HomeMy WebLinkAbout4915 ORDINANCE NO. ~q/,~
AN OP,~INANCE of the City Council of the City of
Bremerton, Washington, creating a new chapter of the Bremerton
Municipal Code to regulate the use of motorized wheeled
transportation devices within the City by establishing a minimum
age requirement for operators, prohibiting use of motorized
wheeled transportation devices on sidewalks and in parks,
regulating use of motorized wheeled transportation devices on
streets, requiring operators to wear helmets and operate such
vehicles safely, amending the provisions of the public disturbance
noise regulations, and amending the Park code relating to
motorized wheeled transportation devices in City parks.
WHEREAS, Revised Code of Washington (RCW) 46.61.710 has authorized use
of motorized foot scooters upon the highways of the state but allowed for local jurisdictions to
limit or otherwise regulate the use of such vehicles; and
WHEREAS, citizens of Bremerton have expressed confusion over where and in
what manner motorized foot scooters and other motorized wheeled transportation devices may
lawfully be operated; and
WHEREAS, unregulated operation of motorized wheeled transportation devices
upon the City's streets and sidewalks increases risk of accidental injury to the operators of the
motorized wheeled transportation devices and injury to 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 within the City, which is contrary to the City's stated policy
goals; and
WHEREAS, restricting the use of motorized vehicular traffic on sidewalks will
improve the cultural, aesthetic, and financial health of the City; and
WHEREAS, RCW 46.61.710 does not establish a minimum age or training
requirements for operation of a motorized foot scooter or other motorized wheeled transportation
devices, thereby creating great risk of injury and/or property damage caused by untrained
operators and/or youthful operators who lack sufficient judgment to safely operate a motorized
vehicle upon public streets; and
WHEREAS, RCW 46.61.710 does not make use of helmets mandatory for
operators of motorized foot scooter and other motorized wheeled transportation devices,
although the risk of serious injury for operators who do not wear a helmet is clearly at least as
great as for bicyclists who do not wear a helmet, and the City has previously found this danger
great enough to require bicyclists to wear helmets; NOW THEREFORE
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Motorized Wheeled Transportation Devices
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION L A new chapter, Chapter 10.13, entitled "Motorized Wheeled
Transportation Devices" is hereby added to the Bremerton Municipal Code to read as follows:
Chapter 10.13
MOTORIZED WHEELED TRANSPORTATION DEVICES
10.13.010 DEFINITIONS.
The following words and phrases when used in this chapter shall, for the purpose of this
chapter, have the meanings respectively ascribed to them in this section:
(a) "Motorized wheeled transportation device" shall mean any device which is not
required to be licensed pursuant to RCW 46.16.010 and, is propelled by an electric motor or
liquid fuel engine, and is intended to transport a person on or across land. A motorized wheeled
transportation device shall include, but shall not be limited to, a "motorized foot scooter" as that
term is defined in RCW 46.04.336 and any electfic or gas powered scooter, powered board,
motor powered skateboard, or other similar motorized wheeled device, regardless of the manner
in which the device is designed; provided, that a motorized wheeled transportation device shall
not include any motorized wheeled device defined as follows:
Electric-assisted bicycle - RCW 46.04.169
Electric personal assistive mobility device - RCW 46.04.1695
Motorcycle - RCW 46.04.330
Moped - RCW 46.04.304
Motor-driven cycle - RCW 46.04.332
Power wheelchair - RCW 46.04.415
Wheelchair conveyance - RCW 46.04.710
Motorized wheeled transportation device does not include any vehicle that is prohibited
by state law from being operated or used in or upon a street or sidewalk.
(b) "Park" means and includes all city parks, public squares, park drives, parkways,
boulevards, golf courses, and play and recreation grounds under the jurisdiction of the city of
Bremerton parks and recreation department.
(c) "Public place" means and includes publicly owned, leased or operated parking lots or
publicly owned, leased or operated real property, and any public places appropriated to the
public for public use, whether improved or unimproved.
(d) "Right-of-way" shall mean the entire width between the boundary lines of every way
publicly maintained when any part thereof is open to the use of the public for purposes of
vehicular travel and including the sidewalks and shoulder areas.
(e) "Sidewalk" means that portion of a fight-of-way that excludes the street but includes
the sidewalk and shoulder area, whether improved or unimproved.
(f) "Street" means that portion of any right-of-way including any highway, avenue, lane,
road, street, drive, place, boulevard, alley, and every way or place in the City of Bremerton open
as a matter of right to public vehicular travel.
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Motorized Wheeled Transportation Devices
10.13.020 DUTY TO OBEY TRAFFIC-CONTROL DEVICES AND RULES
OF THE ROAD.
