Title 10
VEHICLES AND TRAFFIC

Chapters:

10.04 Model Traffic Ordinance

10.08 Speed Limits

10.12 Parking

10.16 Brakes

10.20 Trains

10.24 Motorized Foot Scooters, Bicycles and Electric Personal Assistive Mobility Devices

Chapter 10.04
MODEL TRAFFIC ORDINANCE

Sections:

10.04.010 Adoption by reference.

10.04.020 Sections not adopted.

10.04.010 Adoption by reference.

The “Washington Model Traffic Ordinance,” chapter 308-330 WAC, is adopted by reference as the traffic ordinance of the city as if set forth in full. In addition, Sections 4, 5, 6, 7, 10, 11, 12 and 23 of Chapter 275, Laws of 1994 are adopted by reference. (Ord. 1262 § 1, 1994).

10.04.020 Sections not adopted.

The following sections of the Model Traffic Ordinance are not adopted by reference and are expressly deleted: WAC 308-330-500 through 308-330-540. (Ord. 1262 § 2, 1994).

Chapter 10.08
SPEED LIMITS

Sections:

10.08.010 Decrease of state speed limits on state highways.

10.08.010 Decrease of state speed limits on state highways.

It is determined upon the basis of engineering and traffic investigation that the speed permitted by state law on the following state highway within the corporate city limits is greater than reasonable under the conditions found to exist on said highway and it is declared that reasonable and safe speed limits for all vehicles on SR-20 are as follows:

Thirty-five mph from Milepost 59.37 (Burlington WCL/0.60 miles east of Pulver Road) to Milepost 59.85 (Junction Garl Street and Rio Vista Avenue).

Thirty mph from Milepost 59.85 (Junction Garl Street and Rio Vista Avenue) to Milepost 60.27 (Junction Garl Street and Avon Avenue).

Thirty-five mph from Milepost 60.27 (Junction Garl Street and Avon Avenue) to Milepost 61.32 (Burlington ECL/0.01 miles east of Peacock Lane). (Ord. 1037 § 1, 1984; Ord. 867 § 1, 1976).

Chapter 10.12
PARKING

Sections:

Article I. Administration

10.12.010 Administration and records.

Article II. City Property

10.12.025 Highway 20 and other city property.

Article III. General Restrictions

10.12.100 Definitions.

10.12.110 Traffic safety commission.

10.12.120 Angular parking.

10.12.130 Time limits.

10.12.140 Vehicle removal.

10.12.150 Miscellaneous parking restrictions.

10.12.160 Applicability.

10.12.170 Parking restrictions for commercial and recreational vehicles.

10.12.180 Occupation of recreational vehicle.

10.12.190 Penalties.

10.12.200 Repair on public property prohibited – Exception.

10.12.210 Parking zone regulations not applicable when.

Article IV. Fire Lanes

10.12.300 Definitions.

10.12.310 Designation by fire chief.

10.12.320 Criteria for designation.

10.12.330 Notification of designation.

10.12.340 Owner to mark fire lanes.

10.12.350 Owner to maintain fire lanes.

10.12.360 Violation – Civil infraction.

10.12.370 Impoundment.

10.12.380 Enforcement.

Exhibit I Repealed.

Exhibit II Repealed.

Article I. Administration

10.12.010 Administration and records.

A. The public works department coordinates the administration of this code with the police department.

B. When the public works director completes studies and determines that signage, striping or other traffic controls are needed, they shall be installed by the public works department and enforced by the police department.

C. A record of changes shall be maintained in the public works department and a copy posted at the police department. (Ord. 1556 § 1, 2004).

Article II. City Property

10.12.025 Highway 20 and other city property.

A. It is the policy of the city that no vehicles shall be parked on the highway frontage between Highway 20 and the railroad tracks from Regent Street east to Lafayette within the city and from the city limits east approximately one mile, which property is owned by the city.

B. It is the policy of the city that limits on vehicle parking may be put in place adjacent to any city property.

C. The public works director, in consultation with the police chief, is empowered to take such steps that are deemed reasonable to effectuate the policy set forth in subsections A and B of this section. The actions may include but are not limited to the following:

1. Posting the subject property with signs advising that parking is prohibited on the subject property;

2. Posting the property with signs indicating that vehicles parked on the subject property will be impounded;

3. Contracting with such firm as the public works director or police chief deems appropriate to tow any vehicles parked in violation of the city’s policy and further providing for impound of same. In making such an agreement, the city shall specify the terms for release of vehicles impounded and payment of the fees. (Ord. 1556 § 2, 2004; Ord. 1082 §§ 1, 2, 1986).

