HomeMy WebLinkAbout4549 Ordinance - PMC New Chapter 10.100 Wheeled All-Terrain Vehicles ORDINANCE NO.4549
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON,
CREATING A NEW CHAPTER 10.100 "VVHEELED ALL-TERRAIN
VEHICLES"WITHIN THE PASCO MUNICIPAL CODE.
WHEREAS,pursuant to RCW 46.09.455(1)(d)(i) a person may not operate a wheeled all-
terrain vehicle (WATV) within the city limits unless the city has approved the operation of a
WATV along public roadways within the city, excluding non-highway roads and trails; and
WHEREAS,pursuant to RCW 47.17 WATVs may not be operated along state highways
excluding that portion of a segment of a state highway running through the city limits and the
speed limit is thirty-five miles per hour or less; and
WHEREAS, the operator of a WATV may not cross at an uncontrolled intersection of a
public highway listed under RCW 47.17; and
WHEREAS, City of Pasco staff will, pursuant to RCW 46.09.455(1)(d)(ii) list the public
roadways within the City that are suitable to WATV operation; and
WHEREAS, those listed public roadways will be accessible through the City of Pasco
website as required by RCW 46.09.455(1)(d)(ii); and
WHEREAS, the City Council for the City of Pasco finds that it is in the best interest of
the City of Pasco to make provision for the operation of WATVs along the public roadways within
the City limits.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. A new Chapter 10.100 entitled "Wheeled All-Terrain Vehicles" of the Pasco
Municipal Code shall be and hereby is created and shall read as follows:
Chapter 10.100
WHEELED ALL-TERRAIN VEHICLES
Sections:
10.100.010 Definitions.
10.100.020 Use of Wheeled All-Terrain Vehicle on Citv Streets.
10.100.030 Restrictions on Use of Wheeled All-Terrain Vehicle on City Streets.
10.100.040 Equi�ment Requiretnents of a Wheeled All-Terrain Vehicle.
10.100.050 Re�istration Requirements of a Wheeled All-Terrain Vehicle.
10.100.060 Dutv to Obey Traffic-Control Devices and Rules of the Road.
Ordinance Creating PMC Chapter 10.100 WATV- 1
10.100.070 Prohibited Uses.
10.100.080 Prohibited Areas.
10.100.090 Violation—Penaltv.
10.100.100 Severabilitv.
10.100.010 Definitions.
When used in this chapter, the Cit�defines the words annd phrases listed below as follows:
"Citv" means the City of Pasco, Washin�,�ton, its elected officials, its employees, and its
a�ents•
"Cit Street" means eve wa lane road street boulevard and eve wa or lace in the
City open as a matter of ri h�, t to public vehicular traffic inside the citv limits.
"Motorcvcle Helmet" has the same meaning as provided in RCW 46.37.530.
"Rules of the Road" means all the rules that a�plv to vehicle orpedestrian traffic as_set
forth in state statute, rule or re�;ulation.
"Sidewalk" means that property between the curb lines or the lateral lines of a city street
and the adjacent uroperty, set aside and intended for the use af pedestrians or such portion
of rivate ro ert arallel and in roximit to a cit street and dedicated to use b
pedestrians.
"Wheeled All-Terrain Vehicle" or "WATV" means:
(1) A utilitY-ty,{�e vehicle designed for and capable of travel over designated roads that
travels on four or more low-�ressure tires of 20 psi or less,has a maximum width less than
74 inches, has a maximum wei�ht less than 3,000 pounds, has a wheelbase of 120 inches
or less, and satisfies at least one of the followin�:
f a) Has a minimum width of 50 inches;
(b) Has a minimum wei�ht of at least 900�ounds; or
f c} Has a wheelbase of over 61 inches;
(d) Has a steerin�wheel for steerin� control; and
e Has non-straddle seatin Y with the o erator and assen rer sittin 7 side b side in the
vehicle manufactured primarilv for recreational nonhi�;hwav all-terrain use.
Ordinance Creating PMC Chapter 10.100 WATV-2
10.100.020 Use of Wheeled All-Terrain Vehicle on Cit�� Streets.
Subiect to the restrictions and requirements set forth in this chapter, a person who has
attained the a�e of ei�hteen (18�, years and who has a valid driver's license issued by the
state of the person's residence mav operate a wheeled all-terrain vehicle upon a citv street
havin a s eed limit of 35 miles er hour or less.
10.140.030 Restrictions on Use of Wheeled All-Terrain Vehicle on Citv Streets.
1 An erson who o erates or rides as a assen Jer in a wheeled all-terrain vehicle
must wear a securelY fastened motorcycle helmet while the WATV is in motion,unless the
WATV is equi�ed with roll bars or an enclosed passen�er compartment;
(2} An�person who operates or rides as a passen�7er in a wheeled all-terrain vehicle
must wear a securel fastened seat belt as re uired in RCW 46.61.688 3 . Passen 7ers less
than 16 years of a�e are required to be restrained as defined in RCW 46.61.687;
(3} No passen�ers under the a�;e of five (5) vears of a�e may be transported in a
wheeled all-terrain vehicle;
(4} _A person_m� not operate a wheeled all-terrain vehicle upon a citv street with a
speed limit in excess of 35 miles per hour; however, a person may cross a city street with
a speed limit in excess of 35 miles per hour at a controlled intersection if the crossing
be�:ins and ends on a city street with a speed limit of 35 miles per hour or less and occurs
at an intersection of a�roximatelv� 90 de::rees;
(5�_ A person mav operate a wheeled all-terrain vehicle upon anv citv street while being
used under the authoritv or direction of an ap�ropriate a�ency that en�a�es in emer��y
mana�ement, as defined in RCW 46.09.310, or search and rescue, as defined in RCW
38.52.010, or a law enforcement a ency, as defined in RCW 16.52.011, within the scone
of the a�-�v's official duties;
�6) Wheeled all-terrain vehicles are subiect to Chapter 46.55 RCW: and
{�} No persan mav operate a wheeled all-terrain vehicle upon a city street without
havin��proof of current liabilitv insurance with liability limits of at least the amounts
provided in and in com�aliance with the requirements as set forth in RCW 46.29.090, as
now enacted or hereafter amended. Written roof of such financial res onsibilit must be
�rovided on the request of a law enforcement officer.
