Loading...
HomeMy WebLinkAbout2004-039 Motorized Foot Scooters • ORDINANCE NO 2004- 39 AN ORDINANCE relating to traffic, regulating the use of motorized foot scooters within the City of Yakima by establishing a minimum age and permit requirement for operators and limiting and /or prohibiting motorized foot scooter use on sidewalks, streets and in parks, restricting modification of motorized foot scooters and requiring operators to wear helmets and operate such vehicles safely WHEREAS, the city council of the City of Yakima makes the following findings regarding the current unregulated use of motorized foot scooters within the city limits, WHEREAS, revised Code of Washington (RCW) 46 61 710 has authorized use of motorized foot scooters upon the highways of the state but providing for local jurisdictions to limit or otherwise regulate the use of such vehicles, and WHEREAS, unregulated operation of motorized foot scooters upon the City's streets and sidewalks increases risk of accidental injury to motor scooter operators and other vehicular and pedestrian traffic as well as damage to property; and WHEREAS Shared use of sidewalks by pedestrians and motorized vehicular traffic increases risk of injury to sidewalk users and reduces the desirability of foot traffic as an alternative to motor vehicle use within the City, contrary to the City's stated policy goals, therefore mixed use by motorized and non - motorized traffic on sidewalks should be limited as much as is practical, and WHEREAS, the City has previously limited bicycle, roller blade and skateboard traffic upon sidewalks in the Central Business District to encourage foot traffic and the frequenting of shops and other business within the District, thereby improving the cultural, aesthetic, and financial health of the City; and WHEREAS, the City has previously found that operation of any motorized vehicle, other than wheelchair conveyances, within parks and other similarly designated areas is undesirable and impairs the intended use of such areas as retreats from urban stress and has therefore prohibited the use of motorized vehicles within such areas, and WHEREAS, RCW 46 61 710 does not establish minimum age or training requirements for operation of motorized foot scooters, creating great risk of injury and /or property damage caused by untrained operators and /or youthful operators lacking sufficient judgment to safely operate a motorized vehicle upon public streets, and (jc)ord /motorized foot scooter 1 WHEREAS, RCW 46 61 710 does not make use of protective helmets mandatory for motorized foot scooter operators, although the risk of serious injury to operators of motorized transportation devices who do not wear a protective helmet is clear; NOW THEREFORE, BE IT ORDAINED BY THE CITY OF YAKIMA Section 1 Chapter 9 50 of the City of Yakima Municipal Code is hereby amended to add new Sections 9 50 400, to read as follows "9 50.400 Motorized foot scooters. Subsections 9 50 410 Definitions 9 50 420 Duty to obey traffic control devices and rules of the road 9 50 430 Unsafe use prohibited 9 50 440 Prohibited areas 9 50 450 Requirements for operating motorized foot scooters 9 50 460 Dealer notice required 9 50 470 Violations — Penalty 9 50 480 Severability 9.50 410 Definitions. The following words and phrases, when used in this chapter, shall for purposes of this chapter have the meanings respectively ascribed to them in this section (1) "Motorized foot scooter" means a device with no more than two twelve - 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 (2) "Operate in a negligent manner" means the operation of the device described in (1), above in such a manner as to endanger or be likely to endanger any person or property Examples of operating in a negligent manner include, but are not limited to, failure to obey all traffic control devices, and failure to yield right -of -way to pedestrians and /or vehicular traffic (3) "Helmet" means a head covering that meets or exceeds safety standards adopted by Standard Z -90 4 set by the American National Standards Institute (ANSI), (jc)ord /motorized foot scooter 2 or the Snell Foundation, or such subsequent nationally recognized standard for bicycle helmet performance as the city council may adopt. (4) "Modified or enhanced" means to alter the settings, displacement / horsepower or muffler effect to achieve greater power and / or performance than provided when the unit was delivered from the factory for sale 9.50 420 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 Every person operating a motorized foot scooter upon a public way shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle pursuant to RCW 46 61 except as to those provisions thereof which by their nature can have no application 9 50 430 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 9.50 440 Prohibited areas A. Central Business District. It is unlawful for any person to operate or ride upon a motorized foot scooter or similar device upon any street, alley, sidewalk, park or publicly owned parking lot in the central business district of the City of Yakima as described in section 9 10 010 of this code B Parks, sidewalks and streets Pursuant to City of Yakima Municipal Code 13 16 090, motorized foot scooters are prohibited from city parks and other identified "non- motorized corridors" and violations of the restrictions stated in section 13 16 090 are subject to the specific penalties set forth therein Motorized foot scooters are also prohibited from being operated on sidewalks within the City limits or on any street with a posted speed limit greater than 25 miles per hour 9 50.450 Requirements for operating motorized foot scooters A. Minimum age No motorized foot scooter shall be operated on streets or other public areas not otherwise prohibited to motorized foot scooters by this chapter unless the operator has a valid drivers license (jc)ord /motorized foot scooter 3 (1) Failure of a motorized foot scooter operator to have a valid drivers license on their person while operating a motorized foot scooter in the City of Yakima is a traffic infraction (2) Only one person may occupy a motorized foot scooter at one time No motorized foot scooter operator may transport passengers or tow other devices or persons behind a motorized foot scooter B Helmet, light and reflectors The following equipment shall be required whenever a motorized foot scooter is operated on streets or other public property within the city (1) Helmet required Any person