Article III. General Restrictions

10.12.100 Definitions.

A. As used in this chapter, the term “recreational vehicle” shall include all travel trailers, tent trailers, boats, boat trailers, utility trailers, snowmobile trailers or any similar vehicle. The term shall also include any “motor home” or “camper” as such terms are defined in RCW 82.50.010, which definitions are hereby adopted by reference.

B. As used in this chapter, the term “commercial vehicle” shall mean all motor vehicles exceeding 20 feet in length, including trailers, and all nonmotorized vehicles or trailers designed to be or actually attached or connected to a motor vehicle which exceeds 20 feet in length measured from the front of the motor vehicle to the end of the nonmotorized vehicle or trailer, and all vehicles exceeding 10,000 pounds gross vehicle weight, which vehicles are used, in whole or in part, for the transportation of commodities, merchandise, produce, freight, vehicles, animals, passengers for hire, or which are used, in whole or in part, in construction or farming.

C. As used in this chapter, the term “loading and unloading” shall mean temporarily stopping for no more than 15 minutes while removing or adding goods to the vehicle. (Ord. 1201 § 8, 1992).

10.12.110 Traffic safety commission.

A traffic safety commission is established. The commission shall consist of one member of the public to be appointed by the city council, the police chief, the city engineer and a member of the city council. The function of the commission is to recommend modifications of the parking ordinance to the city council. The commission shall meet at least annually to review enforcement statistics, problems and requests for changes or clarification of the parking ordinance and shall provide an annual report and recommendation to the city council. (Ord. 1201 § 2, 1992).

10.12.120 Angular parking.

It shall be unlawful for any person to angular park on the street and highways within the city except as designated with either a painted stripe or signs posted in the block. Parking of any vehicle extending into the traffic lane is prohibited in any angular parking space. Parking in an unsafe manner which creates a traffic hazard, including obstructed vision or impeding pedestrian or traffic flow, in areas not striped or sign posted for parking is prohibited. (Ord. 1343 § 1, 1997; Ord. 1239 § 1, 1993; Ord. 1201 § 3, 1992).

10.12.130 Time limits.

A. It shall be unlawful for any person to park or leave standing any vehicle for a greater time limit than is designated and posted in a particular time limit zone.

B. Time limit zones shall be designated by the public works director and time limit zones shall be so posted, with a minimum of one sign per block.

C. All streets are 72-hour time limit zones unless otherwise posted. (Ord. 1556 § 2, 2004; Ord. 1239 § 2, 1993; Ord. 1201 § 4, 1992).

10.12.140 Vehicle removal.

A. Whenever any police officer finds a vehicle standing upon or adjacent to the street or highway in violation of this chapter, such officer shall be authorized to move such vehicle, or require the driver or other person in charge of the vehicle to move the same to a position off that portion of the street or highway.

B. The charge for removal of a vehicle as authorized in subsection A of this section shall be fixed by a governmental agency having traffic law enforcement jurisdiction over the portion of street or highway where such vehicle was found. Such governmental agency may perform the removal service directly or through a private firm. A private firm providing such removal services shall post the authorized charges therefor prominently at its place of business. The costs incurred in the removal of such vehicle shall be paid by the vehicle’s owner and shall be a lien upon the vehicle until paid. (Ord. 1201 § 5, 1992).

10.12.150 Miscellaneous parking restrictions.

A. It shall be unlawful to park in the following circumstances:

1. Within 20 feet of a fire hydrant;

2. Parking in a direction opposite of vehicle travel on a street;

3. Parking in a designated “LOADING ZONE”;

4. Parking in a designated “HANDICAPPED” parking stall;

5. Parking in any yellow zone;

6. Parking on sidewalks;

7. Blocking an alley or crosswalk; and

8. Parking in “NO PARKING ZONES.”

B. Avon Avenue (State Route 20). It is unlawful for any person to stop, park or leave standing any vehicles, whether attended or unattended, upon the main traveled part of the highway, the shoulder, curb or any section of the state right-of-way on the north or south side of Avon Avenue commencing at the intersection of Burlington Boulevard and extending east to the city limits.

C. Burlington Boulevard. It is unlawful for any person to stop, park or leave standing any vehicles, whether attended or unattended, upon the main traveled part of the highway, the shoulder, curb or any section of the state right-of-way on either side of Burlington Boulevard commencing at a point of intersection with the bridge to Mount Vernon and Burlington Boulevard northward on Burlington Boulevard to the point of intersection of Burlington Boulevard and Avon Avenue.

