combustion engine that is not equipped with a muffler in good working order and in constant
operation to prevent excessive or unusual noise.
10.24.040 Parental Responsibility.
It shall be unlawful for the parent of any child under 16 years of age and the guardian of
any ward under 16 years of age to authorize or knowingly permit any such child or ward to
violate any provision of this Chapter.
10.24.050 Persons Liable.
The operator shall be liable for any violation of this chapter. If the operator is less than
16 years of age, the parent or guardian of the operator who authorizes or knowingly permits an
act which is a violation shall be liable for a violation of this chapter.
10.24.060 Violation.
A. Except as provided in paragraph B, a violation of any provision of this chapter
is a civil infraction. The following monetary penalties shall apply: (1) first offense: $75.00; (2)
second offense: $150; (3) third and future offenses: $250.00.
B. Violations that constitute criminal traffic offenses under Titles 9 or 10 of this
code, may be charged as such and are subject to the maximum penalties allowed for such
offenses.
10.24.070 Severability.
If any section, subsection, sentence, clause, phrase or word of this ordinance should be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality thereof shall not affect the validity or constitutionality of any other section,
subsection, sentence, clause, phrase or word of this ordinance.
10.24.080 Corrections.
The City Clerk and the codifiers of this ordinance are authorized to make necessary
corrections to this ordinance including, but not limited to, the correction of the
scrivener's /clerical errors, references, ordinance numbering, section/subsection numbers and any
references thereto.
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Section 2 - Effective Date. This Ordinance shall take effect five days after its publication
by summary.
PASSED by the City Council of the City of Port Angeles at a regular meeting of said
Council held on the 1st day of November, 2004.
ATTEST:
APPROVED AS TO FO
William E. Bloor, City Attorney
PUBLISHED: November 7, 2004
By Summary
G:\Legal_ Backup\ ORDINANCES& RESOLUTIONS \2004- 19.MotorizedFootScooters
October 26, 2004
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Summary of Ordinance Adopted by the
Port Angeles City Council
on November 1, 2004
Ordinance No. 3172
This Ordinance of the City of Port Angeles, Washington, relates to the use of motorized foot
scooters and similar devices, and creates a new chapter, Chapter 10.24, of the Port Angeles
Municipal Code.
The full text of the Ordinance is available at City Hall in the City Clerk's office or will be mailed
upon request. Office hours are Monday through Friday from 8:00 a.m. to 5:00 p.m. This
Ordinance shall take effect five days following the date of publication by summary.
Becky J. Upton, CMC
City Clerk
Publish: November 7, 2004