10.100.040 EUuinment Requirements of a Wheeled All-Terrain Vehicle.
A wheeled all-terrain vehicle operated on a city street must complv with the followin�;
euuipment requirements:
Ordinance Creating PMC Chapter 10.100 WATV-3
{1) Headli�hts meetin�;the recluirements of RCW 46.37.030 and 46.37.040 and used at
all times when the vehicle is in motion;
�2) Two tail lamps meeting the requirements of RCW 46.37.070{1} and to be used at
all times when the vehicle is in motion upon a city street;
{3} A stop lamp meetin f t�, he requirements of RCW 46.37.200;
4 Reflectors meetin r the re uirements of RCW 46.37.060•
(5} Durin�; hours of darkness, as defined in RCW 46.04.200, turn si�nals meetin�;the
requirements of RCW 46.37.200;
6 Outside of hours of darkness the o erator must com 1 with RCW 46.37.200 or
46.61.310;
(71 Two mirrors meetin;t�quirements of RCW 46.37.400:
8 A windshield ineetin the re uirements of RCW 46.37.430 unless the o erator
wears �:lasses, �.o.��;les, or a face shield while operatin� the vehicle�of a type conforming
to rules adopted by the Washington State Patrol;
(9? A horn or warning device meetin� t�quirements of RCW 46.37.380;
(10) Brakes in workin�order;
(11) A spark arrester and mufflin�device meetin�the requirements of RCW 46.09.470;
(12�_ Seatbelts meetin�the requirements of RCW 46.37.510; and
�13) Must have an individual seat for each occupant desi�,ned to seat a person.
10.100.050 Re�istration Requirements of a Wheeled All-Terrain Vehicle.
A�vheeled all-terrain vehicle o��erated on a citv street must com�lv with all the re�;istration
requirements of Cha�ter 46,09 RCW.
10100.060 Dut� to ObeS' Traffic-Control Devices and Rules of the Road.
Unless a police officer directs otherwise, a person operatin,�; a wheeled all-terrain vehicle
must obeY all rules af the road that ap�lv to vehicle or�edestrian traffic and must obe.y the
instructions of official traffio-control siy;nals, si�ns. and other control devices applicable to
vehicles. A erson o eratin � a wheeled all-terrain vehicle u on a cit street is sub�ect to all
of the duties that Chapter 46.61 RCW et sec�. imposes on an operator of a vehicle, except
as to those provisions thereof which bv their nature can have no application.
Ordinance Creating PMC Chapter 10.100 WATV-4
10.100.070 Prohibited Uses.
1 No �erson ma • o erate or ride a wheeled all-terrain vehicle in a ne rli ent or unsafe
manner, but must operate it with reasonable re�ard for his or her own safetv and for the
safetv of others.
�2} No }�erson may occupy_a wheeled all�terrain vehicle unless that person is seated in
a seat desi�ned to carrv a person.
f 31 No �ersons mav operate two or more wheeled all-terrain vehicles side-by-side in a
sin�le lane of traffic.
10.100.080 Prohibited Areas.
i 1) It is unlawful to operate a wheeled all-terrain vehicle on a sidewalk or other area
where it is unlawful to o�erate a motor vehicle.
f 2? It is unlawful to operate a��heeled all-terrain vehicle upon anv citv park bike paths,
trails, walkwa�s, etc. except for citY maintenance staff, other than in areas desi�;nated for
motor vehicle operation.
�3) It is unlawful to o�erate a wheeled all-terrain vehicle_on any bic�cle trail or walking.
path or in anv bicvcle lane.
10.100.090 Violation—Penalh�.
A person who violates a provision of this chapter is guiltv of a traffic infraction and will
be punished bv the imposition of a monetarv penalty not to exceed 250.00, exclusive of
statutorv assessments; provided, that conduct that constitutes a criminal offense mav be
char�;ed as such and is subject to the maximum penalties allowed for such offenses.
10.100.100 Severabilit��.
If anv section, subsection, sentence, clause, para�;ra�h, ��hrase,_ar word of this cha1�ter
should be held to be invalid or unconstitutional bv a court of competent jurisdiction, such
invalidit�or unconstitutionalitv thereof shall not affect the validitv or constitutionalitv of
anv other section, subsection, sentence, clause. }�ara�raph, ��hrase or word of this chaEzter.
Section 2. This ordinance shall take full force and effect five (5) days after approval,
passage and publication as required by law.
Ordinance Creating PMC Chapter 10.100 WATV-5
PASSED by the City Council of the City of Pasco, Washington this 7th day of September,
2021.
o�-"L
Saul Martinez
Mayor
ATTEST: APPROVED AS TO FORM:
�
Debra Barham, CMC Kerr Ferg aw, PLLC
City Clerk City rney
Published: ���.,� �2. , ZI�7.�
Ordinance Creating PMC Chapter 10.100 WATV-6