D. Goldenrod Road. It is unlawful for any person to stop, park or leave standing any vehicles, whether attended or unattended, upon the main traveled part of the highway, the shoulder, curb or any section of the state right-of-way on either side of Goldenrod Road commencing at a point of intersection with Highway 20 to the Interstate 5 Freeway access.

E. Spruce Street. It shall be unlawful for any person to park, or leave standing, any commercial vehicle and all nonmotorized vehicles or trailers designed to be or actually attached or connected to a motor vehicle, and all vehicles exceeding 10,000 pounds gross vehicle weight, upon the main traveled part of the roadway, the shoulder, curb or any section of the street right-of-way on the east and west side of Spruce Street from East Fairhaven to Gilkey Street, except parking shall be allowed on the west side of the street between Greenleaf and Washington Streets.

F. Alley Way. The alley running east and west between Anacortes Street and Pine Street, and East Fairhaven and Washington Street, shall be designated one-way westbound.

G. Rio Vista Street. It shall be unlawful for any person to park, or leave standing, any commercial vehicle and all nonmotorized vehicles or trailers designed to be or actually attached or connected to a motor vehicle, and all vehicles exceeding 10,000 pounds gross vehicle weight, upon the main traveled part of the roadway, the shoulder, curb or any section of the street right-of-way on the north and south side of Rio Vista Street from Burlington Boulevard to Spruce Street. (Ord. 1556 § 3, 2004; Ord. 1239 § 3, 1993; Ord. 1201 § 6, 1992).

10.12.160 Applicability.

BMC 10.12.150 shall not apply to the driver of any vehicle which is disabled while on the main travelled portion of the highway in such manner and to such extent that it is impossible to avoid stopping and temporarily leaving such disabled vehicle in such position. In no case shall the vehicle be left on the highway for more than two hours. (Ord. 1201 § 7, 1992).

10.12.170 Parking restrictions for commercial and recreational vehicles.

A. In areas zoned residential, including multifamily areas, no recreational or commercial vehicle may be stored upon any city street or sidewalk, but may be stored in a garage or private driveway.

B. The restrictions set forth in this section shall not apply to the parking of a recreational vehicle on a street or alley immediately abutting street lot line of the lot upon which the owner or operator of the vehicle resides if such parking is solely for the purpose of connection with a planned trip, outing or vacation, commencing or ending on the same day of such departure or return, including any loading or unloading of persons and personal effects, or for the preparation of the vehicle in regards to such departure or return; provided, however, that such parking may not occur on more than two consecutive days or on more than two days in any seven-day period and shall not be occupied while parked on street. (Ord. 1239 § 4, 1993; Ord. 1201 § 9, 1992).

10.12.180 Occupation of recreational vehicle.

It shall be unlawful to occupy any recreational vehicle for residence purposes anywhere in the city, except in a duly established trailer park maintained in accordance with all applicable state statutes and city ordinances; provided, however, that occupation for residence purposes for a period of not more than seven days shall not be construed to be a violation of this section. (Ord. 1201 § 10, 1992).

10.12.190 Penalties.

A. Any person violating any provision of this chapter shall be deemed to have committed a traffic infraction, and upon a final determination of having committed such infraction, such person shall be subject to a monetary penalty as set forth in subsection E of this section.

B. There shall be a penalty of $25.00 for failure to respond to a notice of traffic infraction for violation of the provisions of this chapter or for failure to appear at any requested hearing.

C. In addition, any vehicle parked in violation of any provision of this chapter shall be subject to impoundment of the vehicle at the owner’s expense.

D. Erasing Chalk Marks. It is a traffic infraction, with a monetary penalty of $100.00, for any person to park a vehicle or permit a vehicle to remain parked on the streets knowing that time marks had been erased from such vehicle within the preceding 10 hours. A registered owner and/or last operator of a vehicle shall be presumed to know when and whether time marks had been erased from such vehicle.

E. Table of Fees for Parking Violations.

Table of Fees for Parking Violations
Parking Violations	Monetary Penalties
Overtime parking	$20.00
No parking	20.00
Yellow zone	20.00
Parking in the wrong direction	20.00
Within 20 feet of fire hydrant	100.00
Within 20 feet of railroad crossing	20.00
Improperly parked	20.00
Obstructing fire lane	100.00
Blocking alley	20.00
On sidewalk	20.00
Blocking crosswalk	20.00
Handicap parking	250.00

F. All Other Violations. All other violations of the provisions of this chapter shall be subject to the monetary penalty for like violations as set forth in the Justice Court Traffic Infraction Rules (JTIR) promulgated by the Washington State Supreme Court, as such rules now exist or may hereafter be amended.

