Ordinance 35210006.900000
WSS /gjz
9/22/04
ORDINANCE NO. 3521
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, ENACTING A NEW CHAPTER 8.36
MOTORIZED FOOT SCOOTERS, DIRECTING A THIRTY -
DAY IMPLEMENTATION PERIOD, PROVIDING FOR
SEVERABILITY, REQUESTING ACTION BY THE STATE
LEGISLATURE, AND FIXING A TIME WHEN THE SAME
SHALL BECOME EFFECTIVE.
WHEREAS, the City Council makes the following findings regarding the current
unregulated use of motorized foot scooters within the City limits; and
WHEREAS, use of motorized foot scooters has become an increasingly popular
mode of transportation and recreation; and
WHEREAS, unregulated operation of motorized foot scooters upon the City's
streets, trails, and sidewalks increases the risk of accidental injury to motor scooter operators and
other vehicular or pedestrian traffic and/or damage to property; and
WHEREAS, shared use of sidewalks by pedestrian 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 with the City; and
WHEREAS, the City has received numerous complaints about noise caused by
the engines of motorized foot scooters; and
WHEREAS, the City has also received a numerous number of complaints about
the manner of operation of motorized foot scooters; and
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WHEREAS, the vast majority of such complaints relate to the operation of
motorized foot scooters by those perceived to be under the age of sixteen; and
WHEREAS, RCW 46.61.710 permits motorized foot scooters to operate on
multipurpose trails, or in bicycle lanes; and
WHEREAS, the State Legislature also authorized local jurisdictions to restrict or
limit access of motorized foot scooters; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. A new Chapter 8.36 entitled "Motorized Foot Scooters" is hereby
added to the Edmonds City Code to read as follows:
Chapter 8.36
Motorized Foot Scooters
8.36.010 Motorized foot scooters.
8.36.020 Seizure and forfeiture
8.36.030 Penalty.
8.36.010 Motorized foot scooters.
A. Definition. "Motorized foot scooter" means a device with
no more than two ten -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.
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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 sixteen 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 Nationals Standard 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 paragraph M.
below.]
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 ECC 5.30.130 entitled "Public
disturbance noises — Restriction. ".
1. 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 sixteen (16) shall through negligence or
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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 sixteen (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 one hundred yard segment of a City street
or right of way more than one (1) time in the same direction in any
one hour period..
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.
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.
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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 ordinance for one year, no fine will be imposed.
Section 2. The Mayor and Chief of Police are requested, for a period of thirty
days following the effective date of this ordinance, to provide information and counseling to first
time offenders in lieu of charging. Nothing herein shall be interpreted to prevent the charging of
repeat offenders on those whose actions, in the sole discretion of the charging officer, pose a
significant risk of harm to themselves or others.
Section 3. The City Council hereby directs and requests the Mayor and its
Council President to contact the Association of Washington Cities (AWC) and the members of
the Washington State Legislature to express the concern of the City Council regarding the
legislature's failure to regulate motorized foot scooters in the same manner in which it has
regulated every other form of motorized vehicle which routinely utilizes city streets and public
highways. The proliferation of motorized foot scooters, particularly among those under the age
of sixteen, creates a hazard to both the operators and the pedestrians, creates a noise which
degrades the residential environment and has created a public nuisance for the citizens of
Edmonds. The Council requests AWC and the state legislature to bring the administrative
structure of the state, and particularly the state's expertise in the registration and regulation, to
bear on this increasingly dangerous situation.
Section 4. Severability. If any section, sentence, clause or phrase 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 or phrase of this ordinance.
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Section 5. Effective Date. This ordinance, being an exercise of a power specifi-
cally delegated to the City legislative body, is not subject to referendum, and shall take effect
five (5) days after passage and publication of an approved summary thereof consisting of the
title.
APPROVED:
mAY,6R G AV HAAKENSON ,
ATTEST /AUTHENTIC/A�TED:
/
CITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF C Y AT RNEY:
BY
W. SCOTT SNYDER
FILED WITH THE CITY CLERK: 10/22/2004
PASSED BY THE CITY COUNCIL: 10/26/2004
PUBLISHED: 10/31/2004
EFFECTIVE DATE: 11/05/2004
ORDINANCE NO. 3521
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SUMMARY OF ORDINANCE NO. 3521
of the City of Edmonds, Washington
On the 26th day of October, 2004, the City Council of the City of Edmonds,
passed Ordinance No.3521. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ENACTING A NEW
CHAPTER 8.36 MOTORIZED FOOT SCOOTERS, DIRECTING A THIRTY -DAY
IMPLEMENTATION PERIOD, PROVIDING FOR SEVERABILITY, REQUESTING
ACTION BY THE STATE LEGISLATURE, AND FIXING A TIME WHEN THE SAME
SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 27th day of October, 2004.
CITY CLERK, SANDRA S. CHASE
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Pagel of 2
RCW 46.61.710
Mopeds, EPAMDs, electric- assisted bicycles, motorized foot scooters -- General requirements and
operation.
