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ORDINANCE NO.5 8 5 9
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, AMENDING SECTIONS
10.54.010 and 10.54.050 OF THE AUBURN CITY CODE
RELATING TO MOTORIZED FOOT SCOOTERS
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 recently adopted its Ordinance No. 5844,
adding a new Chapter 10.54 to the Auburn City Code, which Ordinance included
provisions seeking to assure that the operators of such devices would be aware
of and comply applicable traffic laws - choosing the requirement of either a
driver's license or a learner's (instructional) permit as a way to be sure that the
operators of such devices reasonably knew the traffic laws with which they were
responsible to comply; and
WHEREAS, because of concerns voiced by the City's legal department,
drawing into question uncertainty about the regulations requiring a driver's
license or a learner's (instructional) permit, it was proposed that the language
revert back to the prior recommendation, using the age of sixteen as a
requirement criteria for operators; and
WHEREAS, it is also helpful to clarify the definitions of similar devices and
vehicles, per state law.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. AMENDMENT TO CITY CODE. That Section 10.54.010 of
the Auburn City Code is hereby amended to read as follows
10.54.010 Motorized foot scooter 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
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Ordinance No. 5859
June 16, 2004
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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 For purposes of this section. a motor-driven cycle. a moped. an
electric-assisted bicycle. and a motorcycle. as defined in state law. are not
motorized foot scooters.
Section 2. AMENDMENT TO CITY CODE. That Section 10.54.050 of
the Auburn City Code is hereby amended to read as follows:
10.54.050 Requirements for operating motorized foot scooters.
A. Operator's License or Instruction PermitMinimum aqe. 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 has a valid is at least sixteen years of aqe. No operator's license-ef
instruction permit issued by is required from the Washington State 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.
Section 3. IMPLEMENTATION. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directives of this legislation.
Section 4. 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. 5859
June 16, 2004
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irrespective of the fact that anyone or more section, subsection, clause, phrase,
or sentence, be declared invalid or unconstitutional.
Section 5. 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
JUN 2 1 2004
JUN 2 I 2004
JUN 2 1 2004
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Attest:
f'-.Û~~
Danielle E. Daskam,
City Clerk
Daniel B. Heid,
City Attorney
PUBLISHED: !~ l Z··':.3 {oy..
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Ordinance No. 5859
June 16, 2004
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