HomeMy WebLinkAboutItem VIII-A-3WASHINGTON
AGENDA BILL APPROVAL FORM
Agenda Subiect Date:
Ordinance No. 5844 June 2, 2004
Department: Legal Attachments: Ordinance No. 5844 Budget Impact:
Administrative Recommendation:
City Council introduce and adopt Ordinance No. 5844.
Background Summary:
There has recently been a proliferation in the development and use of motorized scooters, not only in
Auburn but in many areas of this State and across the whole country. Many of these motorized foot
scooters are electronic and many are powered with gasoline engines. However, with the advent of these
new devices, it is appropriate that jurisdictions responsible for public safety take steps to address the
issues specific to their use. In that regard, State law has recently provided some guidelines for the use of
motorized foot scooters. However, State law likewise vests in the cities and counties of the State
authority to address more specific regulations (re: access & use), to meet the individual needs of the
cities and counties. The City, through the City Council Municipal Services Committee, has had an
opportunity to study not only the particulars of the motorized foot scooters themselves, but also an
opportunity to review Ordinances from other jurisdictions and to evaluate strategies on how the concerns
involving their use could be addressed. The proposed Ordinance seeks to limit the use of motorized foot
scooters in the City of Auburn to drivers over the age of 16 and limits the time during which these devices
may be used to daylight hours (prohibiting their use between the time of sunset to sunrise). The
proposed Ordinance also requires the operator to wear a properly fitted approved helmet, and prohibits
use of these devices on sidewalks or on streets with a maximum speed limit above 25 mph. It also
prohibits passengers. Furthermore, the proposed Ordinance requires these scooters have certain items
of equipment, including mufflers, and it requires, as well, that operators comply with the City's noise
Ordinance.
A0607-1
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Reviewed by Council & Committees: Reviewed by Departments & Divisions:
[] Arts Commission COUNCIL COMMITTEES: [] Building [] M&O
[] Airport [] Finance [] Cemetery [] Mayor
[] Hearing Examiner [] Municipal Serv. [] Finance [] Parks
[] Human Services [] Planning & CD [] Fire [] Planning
[] Park Board []Public Works [] Legal [] Police
[] Planning Comm. [] Other [] Public Works [] Human Resources
Action:
Committee Approval: []Yes []No
Council Approval: []Yes []No Call for Public Hearing /
Referred to Until / /
Tabled Until / /
Councilmember: Cerino Staff: Heid
Meeting Date: June 7, 2004 Item Number: VlII.A.3
AUBURN * THAN YOU IMAGINED
ORDINANCE NO. 5 8 4 4
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, CREATING A NEW
CHAPTER 10.54 OF THE AUBURN CITY CODE
RELATING TO MOTORIZED FOOT SCOOTERS, AND
SIMILAR DEVICES
WHEREAS, Section 46.61.710 of the Revisbd Code of Washington
(RCW) has authorized use of motorized foot scootem 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 Auburn have expressed confusion over where and
in what manner motorized foot scooters may lawfully be operated; 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 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 usem 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 therefore mixed use by
motorized and nonmotorized traffic on sidewalks should be limited as rnuch as is
practical; and
WHEREAS, RCW 46.61.710 does not establish minimum age or training
requirements for operation of a motorized foot scooter, which creates gmat risk
of injury and/or property damage caused by untrained operatom and/or youthful
operators who lack sufficient judgment to safely operate a motorized vehicle
upon public streets; and
Ordinance No. 5844
May 24, 2004
Page 1 of 5
WHEREAS, it would be appropriate for the City Code to address such
issue in its regulation of motorized foot scooters.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. NEW CHAPTER OF CITY CODE CREATED. That a new
Chapter 10.54 of the Auburn City Code is hereby created to read as follows:
Sections:
10.54.010
10.54.020
10.54.030
10.54.040
10.54.050
10.54.060
Chapter 10.54
MOTORIZED FOOT SCOOTERS
AND SIMILAR DEVICES
Motorized foot scooter defined.
Duty to obey traffic-control devices and rules of the road.
Certain uses prohibited.
Prohibited areas.
Requirements for operating motorized foot scooters.
Violations - Penalty.
10.54.010 Motorized foot scooter defined.
"Motorized foot scooter" is defined as a device with no more than two ten-
inch or smaller diameter wheels that has handlebars, is designed to b~~- 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.
10.54.020 Duty to obey traffic-control devices and rules of the road.
A. Any person operating a motorized foot scooter, or simillar device
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.
B. Additionally, it shall be unlawful to operate a motorized foot scooter
or similar device other than as close as practicable to the right-hand curb or right
edge of the roadway.
