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HomeMy WebLinkAbout3673 Ordinance t' a' L ORDINANCE NO. 3 AN ORDINANCE of the City of Pasco, Washington, amending Section 9.48.180 "Restrictions on Vehicles" and creating a new Chapter 10.45 "Motorized Foot Scooters." WHEREAS,vehicle safety is an essential element necessary for life; and WHEREAS, motorized foot scooters possess a threat to the safety and health of humans life as well as to property and equipment; and WHEREAS, motorized foot scooters create potential safety hazards for pedestrians and motorists; and WHEREAS, motorized foot scooters are dangerous to minors and all other operators when operated on city streets; and WHEREAS, the City Council has determined that to further the public good and maintain levels of safety within the City limits to protect human health and property, as well as to prevent interference with the enjoyment of life and property, it is necessary to amend the Pasco Municipal Code Title 9 and Title 10,NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1 That Section 9.48.180 entitled "Restrictions on Vehicles" of the Pasco Municipal Code shall be and hereby is amended and shall as follows; 9.48.180 RESTRICTIONS ON VEHICLES. It is unlawful to ride or drive any motorcycle, motor vehicle, motorized foot scooter, horse or pony over or through any park except along and upon the park drives, parkways, or designated parking areas, or to stand or park any vehicle, except in areas designated by the Director. Violation of any of the provisions of this section constitutes an infraction. (Ord. 3616 Sec. 1, 2003.) Section 2. That a new Chapter 10.45 entitled "Motorized Foot Scooters" of the Pasco Municipal Code shall be and hereby is enacted and shall read as follows: CHAPTER 10.45 MOTORIZED FOOT SCOOTERS Sections 10.45.010 Definition 10.45.020 Rules of Operation 10.45.030 Violation—Penalty 10.45.010 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 Ordinance Amending Section 9.48.180 and Creating Chapter 10.45 - 1 r � 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. 10.45.020 RULES OF OPERATION. A) Age req-uired. No person may operate a motorized foot scooter upon a public right- of-way unless such person is thirteen (13) years of age or older. B) Prohibited areas. Motorized foot scooters are prohibited from being operated on sidewalks within the City limits, in City parks, in accordance with Chapter 9.48, on multi-purpose trails, and on any City street with a posted maximum speed limit greater than 25 miles per hour, in accordance with Chapter 10.24. C) Helmets required. Any person operating a motorized foot scooter or riding as a passenger on a motorized foot scooter upon any public street in the City of Pasco shall wear an approved helmet designed for safety that meets or exceeds the requirements of standard Z.90.4 set by the American National Standard Institute, 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. D) Reflectors required. Pursuant to RCW 46.20.500, a motorized foot scooter must be affixed with visible reflectors of a type approved by the Washington State Patrol whenever the vehicle is operated at any time between one-half hour after sunset until one-half hour before dawn. E) 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. F) Noise restriction. Operation of motorized foot scooters is subject to provisions of Pasco Municipal Code 9.61 entitled "Noise Regulation." Operation of a motorized foot scooter without a muffling device, or operation with a modified muffling device is unlawful. G) Responsibility. No person shall do any act forbidden by this Chapter or fail to perform any act required in this Chapter. The parent of any child and the guardian of any ward twelve (12) years of age or younger shall not authorize or knowingly permit any such child or ward to violate any of the provisions of this chapter. 10.45.030 VIOLATION - PENALTIES. It shall be a civil infraction to commit a violation of Section .020. The Municipal Court shall have jurisdiction over all civil infractions issued under this Chapter unless otherwise expressed in this Chapter. Civil infraction shall be issued and processed in accordance with RCW Chapter 7.80 as currently enacted or as hereinafter amended, which is incorporated hereinby this reference. A) Any person under the age of thirteen (13) years found to have committed a civil infraction, the parents shall be accessed the following penalty: 1) First Violation—warning. Ordinance Amending Section 9.48.180 and Creating Chapter 10.45 -2 � r 2) Second Violation—not to exceed $150.00. 3) Third Violation—not to exceed$250.00. 4) Additional Violation - $500.00; each additional. B) Any person thirteen (13) years of age to sixteen (16) years of age found to have committed a civil infraction shall be adjudicated in juvenile court, pursuant to RCW 13.40.250, traffic and civil infraction cases. C) Any person sixteen (16) years of age or older shall be accessed a monetary penalty as follows: 1) First Violation - not to exceed$150.00. 2) Second Violation-not to exceed$250.00. 3) Third Violation - $500.00. 4) Additional Violations within one (1) calendar year - $500.00 each additional violation. Section 3. If any section, subsection, paragraph, sentence, clause or phrase of this Ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Ordinance or its application to any other person or situation. Section 4. This Ordinance shall be in full force and effect five days from and after its ' passage, approval and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, and approved as provided by law this & day of , 2004. A Michael L. arr son Mayor ATTEST: APPROVED AS TO FORM: CLe?laB. Ke rr Sandy Ken o y Depuy City Jerk ey Ordinance Amending Section 9.48.180 and Creating Chapter 10.45 -3