All $20.00 violations will be reduced to $5.00 if paid within 24 hours after being issued. (Ord. 1556 § 4, 2004; Ord. 1239 § 5, 1993; Ord. 1201 § 11, 1992).

10.12.200 Repair on public property prohibited – Exception.

It is unlawful to disassemble, construct, reconstruct, repair and/or service motor vehicles of any kind in or upon any street, road, alley or other public thoroughfare in the city except for emergency service; provided, however, that the emergency service shall not extend over a period of two hours, and that the same does not interfere with or impede the flow of traffic. (Ord. 1201 § 12, 1992).

10.12.210 Parking zone regulations not applicable when.

Restrictions limiting the duration of parking in limited, free parking zones on Sundays, and on the following legal holidays: New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day, and shall not be effective in designated areas within which regulatory signs have been removed or covered by the city. Temporary parking permits may be issued by the Burlington police department. (Ord. 1201 § 13, 1992).

Article IV. Fire Lanes

10.12.300 Definitions.

As used in this chapter, the term “fire lane” means a parcel of land designated and maintained by the owner thereof, as a public way, as defined in Section 1001.2 Uniform Building Code, to provide access from an improved public street, for firefighting and other emergency equipment and personnel. (Ord. 1377 § 1, 1998).

10.12.310 Designation by fire chief.

The fire chief is granted authority to designate all or a portion of any roadway, driveway, alleyway, parking lot or other means of vehicular ingress or egress to business, commercial or multifamily structures, or other assembly or educational occupancies, whether such ingress is publicly or privately maintained, as a fire lane in the manner set forth in this article.

A. Driveways and/or easements serving more than one single-family residence shall be designated and maintained as fire lanes where necessary in order to, at all times, provide a minimum of a 12-foot clearance through such driveway or easement.

B. It is hereby declared a violation of this section to stop, park a vehicle or otherwise obstruct any fire station facility housing emergency response apparatus. (Ord. 1377 § 1, 1998).

10.12.320 Criteria for designation.

Selection of areas to be designated as fire lanes shall be discretionary with the fire chief and shall be based upon the requirements of the specific site for access by fire, police and other emergency equipment and also for egress from required exits. (Ord. 1377 § 1, 1998).

10.12.330 Notification of designation.

Upon determining that an area should be designated as a fire lane, the fire chief shall notify the owner, or other person or organization having control of said area, of the designation and of the action required to give notice of the designation by painting, posting of signs, symbols or other methods approved by the fire chief. (Ord. 1377 § 1, 1998).

10.12.340 Owner to mark fire lanes.

The owner or other person or organization having control of the area designated as a fire lane shall, within 90 days after being advised of the fire lane designation, give notice of said designation by painting, posting signs, symbols or such other method as directed by the fire chief. The cost of giving notice and maintaining the same shall be borne by the owner or other responsible party. (Ord. 1377 § 1, 1998).

10.12.350 Owner to maintain fire lanes.

The owner, manager or person in charge of any property upon which designated fire lanes have been established shall prevent the parking of vehicles or the placement of other obstructions in such fire lanes.

The required width of a fire apparatus access road shall not be obstructed in any manner, including parking of vehicles. Minimum required widths and clearances established under the Uniform Fire Code Section 902.2.2.1 shall be maintained at all times.

Entrances to roads, trails or other accessways which have been closed by gates and barriers in accordance with Section 902.2.4.2 of the Uniform Fire Code shall not be obstructed by parked vehicles. (Ord. 1377 § 1, 1998).

10.12.360 Violation – Civil infraction.

The owner or other person or organization having control of the area designated as a fire lane who fails to mark or maintain the marking of a designated fire lane as prescribed in this chapter, or who parks a vehicle in, allows the parking of a vehicle in, obstructs or allows the obstruction of a designated fire lane commits a civil infraction and such violation shall be punishable by a monetary penalty of $100.00. Each day such violation continues shall be considered a separate offense. The penalty for parking a vehicle in, allowing the parking of a vehicle in, obstructing or allowing the obstruction of a designated fire lane or for parking within 20 feet of a fire hydrant, whether on public or private property, shall be $100.00. (Ord. 1377 § 1, 1998).

10.12.370 Impoundment.

Any vehicle or object obstructing a designated fire lane or parked within 20 feet of a fire hydrant, whether on public or private property, is hereby declared a traffic and fire hazard and is considered an immediate hazard to life and property and may be abated without prior notification to its owner by impoundment pursuant to applicable state law and the Uniform Fire Code. (Ord. 1377 § 1, 1998).