(1) No person shall operate a moped upon the highways of this state unless the moped has been assigned
a moped registration number and displays a moped permit in accordance with the provisions of RCW
46.16.630.
(2) Notwithstanding any other provision of law, a moped may not be operated on a bicycle path or
trail, bikeway, equestrian trail, or hiking or recreational trail.
(3) Operation of a moped, electric personal assistive mobility device, or an electric- assisted bicycle
on a fully controlled limited access highway is unlawful. Operation of a moped or an electric- assisted
bicycle on a sidewalk is unlawful.
(4) Removal of any muffling device or pollution control device from a moped is unlawful.
(5) Subsections (1), (2), and (4) of this section do not apply to electric- assisted bicycles. Electric -
assisted bicycles and motorized foot scooters may have access to highways of the state to the same
extent as bicycles. Subject to subsection (6) of this section, electric - assisted bicycles and motorized foot
scooters may be operated on a multipurpose trail or bicycle lane, but local jurisdictions may restrict or
otherwise limit the access of electric- assisted bicycles and motorized foot scooters, and state agencies
may regulate the use of motorized foot scooters on facilities and properties under their jurisdiction and
control.
(6) Subsections (1) and (4) of this section do not apply to motorized foot scooters. Subsection (2) of
this section applies to motorized foot scooters when the bicycle path, trail, bikeway, equestrian trail, or
hiking or recreational trail was built or is maintained with federal highway transportation funds.
Additionally, any new trail or bicycle path or readily identifiable existing trail or bicycle path not built
or maintained with federal highway transportation funds may be used by persons operating motorized
foot scooters only when appropriately signed.
(7) A person operating an electric personal assistive mobility device (EPAMD) shall obey all speed
limits and shall yield the right -of -way to pedestrians and human- powered devices at all times. An
operator must also give an audible signal before overtaking and passing a pedestrian. Except for the
limitations of this subsection, persons operating an EPAMD have all the rights and duties of a
pedestrian.
(8) The use of an EPAMD may be regulated in the following circumstances:
(a) A municipality and the department of transportation may prohibit the operation of an EPAMD on
public highways within their respective jurisdictions where the speed limit is greater than twenty -five
miles per hour;
(b) A municipality may restrict the speed of an EPAMD in locations with congested pedestrian or
nonmotorized traffic and where there is significant speed differential between pedestrians or
nonmotorized traffic and EPAMD operators. The areas in this subsection must be designated by the city
engineer or designee of the municipality. Municipalities shall not restrict the speed of an EPAMD in the
entire community or in areas in which there is infrequent pedestrian traffic;
(c) A state agency or local government may regulate the operation of an EPAMD within the
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boundaries of any area used for recreation, open space, habitat, trails, or conservation purposes.
[2003 c 353 § 10; 2002 c 247 § 7; 1997 c 328 § 5; 1979 ex.s. c 213 § 8.]
NOTES:
Effective date -- 2003 c 353: See note following RCW 46.04.320.
Legislative review -- 2002 c 247: See note following RCW 46.04.1695.
Adopted by Reference
Ordinance #3S�_ on
City Clerk
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Affidavit of Publication
STATE OF WASHINGTON, } S.S.
COUNTY OF SNOHOMISH
SUMMARY OF ORDINANCE NO. 3521 —
The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk
e fly o mon s, as ington
%th day of October, 2004, the Cittyy Council of the
nonds,
of THE HERALD, a daily newspaper printed and published in the City of Everett, County of
Snohomish, State Washington; that is
passed Ordinance No. 352i. A summary of
t of said ordinance, consisting of the title,
and of said newspaper a newspaper of general
provides
circulation in said County and State; that said newspaper has been approved as a legal
IANCE OF THE CITY OF EDMONDS, WASHING-
ICTING A NEW CHAPTER 8.36 MOTORIZED
'OOTERS
newspaper by order of the Superior Court of Snohomish County and that the notice
DIRECTING A THIRTY- ZA97MPr5=
W7TAft, PROVIDING FOR SEVER ABILITY,
Summary of Ordinance No. 3521
ING ACTION BY THE crnTC i
JEFFERFVE. ""- "' —" "" —VIC OMALL UtUVMt City of Edmonds
Th$ text of thi s Ordinance will be mailed upon request.
this 27th day of October, 2004.
CITY CLERK, SANDRA S. CHASE
Pub shed: October 31, 2004.
a printed copy of which is hereunto attached, was published in said newspaper proper and not
in supplement form, in the regular and entire edition of said paper on the following days and
times, namely:
October 31, 2004
and that said newspaper was regularly distributed to its subscribers during all of said period.
Subscribed and sworn to before me this
day of November, 2004
Notary Public in
County.
1st
U
residing at Everett, S loho ish `� R� y C
9.�) C
2Q08
Account Name: City of Edmonds Account Number. 101416 Order Number. 0001227432