Ordinance 04-048 Establishes Regulations for Personal Motorized Transportation Devices •
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CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO. 04-048
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AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON,
RELATING TO TIIE USE OF MOTORIZED PERSONAL TRANSPORTATION
DEVICES WITHIN THE CITY OF SPOKANE VALLEY BY ESTABLISHING A
MINIMUM AGE REQUIREMENT FOR OPERATORS AND LIMITING
MOTORIZED PERSONAL TRANSPORTATION DEVICE USE ON
SIDEWALKS, STREETS, PUBLIC TRAILS AND IN PARKS; AND
ESTABLISHING REQUIREMENTS FOR OPERATING SUCH MOTORIZED
PERSONAL TRANSPORTATION DEVICES SAFELY.
WHEREAS, the City Council makes the following findings regarding the current unregulated use
of Motorized Personal Transportation Devices within the city limits:
WHEREAS, the Revised Code of Washington (RCW) 46.61.710 authorizes the use of Motorized
Foot Scooters upon streets of the State, but grants authority to local jurisdictions to regulate or otherwise
limit their use and operation; and
WHEREAS, RCW 46.61.710 does not establish minimum age requirements for operation of
Motorized Foot Scooters, thereby creating a great risk of injury and/or property damage caused by young,
untrained, and/or inexperienced operators who lack sufficient judgment to safely operate a motorized
vehicle upon public streets and ways; and
WHEREAS, RCW 46.61.710 does not make use of protective helmets mandatory for operators of
Motorized Foot Scooters, although the risk of serious injury to operators of motorized foot scooters who
do not wear a protective helmet is clear; and
WHEREAS, unregulated operation of Motorized Personal Transportation Devices upon the
City's streets, sidewalks, and public trails increases the risk of accidental injury to operators of Motorized
Personal Transportation Devices, other vehicular operators, and pedestrian traffic, and also increases the
risk of damage to property; and
WHEREAS, shared use of sidewalks and public trails by pedestrians.and Motorized Personal
Transportation Devices increases the risk of injury to sidewalk and trail users and reduces the desirability
of foot traffic as an alternative to motor vehicle use within the City, indicating that mixed use by
motorized and non-motorized traffic on sidewalks and public trails should be limited as much as is
practical; and
WHEREAS, providing minimum requirements as to the use of Motorized Personal
Transportation Devices would increase the health, safety,and welfare of citizens of Spokane Valley.
NOW THEREFORE, the City Council of the City of Spokane Valley, Washington, do ordain as
follows:
Section 1. Intent. The City of Spokane Valley declares that regulating the use and operation
of Motorized Personal Transportation Devices is necessary to protect the health, safety, and welfare of the
public. Therefore, the intent of this ordinance is to promote the safe operation and maintenance of
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Motorized Personal Transportation Devices in order to protect the health, safety, and welfare of the
public.
Section 2. New code provisions regulating Motorized Personal Transportation Devices.
There is established the following new Section under Title 7 of the City of Spokane Valley Municipal
Code:
Chapter 7.35 Motorized Personal Transportation Devices.
7.35.010 Definitions.
The following definitions are applicable in this chapter unless the context
otherwise requires:
A. "Motorized foot scooter" means a device with no more than two ten-inch or
smaller diameter wheels, has handlebars, is designed to be stood upon (but may have a
seat), and is powered by an internal combustion engine or electric motor that is capable of
propelling the device with or without human propulsion.
B. "Motorized Skateboard" means every device with a platform on which the rider
or operator balances, the platform having two or more sets of wheels beneath it, propelled
by an attached or auxiliary electric or gasoline motor.
C. "Motorized Personal Transportation Device" shall be deemed to include
motorized foot scooters, motorized skateboards, pocket motorcycles and all other similar
devices, but shall exclude motorized wheel chairs, motor driven cycles, mopeds, electric-
assisted bicycles, motorcycles, and Electronic Personal Assistive Mobility Devices.
D. "Approved Motorcycle 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 chin strap type retention system, with a label required by the Federal Consumer
Products Safety Commission as adopted by the Code of Federal Regulations, 16 C.F.R. §
1203.
l . "Approved Bicycle Helmet" means a head covering designed for safety that
meets or exceeds the required 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 American Society for Testing and
Materials (ASTM), or such subsequent nationally recognized standard for helmet
performance as may be adopted by the City of Spokane Valley. The helmet shall be
equipped with a neck or chin strap that shall be securely fastened while the Motorized
Personal Transportation Device is in motion.