10.12.380 Enforcement.

In addition to enforcement by commissioned officers of the city, the fire chief, or his authorized designee, is authorized to take such lawful action, including impoundment or the writing and issuance of notices of infraction, as may be required to enforce the provisions of this article. (Ord. 1377 § 1, 1998).

Exhibit I

Repealed by Ord. 1556. (Ord. 1328 § 1, 1996; Ord. 1317 § 1, 1996; Amendment eff. 8/16/94; Ord. 1239 § 6, 1993; Ord. 1201 Exh. I, 1992).

Exhibit II

Repealed by Ord. 1556. (Ord. 1377 § 2, 1998; Ord. 1239 § 6, 1993; Ord. 1201 Exh. II, 1992).

Chapter 10.16
BRAKES

Sections:

10.16.010 Definitions.

10.16.020 Engine compression brakes – Described – Declared nuisance when.

10.16.030 Engine compression brakes – Prohibited – Exemption.

10.16.040 Violation – Penalty.

10.16.010 Definitions.

For the purpose of this chapter, the following words and phrases shall be defined as follows:

A. “Brake” means any device used for slowing, halting or stopping the movement of any vehicle.

B. “Motor vehicle” means and includes automobiles, tractors, trucks, trailers and transportation equipment of all kinds and sizes, or any combination or combinations of the foregoing. (Ord. 766 § 1, 1972).

10.16.020 Engine compression brakes – Described – Declared nuisance when.

The use within the corporate limits of the city of motor vehicle brakes which are activated or worked by the compression of the engine of the motor vehicle disturbs and disrupts the public peace and quiet and disturbs the residents of the city in their rest and in the enjoyment of their property and by reason thereof the city council finds that the use of such brakes within the corporate limits of the city is a public nuisance. (Ord. 766 § 2, 1972).

10.16.030 Engine compression brakes – Prohibited – Exemption.

The use within the corporate limits of the city of any brake of a motor vehicle, which brake is in any way activated or worked by the compression of the engine of any such motor vehicle or any unit or part thereof is prohibited; provided, however, fire engines, ambulances, aid trucks, police vehicles and other emergency vehicles shall be exempted from this prohibition. (Ord. 1293 § 1, 1995; Ord. 766 § 3, 1972).

10.16.040 Violation – Penalty.

Any person who violates any of the provisions of this chapter and any person, firm or corporation who allows or permits any motor vehicle owned and/or operated by it in violation of any of the provisions of this chapter is guilty of a misdemeanor and upon conviction of any violation hereof shall be punished according to the provisions of chapter 1.24 BMC. (Ord. 766 § 5, 1972).

Chapter 10.20
TRAINS

Sections:

10.20.010 Obstructing traffic prohibited when – Penalty.

10.20.010 Obstructing traffic prohibited when – Penalty.

Every person operating a locomotive, or who has the care, custody and control of a locomotive and/or train who causes the same to obstruct vehicle or pedestrian traffic for more than five minutes where such railway crosses a traveled road or street within the city limits is guilty of a misdemeanor and may be punished according to the provisions of chapter 1.24 BMC. (Ord. 912 § 1, 1978).

Chapter 10.24
MOTORIZED FOOT SCOOTERS, BICYCLES AND ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES

Sections:

10.24.010 Purpose.

10.24.020 Definitions.

10.24.030 Rules of operation – Motorized foot scooters.

10.24.040 Rules of operation – EPAMDs.

10.24.050 Rules of operation – Bicycles.

10.24.060 Removal of factory-installed braking equipment.

10.24.070 Helmets required.

10.24.080 Responsibility.

10.24.090 Violation – Enforcement authority and penalties.

10.24.100 Alternative penalty for minor children.

10.24.010 Purpose.

This chapter is enacted as an exercise of the authority of the city of Burlington to protect and preserve the public health, safety and welfare. Its provisions shall be liberally construed for the accomplishment of these purposes. (Ord. 1558 § 1, 2004).

10.24.020 Definitions.

A. “Approved helmet” means a head covering designed for safety that shall meet or exceed the requirements of 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 ASTM (American Society for Testing and Materials), or such subsequent nationally recognized standard for helmet performance as the city may adopt. The helmet must be equipped with either a neck- or chin-strap that shall be fastened securely while the wheeled vehicle is in motion.

B. “Bicycle” means every device propelled solely by human power upon which a person or persons may ride, having two tandem wheels, either of which is 16 inches or more in diameter, or three wheels, any one of which is more than 20 inches in diameter. (Statutory reference: RCW 46.04.071.)