Except as provided in this chapter, every person operating a motorized wheeled
transportation device upon a street shall have the same rights and duties as operators of bicycles.
10.13.030 NEGLIGENT OPERATION - PROHIBITED.
The negligent operation of a motorized wheeled transportation device on any street shall
be prohibited. For the purposes of this section, the term "negligent" shall mean the failure to
exercise ordinary care, and is the doing of some act that a reasonably careful person would not
do under the same or similar circumstances or the failure to do something that a reasonably
careful person would do under the same or similar circumstances.
10.13.040 PROHIBITED AREAS.
The operation or use of motorized wheeled transportation devices shall not be permitted,
regardless of the age of the operator, in or upon the following areas:
(a) Sidewalks while under power, however, motorized wheeled transportation devices
are permitted in or upon public sidewalks under manual power. Manual power means that the
drive wheel is disengaged from and not propelled by the electric or liquid fuel power source (in
neutral) and that the liquid fuel source (combustion engine) is turned off.
(b) Improved or natural surface recreational trails or pathways.
(c) Parks.
(d) Public places.
(e) Streets with a maximum speed limit in excess of twenty-five (25) miles per hour.
10.13.050 PARENTAL RESPONSIBILITY.
A parent or guardian who has custody of any child or ward under the age of eighteen (18)
shall not authorize or knowingly permit any such child or ward to violate any of the provisions of
this section.
10.13.060 MINIMUM AGE AND HOURS OF OPERATION.
(a) No motorized wheeled transportation device shall be operated on any street unless
the operator is at least fourteen (14) years of age.
(b) A motorized wheeled transportation device shall not be operated on any street
between the hours of 9:00 p.m. and 7:00 a.m.
10.13.070 HELMET, REFLECTORS, LIGHTS.
The following equipment shall be required whenever a motorized wheeled transportation
device is operated on any street within the city:
(a) Helmet required. Any person operating or riding upon any motorized wheeled
transportation device shall, at all times, wear a "motorcycle helmet" as that term is defined in
RCW 46.37.530 or an approved bicycle helmet certified by the United States Consumer Product
Safety Commission (CPSC), the American National Standards Institute (ANSI), or the Snell
foundation, and such helmet shall be worn on the head and shall have the chin strap fastened
securely while the motorized wheeled transportation device is in motion.
(b) Lights and Reflectors Required. Every motorized wheeled transportation device
when in use during the "hours of darkness" as defined in RCW 46.04.200 shall be equipped with
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Motorized Wheeled Transportation Devices
a lamp on the front which shall emit a white light visible from a distance of at least five hundred
(500) feet to the front and with a red reflector or light on the rear of the motorized wheeled
transportation device visible from a distance of up to five hundred (500) feet from the rear of the
device.
10.13.080 BRAKES REQUIRED.
Motorized wheeled transportation devices shall be equipped with brakes that will enable
the operator to make the braked wheels skid on dry, level, clean pavement.
10.13.090 NOISE.
(a) The operation of a motorized wheeled transportation device shall be subject to the
provisions of BMC 6.32.110 entitled "Public Disturbance Noises."
(b) No motorized wheeled transportation device powered by a liquid fuel motor shall
be operated unless such device is equipped with a properly working muffler that is designed to
reduce the noise produced by the device.
10.13.100 NO MORE THAN ONE PERSON PERMITTED - TOWING OR
PULLING PROHIBITED.
(a) No more than one person shall operate or ride upon a motorized wheeled
transportation device at the same time. In the event that more than one person operates or rides
upon a device at the same time, each person operating or riding the device shall be in violation of
this section.
(b) No person operating a motorized wheeled transportation device shall tow or pull
another person behind such device. In the event that a person is towed or pulled behind a
motorized wheeled transportation device, the person operating the motorized wheeled
transportation device and the person being towed or pulled shall each be in violation of this
section.
10.13.110 VIOLATION - PENALTY.
(a) Any person violating any provision of this chapter shall be guilty of a civil
infraction and shall be punished by the imposition of a monetary penalty of not more than $150,
exclusive of statutory assessments, provided, conduct that constitutes a criminal offense may be
charged as such and is subject to the maximum penalties allowed for such offenses. Community
service hours may be imposed in lieu of a monetary penalty.
(b) Bremerton Municipal Court - Jurisdiction. The Bremerton Municipal Court shall
haYe jursidiction to adjudicate, in accordance with applicable laws, any violation of this chapter;
provided that in the event jurisdiction over a juvenile lies with another court, that other court
shall have jurisdiction to adjudicte the offense.