F. "Street" for the purposes of this Chapter only, means the entire width between
the curb boundary lines, including the shoulder, of every way publicly maintained in the
City of Spokane Valley when any part thereof is open to the use of the public for
purposes of vehicular travel or parking.
G. "Modified or enhanced" means that any of the settings or equipment of the
Motorized Personal Transportation Device, including but not limited to those settings or
equipment that affects displacement, horsepower, or muffler effect have been altered to
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achieve greater power, higher speed, and/or better performance than possible when the
unit was delivered from the factory for sale.
7.35.020 Duty to obey rules of the road.
Any person operating a Motorized Personal Transportation Device on a street shall obey
all rules of the road applicable to motor vehicles, as well as the commands of official
traffic control signals, signs, and other control devices applicable to motor vehicles,
unless otherwise directed by a law enforcement official or their designee. Every person
operating a Motorized Personal Transportation Device on a street is granted all of the
rights and is subject to all of the duties and responsibilities applicable to the driver of a
motor vehicle pursuant to the Washington Administrative Code (WAC) Chapters 308-
330, except Chapter 308-330-500 through Chapter 308-330-540 relating to bicycle
licensing, as adopted or hereafter amended, a copy of which will be kept on file in the
City Clerk's office, and pursuant to Spokane Valley Municipal Code Chapter 9.05 except
as to those provisions thereof which by their very nature can have no application.
7.35.030 Requirements for operating Motorized Personal Transportation
Devices.
A. Minimum Age. No person shall operate a Motorized Personal Transportation
Device on a street, alley, or other public area, unless such person is sixteen years of age
or older.
B. Passengers - Towing. Only one person shall occupy a Motorized Personal
Transportation Device at one time. An operator of a Motorized Personal Transportation
Device shall not transport passengers or tow other devices or persons behind a Motorized
Personal Transportation Device.
C. Helmet Required.
1. Any person operating a Motorized Personal Transportation Device
propelled by an internal combustion engine upon any street, alley or other public place in
the City, shall wear an approved motorcycle helmet designed for safety, on his or her
head and shall have the neck or chin strap of the helmet fastened securely while the
Motorized Personal Transportation Device is in motion or operation.
2. Any person operating a Motorized Personal Transportation Device
propelled by an electric motor upon any street, alley, sidewalk, or other public area in the
City, shall wear an approved bicycle helmet designed for safety, on his or her head and
shall have the neck or chin strap of the helmet fastened securely while the Motorized
Personal Transportation Device is in motion or operation.
D. Lighting Required.
1. All Motorized Personal Transportation Devices, when in use on any
street, alley, or other public area shall be equipped with a functioning lamp on the front
that shall emit a white light visible from a distance of at least five hundred (500) feet to
the front.
2. All Motorized Personal Transportation Devices, when in use on any
street, alley or other public area shall be equipped with a functioning red reflector on the
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rear of the Motorized Personal Transportation Device, of a type approved by the
Washington state patrol; that is visible from all distances up to six hundred (600) feet to
the rear when directly in front of lawful lower beams of the head lamps on a motor
vehicle. A lamp that emits a red light visible from a distance of five hundred(500) feet to
the rear may be used in addition to the red reflector. A light-emitting diode (LED)
flashing tail light that is visible from a distance of five hundred (500) feet to the rear may
likewise be used in addition to the red reflector.
3. All Motorized Personal Transportation Devices in operation on a street
shall be equipped with a stop lamp or lamps on the rear of the Motorized Personal
Transportation Device which shall display a red or amber light, or any shade of color
between red and amber, visible from a distance of not less than three (300) hundred feet
to the rear in normal sunlight:, and which shall be actuated upon application of a service
brake.
C. Muffler Required. Motorized Personal Transportation Devices powered by an
internal combustion engine shall have a properly functioning engine muffler attached and
constantly operational during use of the Motorized Personal Transportation Device to
prevent a Noise Nuisance as prohibited by Spokane Valley Municipal Code 7.05.040(0).
The use of a cutout, bypass, or similar muffler elimination device is prohibited on all
Motorized Personal Transportation Devices that are powered by an internal combustion
engine.