C. “Electric-assisted bicycle” means a bicycle with two or three wheels, a saddle, fully operative pedals for human propulsion, and an electric motor. The electric-assisted bicycle’s electric motor must have a power output of no more than 1,000 watts, be incapable of propelling the device at a speed of more than 20 miles per hour on level ground, and be incapable of further increasing the speed of the device when human power alone is used to propel the device beyond 20 miles per hour. (Statutory reference: RCW 46.04.169.)

D. “EPAMD” or “electric personal assistive mobility device” means an electric personal assistive mobility device, which is a self-balancing device with two wheels not in tandem, designed to transport only one person by an electric propulsion system with an average power of 750 watts (one horsepower) having a maximum speed on a paved level surface, when powered solely by such a propulsion system while ridden by an operator weighing 170 pounds, of less than 20 miles per hour. (Statutory reference: RCW 46.04.1695.)

E. “Hours of darkness” means the hours from one-half hour after sunset to one-half hour before sunrise, and any other time when persons or objects may not be clearly discernible at a distance of 500 feet. (Statutory reference: RCW 46.04.200.)

F. “Minor child” shall mean a person under the age of 16 years.

G. “Moped” means a motorized device designed to travel with not more than three 16-inch or larger diameter wheels in contact with the ground, having fully operative pedals for propulsion by human power, and an electric or a liquid fuel motor with a cylinder displacement not exceeding 50 cubic centimeters which produces no more than two gross brake horsepower (developed by a prime mover, as measured by a brake applied to the driving shaft) that is capable of propelling the device at not more than 30 miles per hour on level ground. The term shall also include a vehicle which fails to meet these specific criteria, but which is essentially similar in performance and application to motorized devices which do meet these specific criteria as determined by the Washington State Patrol. (Statutory reference: RCW 46.04.304.)

H. “Motor-driven cycle” means every motorcycle, including every motor scooter, with a motor that produces not to exceed five brake horsepower (developed by a prime mover, as measured by a brake applied to the driving shaft). A “motor-driven cycle” does not include a moped, a power wheelchair, a motorized foot scooter, or an electric personal assistive mobility device. (Statutory reference: RCW 46.04.332.)

I. “Motorized foot scooter” means a device with no more than two 10-inch or smaller diameter wheels that has handlebars, is designed to be stood or sat upon by the operator, and is powered by an internal combustion engine or electric motor that is capable of propelling the device with or without human propulsion. A motor-driven cycle, a moped, an electric-assisted bicycle, or a motorcycle is not a motorized foot scooter. (Statutory reference: RCW 46.04.336.)

J. “Muffler” means a device consisting of a series of chambers or other mechanical designs for the purpose of receiving exhaust gas from an internal combustion engine and effective in reducing noise resulting therefrom. (Statutory reference: RCW 46.04.340.)

K. “Pedestrian” means any person who is afoot or who is using a wheelchair, a power wheelchair, or a means of conveyance propelled by human power other than a bicycle. (Statutory reference: RCW 46.04.400.)

L. “Roadway” means that portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the sidewalk or shoulder even though such sidewalk or shoulder is used by persons riding bicycles. In the event a highway includes two or more separated roadways, the term “roadway” shall refer to any such roadway separately but shall not refer to all such roadways collectively. (Statutory reference: RCW 46.04.500.)

M. “Sidewalk” or “walkway” means that property between the curb lines or the lateral lines of a roadway 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 public highway and dedicated to use by pedestrians. (Statutory reference: RCW 46.04.540.)

N. “Vehicle” includes every device capable of being moved upon a public highway and in, upon, or by which any person or property is or may be transported or drawn upon a public highway, including bicycles. The term does not include power wheelchairs or devices other than bicycles moved by human or animal power or used exclusively upon stationary rails or tracks. (Statutory reference: RCW 46.04.670). (Ord. 1558 § 1, 2004).

10.24.030 Rules of operation – Motorized foot scooters.

The following rules of operation shall apply to motorized foot scooters:

A. Minimum Age of Operator. No person under 16 years of age may operate a motorized foot scooter on a roadway, shoulder or alley.

B. Speed Limit. Motorized foot scooters shall not be operated on roadways with a speed limit of greater than 25 miles per hour, unless the motorized foot scooter is operated within a designated and marked bicycle lane.

C. Passengers. At no time shall the operator of a motorized foot scooter allow a passenger to ride on the motorized foot scooter.

