HomeMy WebLinkAboutCOW 2004-10-11 Item 4E - Ordinance - Use of Motorized Scooters, Pocket Bikes and EPAMDs (_, 0 UNCIL A GEND I SYNOPSIS
O .................................. Initials ................................. ITEM NO,
Meetittg Date Prepared b), Mqyor's revietv Council revie~v
08/09/04 LLLL ~_~
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ITEM INFORMATION
CAS NUMBER: 04-116 IOP, iGiNALAGENDADATE: 8/9/04
AGENDA ITEMTI'I],g Ordinance Regulating Motorized Scooters and EPAMDs
CATEGORY [] Discussion [] Motion [] Resolution [] Ordinance [] Bid Amard [] Public Hearing [] Other
Mtg Date 9/20/04 Mtg Date Mtg Date Mtg Date 9/20/04 Mtg Date Mtg Date Mtg Date
SPONSOR [] Counc~ [] Mayor [] Adm Svcs [] DCD [] Finance [] Fire [] Legal [] P~I~. [] Polite [] PW
SPONSOP,'S This ordinance regulates the operation of motorized scooters, electric personal-assistive
SUMMARY devices, and pocket hikes within the City as allowed by State law.
REX'iEWED BY [] COW Mtg. [] CA&P Crate [] F&S Cmte [] Transportation Crate
[] Utilities Cmte [] Arts Comm. [] Parks Comm. [] Planning Comm.
DATE: 8/9/04
RECOMMENDATIONS:
SPONSOR/ADMIN. Recommend ordinance for adoption
COMMFZI'EE
COST IMPACT / FUND SOURCE
EXPENDITURE ILEQUIRED AIvlOUNT BUDGETED APPROPRIATION REQUIRED
$ $ $
Fund Source:
Comments:
MTG. DATE RECORD OF COUNCIL ACTION
8/9/04 COW
9121'104 COW
MTG. DATE ATTACHMENTS
8/9/04 Hemo dated August 3ra from g Lauterbach
' ' Draft ordinance regulating motor scooters
. , Minutes from Finance and Safety Committee dated 8/3/04
9/27/04 Memo dated September 13,2004 from L. Lauterbach
Revised draft ordinance
RCW language about motor scooters and mopeds
10/11/04 Memo dated October 6, 2004 from L. Lauterbach, w/ copy of e-mail attachment
(revised) ordinance
To: City Council
From: Lucy Lauterbach
Date: October 6, 2004
Subject: Scooters~ Segways and Pocket Bikes
This draft should be close to being ready for adoption, as it has been to committee since it was
last in COW. If it is passed, we will be one of only a few cities attempting to include pocket
bikes in our ordinance.
Attempts to find a better definition for pocket bikes were unsuccessful, so I've tried to improve
the one we already had.
With a different organization and some small changes, we should have a tool that is useful to our
police officers as they can regulate troublesome small motorized vehicles. If the riders of those
machines obey all the provisions of this ordinance, they will be allowed.
One item that has come to light is a State Patrol press release that says pocket bikes may not be
legally operated on public roads, sidewalks, bike lanes, trails or anyplace prohibiting the use of
motorized vehicles. I've included that e-mail in the packet.
From: "Paul Sullivan" <psullivan@mrsc.org>
To: <tukcounc@ci.tukwila.wa.us>
Date: 9/29/04 2:50PM
Subject: Mini motorcycles
Here's a definition from Connecticut:
State law also defines a "minibike" or "minicycle" as any two- or
three-wheeled motorcycle having one or more of these characteristics:
(1) 10 inches or less nominal wheel rim diameter, (2) 40 inches or less
wheelbase, (3) 25 inches or less seat height, or (4) an engine piston
displacement of 50 cubic centimeters or less.
Here's one from Layton, Utah:
10.16.045. Low profile motorized vehicle prohibited on public property/..
(1) Definitions. For the pureoses of this Section:
(a) "Low profile motorized vehicle" shall mean any motorized vehicle
that:
(i) is not regulated by the State or by any other City Code provision;
(ii) is not otherwise permitted upon the highways or sidewalks; and
(iii) is less than thirty-six inches (36") in height when in its normal
operating position, r~otwithstanding any flag, antenna, or other device
attached, or modifications made thereto.
This definition includes, but is not limited to, "pocket bikes" or ,
miniature motorcycles, and "go-carts."
