Chapter 8.36 MOTORIZED FOOT SCOOTERS

Chapter 8.36
MOTORIZED FOOT SCOOTERS

Sections:

8.36.010 Motorized foot scooters.

8.36.020 Seizure and forfeiture.

8.36.010 Motorized foot scooters.

A. Definition. “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 that is capable of propelling the device with or without human propulsion.

B. Duty to Obey Traffic Control Devices and Rules of the Road. Any person operating a motorized foot scooter shall obey all rules of the road applicable to vehicle or pedestrian traffic, 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. Unsafe Use Prohibited. No motorized foot scooter shall be ridden in a negligent or unsafe manner but shall be operated with reasonable regard for the safety of the operator and other persons.

D. Prohibited Areas. Motorized foot scooters are prohibited from being operated:

1. On sidewalks within the city limits;

2. In city parks; and

3. On multiple-use trails including bicycle paths, bikeways, equestrian trails, hiking trails and recreation trails, except where such trails are specifically marked stating that such use is permitted.

E. Minimum Age Requirements. No motorized foot scooter shall be operated on streets, sidewalks or other public areas not otherwise prohibited by this section to motorized foot scooters unless the operator is at least 16 years of age.

F. Helmets Required. Any person operating a motorized foot scooter or riding as a passenger on a motorized foot scooter upon any public area in the city shall wear an approved helmet designed for safety that meets or exceeds the requirements of standard Z-90.4 set by the American National Standards Institute (ANSI) or the Snell Foundation, or a subsequent nationally recognized standard for helmet performance as the city may adopt. The helmet shall be worn over the head and equipped with either a neck- or chin-strap that shall be fastened securely while the motorized foot scooter is in motion. Nothing herein shall be interpreted to permit a passenger other than the operator (see subsection M of this section).

G. Lights Required. No motorized foot scooter shall be operated in use during the hours of darkness as defined in RCW 46.37.020.

H. Noise Restriction. Operation of motorized foot scooters is subject to the provisions of ECC 5.30.130, Public disturbance noises.

I. Peace Disturbance. No person shall operate a motorized foot scooter in or around school property while school is in session so as to disturb the peace.

J. Public Access. No person shall operate a motorized foot scooter in places of public access, such as malls, parking lots or other places where the public has a right of access as an invitee.

K. Parental Negligence. No parent or guardian of a child or ward under the age of 16 shall through negligence or inattention permit such child to operate a motorized foot scooter in violation of the provisions of this section.

L. Parental Responsibility. No parent or guardian of any child or ward under the age of 16 shall knowingly permit such child to operate a motorized foot scooter in violation of the provisions of this section.

M. One Rider. No person shall operate a motorized foot scooter with any passenger other than the operator.

N. Muffler. Every motorized foot scooter operator shall ensure that the motorized foot scooter is at all times equipped with a muffler in good working order so as to prevent excessive or unusual noise. Use of any cutout, bypass or similar muffler elimination device is prohibited.

O. Cruising Prohibited. Cruising is the repeated passage of a motorized foot scooter on or across a portion of a street or way open to the public. No person shall operate a motorized foot scooter nor permit a motorized foot scooter under his control to be operated on any block or 100-yard segment of a city street or right-of-way more than one time in the same direction in any one-hour period. [Ord. 3521 § 1, 2004].

8.36.020 Seizure and forfeiture.

Whenever a law enforcement officer has probable cause to believe that a motorized foot scooter was used or is intended to be used in violation of this chapter, such conveyance shall be subject to seizure and forfeiture. In the event of seizure pursuant to this section, proceedings for forfeiture shall be deemed commenced by the seizure and shall be conducted as outlined in Chapter 69.50 RCW. [Ord. 3521 § 1, 2004].

8.36.030 Penalty.

A violation of this chapter is a traffic infraction and shall be processed and administered according to the procedures set forth in Chapter 46.63 RCW. The penalty for any infraction established under this chapter shall be as follows:


First offense:	$30.00
Second offense:	$60.00
Third and subsequent offenses:	$100.00

The court may confiscate and order forfeiture of the offender's motorized foot scooter.

The court may defer for one year a finding that the infraction has been committed on condition that the defendant attend a class regarding the applicable laws, rules of the road and safety issues for motorized foot scooters. The class will be provided and scheduled by the Edmonds police department. If the defendant successfully completes the class and has no further violations of this chapter for one year, no fine will be imposed. [Ord. 3521 § 1, 2004].