D. Prohibited Areas. Motorized foot scooters shall not be operated on city-owned property, within city parks, upon sidewalks, or any similar place where motor vehicles are expressly prohibited. Except as otherwise provided in this section, and subject to the provisions of subsection B of this section, motorized foot scooters may be operated on roadways, roadway shoulders, bicycle lanes, and alleys.

E. Rules of the Road. Operators of motorized foot scooters shall adhere to all rules of the road applicable to vehicles, including those set forth in chapter 46.61 RCW and excepting only those provisions of chapter 46.61 RCW which by their nature can have no application.

F. Lights and Reflectors. Every motorized foot scooter shall be equipped with a lamp on the front which shall emit a white light visible from a distance of at least 500 feet to the front and with a red reflector on the rear of a type approved by the State Patrol which shall be visible from all distances up to 600 feet to the rear when directly in front of lawful lower beams of head lamps on a motor vehicle. A lamp emitting a red light visible from the rear may be used in addition to the red reflector. Such lamps shall comply with the provisions of RCW 46.37.280.

G. Negligent Operation. Motorized foot scooters shall not be operated in a negligent manner upon any roadway. For the purpose of this section, “to operate in a negligent manner” means to operate a motorized foot scooter in such a manner as to endanger or be likely to endanger any person or property or to obstruct, hinder or impede the lawful course of travel of any vehicle or the lawful use by any pedestrian of any roadway, sidewalk, alley, parking area, trail or public park.

H. Engine Disengagement. Motorized foot scooters shall be equipped so that the drive motor is engaged through a switch, lever, or other mechanism that, when released, will cause the drive motor to disengage or cease to function.

I. Mufflers. Operation of a motorized foot scooter without a muffler in good working order and in constant operation to prevent excessive or unusual noise, or operation with a modified muffler, is unlawful. (Ord. 1558 § 1, 2004).

10.24.040 Rules of operation – EPAMDs.

The following rules of operation shall apply to EPAMDs:

A. Minimum Age of Operator. No person under 16 years of age may operate an EPAMD on a roadway, shoulder or alley.

B. Speed Limit. EPAMDs shall not be operated on roadways with a speed limit of greater than 25 miles per hour, unless the EPAMD is operated within a designated and marked bicycle lane.

C. At no times shall the operator of an EPAMD allow a passenger to ride on the EAPMD.

D. Negligent Operation. EPAMDs shall not be operated in a negligent manner upon any roadway. For the purpose of this section, “to operate in a negligent manner” means to operate an EPAMD in such a manner as to endanger or be likely to endanger any person or property or to obstruct, hinder or impede the lawful course of travel of any vehicle or the lawful use by any pedestrian of any roadway, sidewalk, alley, parking area, trail or public park.

E. Rules of the Road. Operators of EPAMDs shall adhere to all rules of the road applicable to vehicles, including those set forth in chapter 46.61 RCW and excepting only those provisions of chapter 46.61 RCW which by their nature can have no application. (Ord. 1558 § 1, 2004).

10.24.050 Rules of operation – Bicycles.

The following rules of operation shall apply to bicycles:

A. Obedience to Traffic Control Devices.

1. Any person operating a bicycle shall obey the instructions of official traffic control devices applicable to vehicles, unless otherwise directed by a police officer.

2. Whenever authorized signs are erected indicating that no right or left or U-turn is permitted, no person operating a bicycle shall disobey the directions of any such sign, except where such person dismounts from the bicycle at the right-hand curb or as close as is practicable to the right edge of the right-hand shoulder to make any such turn, in which event such person shall then obey the regulations applicable to pedestrians (i.e., stop, dismount, and walk to cross the roadway or make a left-hand turn). (Reference: WAC 308-330-545.)

B. Passengers. At no time shall a bicycle rider allow a passenger to ride on the bicycle, unless such bicycle is equipped with a seat or device intended to accommodate a passenger. For the purposes of this section, freestyle pegs attached to the front or back axles of a bicycle shall not constitute a device intended to accommodate a passenger.

C. Parking. No person shall park a bicycle upon a highway other than:

1. Off the roadway except in designated areas;

2. Upon the sidewalk in a rack to support the bicycle;

3. Against a building; or

4. In such manner as to afford the least obstruction to pedestrian traffic. (Reference: WAC 308-330-550.)

D. Bicycles – Riding on Sidewalks.

1. No person shall ride a bicycle upon a sidewalk in a business district. For the purposes of this section, the term “business district” shall be defined as Fairhaven Avenue, north of Burlington Boulevard and south of Holly Street.

2. A person may ride a bicycle on any other sidewalk or any roadway unless restricted or prohibited by traffic control devices.