F. Brake Required. Motorized Personal Transportation Devices shall be equipped
with a rear brake which, when applied, enables the operator to make the braked wheels)
skid on dry, level, clean pavement.
G. Modifications Prohibited. Motorized Personal Transportation Devices operated
within the City of Spokane Valley shall not be modified or enhanced in design or
construction from the specifications as provided by the manufacturer or as otherwise
required by Spokane Valley Code provisions or the Revised Code of Washington.
7.35.040 Prohibited areas.
A. Parks. Motorized Personal Transportation Devices are prohibited from all city
parks pursuant to Spokane Valley Municipal Code 6.05.070(0). Violations of this
restriction are subject to the specific penalties set forth in Spokane Valley Municipal
Code 6.05.090—6.05.100.
B. Sidewalks. It is unlawful for any person to operate or ride a Motorized Personal
Transportation Device on any sidewalk within the City of Spokane Valley city limits.
C. Public Trails. It is unlawful for any person to operate or ride a Motorized
Personal Transportation Device on any public trails, including the Centennial Trail,
within the City of Spokane Valley city limits.
D. Certain Streets. it is unlawful for any person to operate or ride a Motorized
Personal Transportation Device on any street with a speed limit greater than 25 miles per
hour.
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7.35.050 Applicability of other traffic laws.
The following criminal traffic laws shall apply to the operation of Motorized Personal
Transportation Devices within the City of Spokane Valley:
A. Negligent Driving– First Degree–RCW 46.6 1.5249, as adopted by reference in
WAC 308-330-425, as adopted or hereafter amended, and kept on file in the City Clerk's
office, and pursuant to Spokane Valley Municipal Code Chapter 9.05.
13. Negligent Driving– Second Degree – RCW 46.61.525, as adopted by reference
in WAC 308-330-425, as adopted or hereafter amended, and kept on file in the City
Clerk's office, and pursuant to Spokane Valley Municipal Code Chapter 9.05.
C. Reckless Driving –RCW 46.61.500, as adopted by reference in WAC 308-330-
425, as adopted or hereafter amended, and kept on file in the City Clerk's office, and
pursuant to Spokane Valley Municipal Code Chapter 9.05.
D. Driving Under the Influence–RCW 46.61.502, as adopted by reference in WAC
308-330-425, as adopted or hereafter amended, and kept on file in the City Clerk's office,
and pursuant to Spokane Valley Municipal Code Chapter 9.05.
E. Driver Under 21 Consuming Alcohol– RCW 46.61.503, as adopted by reference
in WAC 308-330-425, as adopted or hereafter amended, and kept on file in the City
Clerk's office, and pursuant to Spokane Valley Municipal Code Chapter 9.05.
7.35.060 Dealer notice required.
All persons and/or establishments in the City of Spokane Valley involved in the retail
sale or lease of Motorized Personal Transportation Devices shall provide to each
purchaser of said Motorized Personal Transportation Device, written notice of the
regulations, restrictions, and requirements of the City of Spokane Valley Municipal Code
Section 7.35 prior to completing the sale or lease of said Motorized Personal
Transportation Device.
7.35.070 Violation—Penalty.
Any person violating any provision of this chapter, except for Spokane Valley Municipal
Code 7.35.040(B), shall he deemed to have committed a Class 3 traffic infraction.
However, conduct that constitutes a violation of a rule of the road, or constitutes a
criminal traffic offense, may also be charged as such and is subject to the maximum
penalties allowed for such an offense or offenses.
A violation of this chapter for a minor under the age of 16 shall result in a referral to the
Spokane County juvenile justice system for resolution.
Section 3. Severability.
If any section, 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 shall not affect
the validity or constitutionality of any other section, sentence, clause, phrase,or word of this ordinance.
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Section 4. Effective date. This ordinance or a summary thereof shall be published in the official
newspaper of the City, and shall be in full force and effect five (5) days after passage and publication as
provided by law.
PASSED by the City Council this le day of November, 2004.
Mayor, Michael DeVlet ing
ATTEST:
City Clerk, Christine Bainbridge
Approved as to Form:
..1r //
eput City A firr, Cary P. Driskell
Date of Publication: _/ -Qz
Effective Date: / Q/
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