Here's a press release from the washington State Patrol:
Washington State Patrol <http://www.wa.govlwsp/>
Date: September 27, 2004
FOR IMMEDIATE RELEASE
Contact: Ms. Christine Fox, Washington State Patrol, [360) 753-3697,
equipment@wsp.wa.gov
Officer Sean Whitcomb, Seattle Police Department, (206) 684-5520
WashingtonStatePatrol and Seattle Police Department bi-weekly law review
-- pocket bikes
OLYMPIA -- Pocket bikes, pocket rockets, and other similar type of mini
motorcycles are small [most measure only 12 to 18 inches in overall
height), fast, and manufactured primarily as a racing ~)ike and intended
for off-road use only. Pocket bikes may not be legally operated on
public roads. Additionally, they may not be operated on sidewalks, bike
lanes, trails, or anyplace prohibiting the use of motorized vehicles.
Pocket bikes are similar in performance and application to that of a
motor-driven cycle or a motorcycle. Pocket bikes meet the definition of
a motorcycle as outlined in Revised Code of Washington (RCW) 46.04.330
which states in part, "'Motorcycle' means a motor vehicle designe~l-to
travel on not more than three wheels in contact with the ground, on
which the driver rides astride the motor unit or power train and is
designed to be steered with a handle bar .... "However, pocket bikes
do not meet many of the equipment requirements for motorcycles that may
be legally operated on roadways. These requirements are outlined in
statutes and include: a minimum wheel base of three feet six inches (RCW
46.44.050); minimum headlamp height of 24 inches (RCW 46.37.523);
minimum tail lamp height of 15 inches (RCW 46.37.525); two mirrors (RCW
46.37.400); pneumatic rubber tires (RCW 46.37.420); and others.
Additionally, pocket bikes are not manufactured with a conforming
17-digit vehicle identification number (VIN), indicating the
manufacturer did not meet Federal Motor Vehicle Safety Standards (FMVSS)
which are requ[red for motor vehicles of any class to be operated on
public roads. Operators of motor-driven cycles or motorcycles must also
hays a valid driver's license, a motorcycle endorsement, aha must wear a
helmet,
Under RCW 46.20.024, it is a misdemeanor for any person to cause or
knowingly permit a child, who is under the age of eighteen, to drive a
motor vehicle on any highway without the State's authorization.
In addition to the above restrictions, many cities and counties have
enacted ordinances further restricting the operation of pocket bikes.
All RCW's may be viewed in their entirety by accessing the Office of the
Code Revisers website at http://slc.leg.wa.gov <http:llsic.leg.wa.govl>
This is all I could find; I wish there was more.
As to whether a city could require drivers of Segways (EPAMDs) to wear
helmets, I think that a city likely could, just as cities are requiring
riders of motorized foot scooters to wear helmets. One city, Spokane,
has. See http:llwww.mrsc.orglordsls73oc33452.pdf
I hope this is helpful; please let me know if I can do anything further.
JU f if
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, ESTABLISHING NEW REGULATIONS REGARDING
THE USE OF MOTORIZED FOOT SCOOTERS, POCKET BIKES AND
EPAMDs; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, RCW 46.61.710 has authori the use of motorized foot scooters and
EPAMDs, yet has allowed local jurisdictions to regulate their use within each city; and
l t WHEREAS, the City of Tukwila is concerned about traffic and pedestrian safety, as
well as the safety of all its citizens; and
WHEREAS, Tukwila chooses to regulate the use of motorized foot scooters, pocket
bikes and EPAMDs in order to protect the health, safety, and welfare of its citizens;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Regulations established. Tukwila Municipal Code Chapter 934 is
hereby established to read as follows:
CHAPTER 9.34
OPERATION OF MOTORIZED FOOT SCOOTERS,
POCKET BIKES AND EPAMDs
Sections:
9.34.010 Definitions
934.020 Pocket Bikes
934.030 Electric Personal Assistive Mobility Device (EPAMD)
c; V+' 9.34.040 Motorized Foot Scooters
9.34.050 Responsibility
9.34.060. Violation and Penalties
9.34.010 Definitions
4 For the purposes of TMC Chapter 934, the following definitions shall apply:
1. EPAMD" is an electric, personal assistive mobility device, which is a self-
balancing device with two wheels not in tandem, designed to transport only one person
by an electric propulsion system with an average power of 750 watts (one horsepower),
having a maximum speed on a paved surface of less than 20 mph (miles per hour),
when powered solely by such a propulsion system.
2. "Motorized foot scooter" means a device with no more than two 10- 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. A motor -driven
cycle, a moped, an electric- assisted bicycle or a motorcycle is not a motorized foot
scooter.
Motor Scooters 10/8/04 1 of 4
3. "Pocket bike" (also known as miniature motorcycle, miniature chopper or sports
racer) is a low- profile motorized vehicle 30" or less in height, with 10" or smaller wheels
and an engine displacement of 49cc's or fewer.
9.34.020 Pocket Bikes
A. Pocket bikes are prohibited from operation on any street, road or byway
publicly maintained and open to the public for vehicular travel in the City of Tukwila.