C. When preparing for a left turn, the operator shall stop and dismount
as close as practicable to the right-hand curb or right edge of the roadway and
complete the turn by crossing the roadway on foot, subject to the restrictions
placed on pedestrians in Chapter 46.61 RCW.
10.54.030 Certain uses prohibited.
Ordinance No. 5844
May 24, 2004
Page 2 of 5
A. No motorized foot scooter, or similar device shall be ridden or
operated in a negligent or unsafe manner but shall be operated with reasonable
regard for the safety of the operator and other persons. For the purposes hereof,
to operate in a negligent manner" means the operation of a motorized foot
scooter, or similar device 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, failure to
yield right-of-way to pedestrians and/or vehicular traffic.
B. No motorized foot scooter, or similar device shall be operated in a
manner that violates the City's noise ordinances (including but not limited to: (1)
The frequent, repetitive or continuous sounding of any horn or siren att,ached to a
motor vehicle, except as a warning of danger or as specifically permitted or
required by law; (2) The creation of frequent, repetitive or continuous sounds in
connection with the starting, operation, repair, rebuilding or testing of any motor
vehicle, motorcycle, off-highway vehicle or internal combustion engine within a
residential district, so as to unreasonably disturb or interfere with the peace and
comfort of owners or occupants of real property; and (3) The squealing,
screeching or other such sounds from motor vehicle tires in contact with the
ground or other roadway surface because of rapid acceleration, braking or
excessive speed around corners or because of such other reason; provided, that
sounds which result from actions which are necessary to avoid danger are
exempt, as prohibited by § 8.28.010 ACC - Noise control) or any other state or
local law.
C. No motorized foot scooter, or similar device shall be operated
between the time of sunset to sunrise.
D. No motorized foot scooter, or similar device shall be operated with
any passengers in addition to the operator.
E. No motorized foot scooter, or similar device shall be operated
without the operator wearing a properly fitted and fastened helmet, thai meets or
exceeds safety standards adopted by Standard Z-90.4 set by the American
National Standards Institute (ANSI).
10.54.040 Prohibited areas.
It is unlawful for any person to operate or ride upon a motorized foot
scooter or similar device in any of the following areas:
A. Central Business District - including upon any street, alley,
sidewalk, park or publicly owned parking lot in the central business disllrict of the
city of Auburn as described in Section 18.06.010(A)(11) of the Auburn-City Code
and as delineated in the map attached to the ordinance codified in this chapter,
marked as Exhibit "A" and incorporated herein by reference.
B. parks, including sidewalks, streets, paths, trails and similar travel
ways.
C. Sidewalks.
Ordinance No. 5844
May 24, 2004
Page 3 of 5
D. Streets with a maximum speed limit above 25 miles per hour.
10.54.050 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 by this chapter to motorized
foot scooters unless the operator is at least sixteen years of age. No operator's
license is required from the Department of Licensing to operate a motorized foot
scooter.
B. Required equipment. The following equipment shall be required
whenever a motorized foot scooter is operated on streets or other public property
within the city:
(1) Reflectors required. Pursuant to RCW 46.04(9), a motorized foot
scooter must be affixed with visible reflectors of a type approved by the
Washington State Patrol.
(2) No motorized foot scooter, or similar device shall be operated
without a muffler, as required by RCW 46.61.710.
(3) Handlebars must not exceed shoulders of the rider.
(4) Scooter must have a working brake that will enable the operator to
make a braked wheel skid on dry, level, clean pavement.
(5) Any other equipment required by state or local law.
10.54.060 Violation - Penalty.
Violation of the provisions of this chapter is an infraction, subject to
penalties in accordance with ACC 1.25.050.
Section 2. IMPLEMENTATION. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directives of this legislation.
Section 3. CONSTITUTIONALITY OR INVALIDITY. If any section,
subsection, clause, phrase, or sentence of this Ordinance, is for any reason held
to be invalid or unconstitutional, such invalidity or unconstitutionality of the
remaining portions of this ordinance, as it is being hereby expressly declared that
this ordinance and each section, subsection, clause, phrase, or sentence, hereof
would have been prepared, proposed, adopted, and approved and ratified
irrespective of the fact that any one or more section, subsection, clausE;, phrase,
or sentence, be declared invalid or unconstitutional,
Ordinance No. 5844
May 24, 2004
Page 4 of 5
Section 4. EFFECTIVE DATE. This ordinance shall take effect and be
in force five (5) days from and after its passage, approval, and publication, as
provided by law.
INTRODUCED:
PASSED:
APPROVED:
PETER B. LEWIS
MAYOR
Attest:
Danielle E. Daskam,
City Clerk
City Attorney
PUBLISHED:
Ordinance No. 5844
May 24, 2004
Page 5 of 5