3. Whenever any person is riding a bicycle upon a sidewalk, such person shall yield the right-of-way to any pedestrian. (Reference: WAC 308-330-555.)

E. Lights. Every bicycle when in use at any time during the hours of darkness as defined in RCW 46.37.020 shall be equipped with a lamp and reflectors as set forth in RCW 46.61.780.

F. Negligent Operation. Bicycles shall not be operated in a negligent manner upon any roadway. For the purpose of this section, “to operate in a negligent manner” means to operate a bicycle in such a manner as to endanger or be likely to endanger any person or property or to obstruct, hinder or impede the lawful course of travel of any vehicle or the lawful use by any pedestrian of any roadway, sidewalk, alley, parking area, trail or public park. (Ord. 1558 § 1, 2004).

10.24.060 Removal of factory-installed braking equipment.

It is unlawful to operate a bicycle, motorized foot scooter, or EPAMD on a public roadway, sidewalk, or on public property when the bicycle, motorized foot scooter, or EPAMD has had factory-installed brakes removed or altered to the extent that the braking device is ineffective. (Ord. 1558 § 1, 2004).

10.24.070 Helmets required.

A. Any minor child riding or otherwise operating any bicycle, electric-assisted bicycle, EPAMD, or motorized foot scooter, including any passenger thereon and/or person being towed thereby, on any public area in the city shall wear an approved helmet, and shall have either the neck- or chin-strap of the helmet fastened securely while the device is in motion.

B. Penalties – Civil Infraction. Any person violating subsection A of this section shall have committed a class 4 civil infraction and shall be liable for monetary penalties as set forth in RCW 7.80.120, as that statute now exists or may hereafter be amended.

C. The court may waive, reduce or suspend the civil penalty and clear the civil infraction as a warning for a person who has not been cited under this chapter within the previous year and provides proof that he or she has acquired an approved helmet at the time of appearance in court.

D. The city of Burlington encourages any person engaging in the business of selling bicycles, electric-assisted bicycles, EPAMDs, motorized foot scooters, skateboards, or skates to include information on helmet safety and the helmet requirements of this chapter with each bicycle or device sold.

E. The city encourages any person engaging in the business of selling helmets to include information on safe helmet usage with each helmet sold. (Ord. 1558 § 1, 2004).

10.24.080 Responsibility.

No person shall do any act forbidden by this chapter or fail to perform any act required in this chapter. The parent or guardian of any child shall not authorize or knowingly permit any such child to violate any of the provisions of this chapter. (Ord. 1558 § 1, 2004).

10.24.090 Violation – Enforcement authority and penalties.

The city of Burlington police department shall be responsible for enforcing the provisions of this chapter. Upon determining that a violation of this chapter has occurred, law enforcement officers may, at their discretion, issue a civil infraction in the following amounts to any person, including a parent or guardian, violating any of the provisions of this chapter. In addition to issuing an infraction, law enforcement officers may impound motorized foot scooters in accordance with BMC 10.24.100. The following monetary penalties shall apply:

A. First offense: $90.00;

B. Second offense: $180.00;

C. Third and future offenses: $250.00. (Ord. 1558 § 1, 2004).

10.24.100 Alternative penalty for minor children.

In lieu of the penalty described in BMC 10.24.090, any commissioned Burlington police officer may, in the officer’s discretion, utilize the following penalty provision for violations by minor children of this chapter relating to bicycles and motorized foot scooters. For purposes of this section, the city council of the city of Burlington hereby finds that there is a compelling governmental interest in imposing the following discretionary penalty section for minor children, in order to encourage parental intervention and responsibility for the violations of the minor children. The city further finds that impoundment is more likely to prevent repeat offenses by minors than the imposition of monetary penalties.

A. First Offense. On the child’s first offense in a 365-day period, the city may issue a written warning and notification of the child’s parent or guardian of the violation.

B. Second Offense. On the child’s second offense in a 365-day period, the city may issue a written notice of violation and the investigating officer may take custody of the bicycle or motorized foot scooter and hold for safekeeping until the child’s parent or guardian claims the bicycle or motorized foot scooter.

C. Third and Subsequent Offense(s). On the child’s third offense in a 365-day period, the city shall include a civil fine not to exceed $47.00. The arresting officer may take custody of the bicycle or motorized foot scooter and hold for safekeeping for 30 days.

D. Forfeiture of a Bicycle or Motorized Foot Scooter. As authorized by WAC 308-330-565 and chapter 63.32 RCW, impounded bicycles, skates or motorized foot scooters may be forfeited to the Burlington police department if unclaimed within 60 days of the impound. (Ord. 1558 § 1, 2004).