operating a motorized foot scooter upon any public area in the City shall wear an approved helmet designed for safety and meeting or exceeding the standards set forth in City of Yakima Municipal Code section 9 50 010(3) The operator shall have the helmet's neck or chin strap fastened securely while the motorized foot scooter is in motion A parent or guardian is responsible for requiring that a child under the age of eighteen years wears an approved helmet while said child is operating a motorized foot scooter in the City, and that the child's helmet neck or chin strap is securely fastened (2) Light and reflectors required Pursuant to RCW 46 61 780, a motorized foot scooter operated during the hours of darkness as defined in RCW 46 37 020 shall, as a minimum requirement, be equipped with a lamp on the front which shall emit a white light visible from a distance of at least five hundred feet to the front and with a red reflector on the rear of a type approved by the Washington state patrol which shall be visible from all distances up to six hundred feet to the rear when directly in front of lawful lower beams of head lamps on a motor vehicle (3) Brake required Every motorized foot scooter shall be equipped with a brake which, when applied, will enable the operator to make the braked wheel(s) skid on dry, level, clean pavement. (4) Muffler required Every motorized foot scooter powered by an internal combustion engine shall have a properly functioning engine muffler attached and constantly operational during use of the motorized foot scooter to prevent excessive and /or unreasonable noise as defined in City of Yakima Municipal Code section 6 04 180(D)(2) and (E) (5) Motorized foot scooters operated within the City of Yakima shall not be modified or enhanced in design or construction from the specifications provided by the manufacturer (jc)ord /motorized foot scooter 4 9 50 460 Dealer notice required All persons and / or establishments within the City of Yakima that are involved in the retail sales of motorized foot scooters shall provide each purchaser of said motorized foot scooter with a written advisement of the regulations, restrictions and requirements of City of Yakima Municipal Code Section 9 50 400 prior to completing the sale of said motorized foot scooter 9.50 470 Violation _ Penalty Any person violating any provision of Section 9 50 400, except for the specific provisions of City of Yakima Municipal Code 13 16 090, shall be guilty of a traffic infraction and shall be punished by the imposition of a monetary penalty of not more than $250 00, exclusive of statutory assessments, provided that, conduct that constitutes a criminal traffic offense may be charged as such and is subject to the maximum penalties allowed for such offenses 9 50 480 Severability Each separate provision of Section 9 50 400 shall be deemed independent of all other provisions If any provision of the chapter, or any part thereof, be declared invalid, all other provisions, or parts thereof, shall remain valid and enforceable Section 2 This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter PASSED BY THE CITY COUNCIL, signed and approved this 6th day of July ,2004 ATTEST D Paul P George, Mayor 9ah.e —,,�� ,moo City Clerk Publication Date 7 -9 -2004 Effective Date 8 -8 -2004 (jc)ord /motorized foot scooter 5 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No /7 For Meeting of 7/44 ITEM TITLE Consideration of a Resolution to adopt an ordinance regarding the regulation of motorized foot scooters SUBMITTED BY Sam Granato, Chief of Police Rod Light, Captain CONTACT PERSON /TELEPHONE Chief Granato — 575 -6211 Jeff Cutter- 575 -6030 SUMMARY EXPLANATION There has recently been a significant increase of the use of motorized foot scooters within the City of Yakima. Currently the statute does not establish a minimum age or training requirements for the operation of a motorized foot scooter, which creates an increased risk of injury and /or property damage to individuals riding the scooters and to private citizens as well. The adoption of this ordinance will provide a strict set of guidelines for the safe operation of motorized foot scooters. Resolution Ordinance X Other (Specify) Contract Mail to (name and address) Funding Source APPROVED FOR SUBMITTAL. City Manager STAFF RECOMMENDATION It is recommended the Council adopt the resolution regarding motorized foot scooters BOARD /COMMISSION RECOMMENDATION The Council Public Safety Committee has reviewed the Ordinance and is recommending its enactment. COUNCIL ACTION Ordiance passed.ORDINACE NO. 2004-39. (Ik) agenda polka jad Qwest 03 pm Brandt, Sonya From dckbrn @aol com Sent: Wednesday, June 30, 2004 8 PM To ccouncil @ci yakima wa.us Subject: Scooter Rules Importance High Electric scooters shoud not be banned from Yakima becuase they do not pollute the air like gas scooters do, they are not obnoiouxly loud, and they do not help save gas like electric scooters do I would not mind to have to have a licence plate, or pay a couple dollars to get special tags so I could be street legal I also would not mind if I had to take a safety class I am ten years old and I had to save up about $330 to buy this scooter and I would be very dissapointed if I was not allowed to ride on the streets anymore I have had my scooter for 2 years and I have not had an accident My friend also has an electric scooter and I know he would also be very dissapointed if electric scooters were banned My friend and I always wear our helmets and we would not mind if having a helmet on was required I always pay attention to road sings and most importantly I always stop at stop signs Jacob Dixon 3301 Home Drive Yakima My son, Jacob, wrote the above e -mail all by himself He is a very responsible boy, does very well in school, mows the neighbors lawn on the weekend, gets plenty of exercise through sports and play, and is also physically fit Being able to ride his scooter on the street is important to him (and also to me and his mother) I know how we sometimes would like to legislate all risk away, but it is just not possible, and I think that approach reduces our ability to encourage personal responsibility Once again, thank you for listening and please support an approach to this issue that does not include an outright ban on electric scooters Please come up with a solution that educates our youth and still allows kids to be kids (we sometimes forget what it was like when we get older) Jacob Dixon 3301 Home Drive Yakima 98902 1