Chapter 16.10
Snowmobiles

Sections:

16.10.010 Definitions.

16.10.020 Ownership, Transport or Operation of Snowmobile without Registration Prohibited.

16.10.030 Ownership or Operation of Snowmobile without Registration Prohibited – Exceptions.

16.10.050 Dealers Number Plates, Use – Sale or Demonstration Unlawful without Registration.

16.10.070 Affixing and Displaying Registration Number.

16.10.090 Operating Violations.

16.10.100 Crossing Public Roadways and Highways Lawful – When.

16.10.110 Operating Upon Public Road or Highway Lawful – When.

16.10.120 Restrictions on Age of Operators – Qualifications.

16.10.130 Additional Violations – Penalty.

16.10.140 Accident Reports.

16.10.190 Violations as Traffic Infractions – Exceptions.

16.10.200 Repealed.

16.10.010 Definitions.

As used in this chapter the words and phrases in this section shall have the designated meanings unless a different meaning is expressly provided or the context otherwise clearly indicates.

1.   “Person” shall mean any individual, firm, partnership, association, or corporation.

2.   “Snowmobile” shall mean any self-propelled vehicle capable of traveling over snow or ice, which utilizes as its means of propulsion an endless belt tread, or cleats, or any combination of these or other similar means of contact with the surface upon which it is operated, and which is steered wholly or in part by skis or sled type runners, and which is not otherwise registered as, or subject to, the motor vehicle excise tax in the State of Washington.

3.   “All terrain vehicle” shall mean any self-propelled vehicle other than a snowmobile, capable of cross-country travel on or immediately over land, water, snow, ice, marsh, swampland, and other natural terrain, including but not limited to, four-wheel vehicles, amphibious vehicles, ground effect or air cushion vehicles, and any other means of land transportation deriving motive power from any source other than muscle or wind; except any vehicle designed primarily for travel on, over, or in the water, farm vehicles, or any military or law enforcement vehicles.

4.   “Owner” shall mean the person, other than a lienholder, having the property in or title to a snowmobile or all terrain vehicle, and entitled to the use or possession thereof.

5.   “Operator” means each person who operates, or is in physical control of, any snowmobile or all terrain vehicle.

6.   “Public roadway” shall mean the entire width of the right-of-way of any road or street designed and ordinarily used for travel or parking of motor vehicles, which is controlled by a public authority other than the Washington State Department of Transportation, and which is open as a matter of right to the general public for ordinary vehicular traffic.

7.   “Highways” shall mean the entire width of the right-of-way of all primary and secondary state highways, including all portions of the interstate highway system.

8.   “Dealer” means a person, partnership, association, or corporation engaged in the business of selling snowmobiles or all terrain vehicles at wholesale or retail in this state.

9.   “Department” shall mean the department of licensing.

10.  “Director” shall mean the director of the department of licensing.

11.  “Commission” shall mean the Washington State Parks and Recreation Commission.

12.  “Hunt” shall mean any effort to kill, injure, capture, or disturb a wild animal or wild bird.

13.  “Committee” means the Washington State Parks and Recreation Commission Snowmobile Advisory Committee.

[Ord. C31398 § 142; Passed: 6/5/1995]

16.10.020 Ownership, Transport or Operation of Snowmobile without Registration Prohibited.

1.   Except as provided in this chapter, no person shall own, transport, or operate any snowmobile within the city unless such snowmobile has been registered in accordance with the provisions of RCW chapter 46.10.

2.   Reserved.

[Ord. C31398 § 143; Passed: 6/5/1995]

16.10.030 Ownership or Operation of Snowmobile without Registration Prohibited – Exceptions.

No registration shall be required under the provisions of this chapter for the following described snowmobiles:

1.   Snowmobiles owned and operated by the United States, another state, or a political subdivision thereof.

2.   A snowmobile owned by a resident of another state or Canadian province if that snowmobile is registered in accordance with the laws of the state or province in which its owner resides, but only to the extent that a similar exemption or privilege is granted under the laws of that state or province for snowmobiles registered in this state; provided, that any snowmobile which is validly registered in another state or province and which is physically located in this state for a period of more than fifteen consecutive days shall be subject to registration under the provisions of RCW chapter 46.10.