SECTION 2. Section 6.32.010(f') relating to noise level definitions of the
Bremerton Municipal Code is hereby amended to read as follows:
"Motor vehicle" means any vehicle which is self-propelled, used primarily for
transporting persons or property upon public hi,ways, and required to be licensed under RCW
46.16.010 or a motorized transportation device as defined in BMC 10.13.010. (Aircraft,
watercraft, and vehicles used on rails or tracks are not motor vehicles as that term is used herein).
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Motorized Wheeled Transportation Devices
SECTION3. Section 13.04.100 entitled "Riding Motor Vehicles, Non-
Motorized Vehicles and Horses" of the Bremerton Municipal Code is hereby amended to read as
follows:
13.04.100 RIDING MOTOR VEHICLES, NON-MOTORIZED VEHICLES
AND HORSES
DELETE
(a) It is unlawful to ride or drive any bicycle, tricycle, skateboard, · ....... j ....... otor
~qd~x-, horse or pony over or through any park except a!eng within and upon the park drives,
parkway, park boulevards and bicycle paths designated for such use, or at a speed in excess of
fifteen miles per hour, except as otherwise authorized by the Director of Parks and Recreation.
(b) It is unlawful to park, ride or drive an,/motorc,/cle or motor vehicle upon, over or
through an,/park except within and upon park drives, parkways, park boulevards, rights-of-wa,/
or parking lots located within a park and designated for such use, except as otherwise authorized
by the Director of Parks and Recreation.
SECTION& Severabilitv. If any one or more sections, subsections, or
sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this ordinance and the same shall remain in full
force and effect.
SECTION 5. Effective Date. This ordinance shall take effect and be in force ten
(10) days from and after its passage, approval and publication as provided by law.
APPROVED by the City Council the~:i~.~_ day of ('~.~_j-4.~ ,2004
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PASSED by the City Council the~2~ day of (/~,jt'-~-~t~ ,2004
DA~REN NYGREN, Cc~n~'il President
Approved this ~_.4,~ day o f_ ~l-t ~.o,,.-~ ~ttJ.~ ,~004~
CARY BOZEMAN, Mayor
ATTES-T'~ ,~,~ A.P.P-P. OVFEA:I..AS TO FORM:
'I~9~JLA Jo~SYos, City Clerk{,.~ . ,-1;~)GER A. LUBOV~
PUBLISHED the<~{_~ day of {/.L~.4*~t.~J ,2004
EFFECTIVE theJ~,..~ day of '~,-~.~.,,~ ,2004
OPOr ANCE
R:~LEGAL\Ordinances~Police~BMC Motorized foot scooters.doc
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Motorized Wheeled Transportation Devices
AFFIDAVIT OF PUBLICATION
No. Ad # 100129007
STATE OF WASHINGTON
COUNTY OF KITSAP
I, Christine Nelson, being first duly sworn on oath, deposes and says: That she is now, and at all times
embraced in the publication herein mentioned was the principal clerk of the printers and publishers of THE
SUN; that said newspaper has been approved as a legal newspaper by order of the Superior Court of the
County of Kitsap, in which County it is published and is now and has been for more than six months prior
to the date of the publication hereinafter referred to, published in the English language continually as a
daily newspaper in Bremerton, Kitsap County, Washington, and is now and during ail of said time, was
printed in an office maintained in the aforesaid place of publication of said newspaper; November 2", 2004
and that such newspaper was regularly distributed to its subscribers during ail of said period. That the full
amount of the fee charged for the foregoing publication is the sum of $43.24 which amount has not been
paid in full.
,,,,'.", E
'-~":~. ~.:" ..... ~."r/r-,.:/~ (Signature of Principal Clerk)
Subscribed and sJ~orn toqSe~f~ ~e this day of November 5®, 2004. =r.r~: ~'qY4,~O08 . -*
v~, .. ..-;.~ ,-
'l O" ..... x,.7 .>
AN ORDINANCE of the City Council of the City of Bremerton, Washington, creating a new chapter of the
Bremerton Municipal Code to regulate the use of motorized wheeled transportation devices within the City
by establishing a minimum age requirement for operators, prohibiting use of motorized wheeled
transportation devices on sidewalks and in parks, regulating use of motorized wheeled transportation
devices on streets, requiring operators to wear helmets and operate such vehicles safely, amending the
provisions for the public disturbance noise regulations, and amending the Park code relating to motorized
wheeled transportation devices in City parks.-
APPROVED by the City Council the 20th day of October, 2004.-
PASSED by the City Council the 27th day of October, 20042
November 2, 2004°°#100129007-