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AGENDA BILL APPROVAL FORM
Agenda Subject: Date:
Ordinance No. 5900 March 17,2005
Department: I Attachments: Budget Impact:
Lenal Ordinance No. 5900
Administrative Recommendation:
City Council introduce and adopt Ordinance No. 5900,
Background Summary:
The City adopted, through Ordinance numbers 5844 and 5859, provision in the City Code that address
motorized foot scooters, including restrictions on their use, requirements for their use, etc. However, not
necessarily covered by those regulations certain businesses have been selling smaller devices that fall
outside the definitions of motorized foot scooters and fall outside the definitions of other vehicles that are
currently provided for either in city ordinance or in state law. These items, including things like motorized
skateboards and what are colloquially described as "pocket bikes", do not fall within the current
regulations of the City ordinances. Because of the small size of these devices and their danger, if
commingled with motor vehicles and other larger, often faster vehicles, it is appropriate that these types
of vehicles be prohibited from operating on city streets. The proposed ordinance prohibits the use of such
vehicles/devices from city streets, although they may still be used on private property, unaffected by the
proposed ordinance, By way of definition, these devices described as motorized personal transportation
devices are distinguished from motorized foot scooters, specifically provided for in City Ordinance and in
state law and are distinguished, as well, from motorized vehicles that are licensed, and that required an
operator's license, pursuant to state law.
01.8
RevIewed by Council & Committees: i Reviewed by Departments & Divisions:
o Arts Commission COUNCIL COMMITTEES: o Building o M&O
o Airport o Finance o Cemetery o Mayor
o Hearing Examiner IS] Municipal Servo o Finance o Parks
D Human Services o Planning & CD o Fire o Planning
o Park Board OPublic Works IS] Legal IS] Police
o Planning Comm. o Other o Public Works D Human Resources
o Information Services
Action:
Committee Approval: DYes ONo
Council Approval: DYes DNa Call for Public Hearing _/~-
Referred to Until 1 1
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Tabled Until _1_1-
Councilmember: Cerino T Staff: Heid
Meetina Date: March 21, 2005 I Item Number: VIII.A.1
AUBURN * MORE THAN YOU IMAGINED
ORDINANCE NO.5 9 0 0
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, AMENDING CHAPTER
10.54 OF THE AUBURN CITY CODE RELATING TO
MOTORIZED FOOT SCOOTERS AND SIMILAR DEVICES
WHEREAS, Section 46.61.710 of the Revised Code of Washington
(RCW) 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, the City Council adopted Ordinance Number 5844, creating a
new chapter 10.54 of the Auburn City Code relating to motorized foot scooters,
and similar devices and the City Council adopted Ordinance Number 5859
amending sections 10.54.010 and 10.54.050 of the Auburn City Code; and
WHEREAS, there are other non-licensed motorized devices and vehicles
that do not require an operator's license to use, being marketed in the Auburn
community, such as those colloquially known as "pocket bikes," that are not
currently covered by the provisions of Chapter 10.54 of the Auburn City Code;
and
WHEREAS, if these devices are used on public rights-of-way, they pose
safety concerns because of their size, usage and relative speeds, so that it is
appropriate that their use be prohibited on public rights-of-way, with such
violations being civil infractions.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. AMENDMENT TO CITY CODE. That Chapter 10.54 of the
Aubum City Code is hereby amended to read as follows:
Chapter 10.54
MOTORIZED FOOT SCOOTERS
AND SIMILAR DEVICES
Sections:
10.54.010
10.54.020
10.54.030
10.54.040
Motorized foot ÐGootor:devices defined.
Duty to obey traffic-control devices and rules of the road.
Certain uses prohibited.
Prohibited areas.
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Ordinance No. 5900
March 8, 2005
Page 1 of 5
10.54.050
10.54.060
Requirements for operating motorized foot scooters.
Violations - Penalty.
10.54.010 Motorized foot scootordevices defined.
A. "Motorized foot scooter" is defined as a device with two or more
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 or
electric motor that is capable of propelling the device with or without human
propulsion. It is provided, however, that the regulations of this chapter shall not
apply to any vehicle used by a disabled person as defined by RCW 46.16.381.
B "Motorized personal transportation device" is defined to mean and
include motorized skateboards. "pocket bikes" and all other similar devices.
C. For the purposes of this section, motorized personal transportation
devices and motorized foot scooters are not-a motor-driven cycle~, a-moped~, af\
electric-assisted bicycle~, ~md nor motorcycle~, as defined in state law, oro not
motorizod foot scootors, nor are they any other vehicles for which the State
Department of Licensinq requires certificates of ownership. certificates of license
reqistration, vehicle licenses or vehicle license plates, and for which the State
Department of Licensinq requires the operators to have vehicle operator's
licenses, as provided by Title 46. RCW. For the purposes of this section.
motorized personal transportation devices and motorized foot scooters are also
not motorized wheelchairs used by persons of disability, as defined in RCW
77.08.010. Further, for the purposes of this section, motorized personal
transportation devices are not motorized foot scooters. as defined herein. (Ord.
5859 § 1,2004; Ord. 5844§ 1, 2004.)
10.54.020 Duty of motorized foot scooter operators to obey traffic-control devices
and rules of the road.
A. Any person operating. a motorized foot scooter, or similar dovico
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. (Ord. 5844 § 1, 2004.)
10.54.030 Certain uses prohibited.
A. No motorized foot scooter, motorized personal transportation
device 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
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Ordinance No. 5900
March 8, 2005
Page 2 of 5
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, motorized personal transportation
device 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 attached 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, motorized personal transportation
device or similar device shall be operated between the time of sunset to sunrise.
D. No motorized foot scooter, motorized personal transportation
device or similar device shall be operated with any passengers in addition to the
operator.
E. No motorized foot scooter, motorized personal transportation
device or similar device shall be operated without the operator wearing a properly
fitted and fastened helmet, that meets or exceeds safety standards adopted by
Standard Z-90.4 set by the American National Standards Institute (ANSI).
F. It is unlawful for any person to operate or ride a motorized personal
transportation device, as defined in this Chapter. on any public riqht-of-way within
the City. (Ord. 5844 § 1,2004.)
10.54.040 Prohibited areas for motorized foot scooters.
It is unlawful for any person to operate or ride upon a motorized foot
scooter or similar dO'lice 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 district 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.
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Ordinance No. 5900
March 8, 2005
Page 3 of 5
C. Sidewalks.
D. Streets with a maximum speed limit above 25 miles per hour. (Ord.
5844 § 1, 2004.)
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 public streets, rights-of-way 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. (Ord. 5859 § 2,
2004; Ord. 5844 § 1,2004.)
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. (Ord. 5844 § 1, 2004.)
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
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Ordinance No. 5900
March 8, 2005
Page 4 of 5
irrespective of the fact that anyone or more section, subsection, clause, phrase,
or sentence, be declared invalid or unconstitutional.
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.
Attest:
Danielle E. Daskam,
City Clerk
PUBLISHED:
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Ordinance No. 5900
March 8, 2005
Page 5 of 5
INTRODUCED:
PASSED:
APPROVED:
PETER B. LEWIS
MAYOR