[Ord. C31398 § 144; Passed: 6/5/1995]

16.10.050 Dealers Number Plates, Use – Sale or Demonstration Unlawful without Registration.

1.   Reserved.

2.   Reserved.

3.   Reserved.

4.   No person other than a dealer, dealer representative, or prospective customer shall display a dealer number plate, and no dealer, dealer representative, or prospective customer shall use a dealer’s number plate for any purpose other than the purposes described in RCW 46.10.050(3), or the equivalent provisions of this title.

5.   Reserved.

6.   It is unlawful for any dealer to sell any snowmobile at wholesale or retail, or to test or demonstrate any snowmobile, within the state, unless registered in accordance with the provisions of RCW 46.10.050.

[Ord. C31398 § 145; Passed: 6/5/1995]

16.10.070 Affixing and Displaying Registration Number.

The registration number assigned to each snowmobile shall be permanently affixed to and displayed upon each snowmobile in such manner as provided by rules adopted by the department, and shall be maintained in a legible condition; except dealer number plates as provided for in RCW 46.10.050 may be temporarily affixed.

[Ord. C31398 § 146; Passed: 6/5/1995]

16.10.090 Operating Violations.

1.   It is a traffic infraction for any person to operate any snowmobile:

a.   At a rate of speed greater than reasonable and prudent under the existing conditions.

b.   In a manner so as to endanger the property of another.

c.   Without a lighted headlight and taillight between the hours of dusk and dawn, or when otherwise required for the safety of others.

d.   Without an adequate braking device which may be operated either by hand or by foot.

e.   Without an adequate and operating muffling device which shall effectively blend the exhaust and motor noise in such manner as to preclude excessive or unusual noise, and

i.  on snowmobiles manufactured on or before January 4, 1973, which shall effectively limit such noise at a level of eighty-six decibels, or below, on the “A” scale at fifty feet, and

ii. on snowmobiles manufactured after January 4, 1973, which shall effectively limit such noise at a level of eighty-two decibels, or below, on the “A” scale at fifty feet, and

iii. on snowmobiles manufactured after January 1, 1975, which shall effectively limit such noise at a level of seventy-eight decibels, or below, as measured on the “A” scale at a distance of fifty feet, under testing procedures as established by the department of ecology; except snowmobiles used in organized racing events in an area designated for that purpose may use a bypass or cutout device. Noise performance standards adopted or to be adopted by the department of ecology shall be in addition to the standards contained in this section, but the department’s standards shall supersede this section to the extent of any inconsistency.

f.   Upon the paved portion or upon the shoulder or inside bank or slope of any public roadway or highway, or upon the median of any divided highway, except as provided in RCW 46.10.100 and 46.10.110, or the equivalent provisions of this title.

g.   In any area or in such a manner so as to expose the underlying soil or vegetation, or to injure, damage, or destroy trees or growing crops.

h.   Without a current registration decal affixed thereon, if not exempted under RCW 46.10.030, or the equivalent provisions of this title, as now or hereafter amended.

2.   It is a misdemeanor for any person to operate any snowmobile so as to endanger the person of another or while under the influence of intoxicating liquor or narcotics or habit-forming drugs.

[Ord. C31398 § 147; Passed: 6/5/1995]

Cross Reference: Rules of Court: Bail in criminal traffic offense cases – Mandatory appearance – CrRLJ 3.2.

16.10.100 Crossing Public Roadways and Highways Lawful – When.

It shall be lawful to drive or operate a snowmobile across public roadways and highways other than limited access highways when:

The crossing is made at an angle of approximately ninety degrees to the direction of the highway and at a place where no obstruction prevents a quick and safe crossing; and

The snowmobile is brought to a complete stop before entering the public roadway or highway; and

The operator of the snowmobile yields the right-of-way to motor vehicles using the public roadway or highway; and

The crossing is made at a place which is greater than one hundred feet from any public roadway or highway intersection.

[Ord. C31398 § 148; Passed: 6/5/1995]

16.10.110 Operating Upon Public Road or Highway Lawful – When.

Notwithstanding the provisions of RCW 46.10.100, or the equivalent provisions of this title, it shall be lawful to operate a snowmobile upon a public roadway or highway:

Where such roadway or highway is completely covered with snow or ice and has been closed by the responsible governing body to motor vehicle traffic during the winter months; or

When the responsible governing body gives notice that such roadway or highway is open to snowmobiles or all-terrain vehicle use; or

In an emergency during the period of time when and at locations where snow upon the roadway or highway renders such impassible to travel by automobile; or

When traveling along a designated snowmobile trail.

[Ord. C31398 § 149; Passed: 6/5/1995]

16.10.120 Restrictions on Age of Operators – Qualifications.

No person under twelve years of age shall operate a snowmobile on or across a public roadway or highway in the city, and no person between the ages of twelve and sixteen years of age shall operate a snowmobile on or across a public road or highway in the city unless he has taken a snowmobile safety education course and been certified as qualified to operate a snowmobile by an instructor designated by the commission as qualified to conduct such a course and issue such a certificate, and he has on his person at the time he is operating a snowmobile evidence of such certification; provided, that persons under sixteen years of age who have not been certified as qualified snowmobile operators may operate a snowmobile under the direct supervision of a qualified snowmobile operator.

[Ord. C31398 § 150; Passed: 6/5/1995]

16.10.130 Additional Violations – Penalty.

No person shall operate a snowmobile in such a way as to endanger human life. No person shall operate a snowmobile in such a way as to run down or harass deer, elk, or any wildlife or any domestic animal, nor shall any person carry any loaded weapon upon, nor hunt from, any snowmobile except by permit issued by the director of fish and wildlife under RCW 77.32.237. Any person violating the provisions of this section or RCW 46.10.139 shall be guilty of a gross misdemeanor.

[Ord. C31398 § 151; Passed: 6/5/1995]

Cross Reference: Rules of Court: Bail in criminal traffic offense; cases – Mandatory appearance – CrRLJ 3.2.

16.10.140 Accident Reports.

The operator of any snowmobile involved in any accident resulting in injury to or death of any person, or property damage to an apparent extent equal to or greater than the minimum amount established by rule adopted by the Washington state patrol in accordance with RCW chapter 46.52, or a person acting for the operator, or the owner of the snowmobile having knowledge of the accident, if the operator of the snowmobile is unknown, shall submit such reports as are required under RCW chapter 46.52, and the provisions of RCW chapter 46.52 apply to the reports when submitted.

[Ord. C31398 § 152; Passed: 6/5/1995]

16.10.190 Violations as Traffic Infractions – Exceptions.

1.   Except as provided in RCW 46.10.090(2), 46.10.055, and 46.10.130, or the equivalent provisions of this title, any violation of the provisions of this chapter or RCW chapter 46.10 is a traffic infraction; provided, that the penalty for failing to display a valid registration decal under RCW 46.10.090, or the equivalent provisions of this title, as now or hereafter amended shall be a fine of forty dollars and such fine shall be remitted to the general fund of the governmental unit, which personnel issued the citation, for expenditures solely for snowmobile law enforcement.

2.   Reserved.

[Ord. C31398 § 153; Passed: 6/5/1995]

Cross Reference: Rules of Court: Monetary penalty schedule – IRLJ 6.2.

16.10.200 Repealed.

Repealed.

[Ord. C31398 § 154; Passed: 6/5/1995]