B. This section applies to pocket bikes and any similar motor vehicle with a low
profile but of a slightly different size.
9.34.030 Electric Personal Assistive Mobility Device EPAMD)
A. EPAMDs may be operated on roads and road shoulders where the speed limits
are 25 mph or less, and on bicycle lanes, sidewalks and alleys. They are prohibited in
City parks, and on multiple -use trails within the City.
B. A person operating an electric, personal assistive mobility device (EPAMD)
shall obey all speed limits and shall yield tf e right -of -way to pedestrians and human-
powered devices at all times. An operator must also give an audible signal before
overtaking and passing a pedestrian. Persons operating an EPAMD have all the rights
and duties of a pedestrian, though they must follow rules of the road when traveling on
the roadway.
C. It is unlawful to operate an EPAMD in a negligent or unsafe manner. They
shall be operated with reasonable regard for the safety of the operator and other
persons. Examples of operating in a negligent manner include, but are not limited to,
failure to obey all traffic control devices, or failure to yield right -of -way to pedestrians
ys
and /or vehicular traffic.
D. EPAMDs on roadways should ride as close as practicable to the right side of
the road.
E. EPAMD operators should dismount their device on the right side of the road
and cross the road at an intersection as a pedestrian would if making a left hand turn.
F. No EPAMD shall be operated between the times of sunset and sunrise, unless
operated as a mobility assistant for a disabled occupant, in which case lights and
reflectors must be properly installed per RCW 46.04.
G. No EPAMD shall be operated with any passengers in addition to the operator.
H. All operators of EPAMDs shall follow State Mw as found in RCW 46.61.710,
detailing that they have the rights and duties of a pedestrian unless otherwise regulated
in this section.
9.34.040 Motorized Foot Scooters
A. General Requirements
1. Every internal combustion engine driven foot scooter shall at all times be
equipped with a muffler in good working order and in constant operation to prevent
excessive or unusual noise.
2. The use of a cutout, bypass, or similar muffler elimination device is
prohibited on any motorized foot scooter.
3. Motorized foot scooters shall be equipped with a kill (deadman's) switch,
in such a manner that the drive motor is engaged through a switch, lever, or other
mechanism that, when released, will cause the drive motor to disengage or cease to
function.
4. It is unlawful to operate on a public roadway or on public property with a
motorized foot scooter that has had factory installed brakes removed or altered to the
Motor scooters 10/8/04 2 of 4
extent that the braking device is ineffective. Brakes on motorized foot scooters must
enable the operator to make the braked wheels skid on dry, level and clean pavement.
5. Handlebars on a motorized foot scooter must not exceed the shoulders of
the operator.
6. Noise Restrictions:
a. Motorized foot scooters must comply with the provisions in TMC
Chapter 8.22.110, "Public Disturbance Noises."
b. No motorized foot scooter shall emit frequent, repetitive or continuous
sounding of any horn or siren, except as a warning of danger or as specifically
permitted or required by law.
c. No motorized foot scooter shall be operated in such a manner that
results in screeching or other sounds from scooter tires coming in contact with the
ground or pavement because of rapid acceleration, braking or excessive speed around
corners or because of such other reason not connected with avoiding danger.
B. Requirements for Operation
1. It is unlawful to operate a motorized foot scooter in a negligent or unsafe
manner. They shall be operated with reasonable regard for the safety of the operator
and other persons. Examples of operating in a negligent manner include, but are not
limited to, failure to obey all traffic control devices, or failure to yield right -of -way to
pedestrians and /or vehicular traffic.
2. No motorized foot scooter 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).
3. No person operating a motorized foot scooter shall tow or pull another
person behind such device. In the event that a person is pulled or towed behind a
motorized foot scooter, the person operating the scooter and the person being towed or
pulled are both in violation of TMC Chapter 9.34.
4. No person may operate a motorized foot scooter on a public byway unless
such person is 16 years or older.
5. 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.
6. It shall be unlawful to operate a motorized foot scooter other than as close
as practicable to the right -hand curb or right edge of the roadway.
7. When preparing for a left turn, the motorized foot scooter 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 RCW Chapter 46.61.
8. No motorized foot scooter shall be operated with any passengers in
addition to the operator.
9. No motorized foot scooter shall be operated between the times of sunset
and sunrise.
10: 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. Parks, including sidewalks, parking lots, streets, paths, trails and
similar travel ways.
b. Multi-use trails, including all City and regional recreational trails in
the City.
Motor Scooters 10/8/04 3 of 4
/1
c. Sidewalks within the City limits.
d. Parking lots of any municipal facility.
e. Roads with speeds over 25 mph.
C. Application to Other Devices
The provisions of TMC Chapter 934 regarding motorized foot scooters apply
to any device that
1. Matches the definition of a motorized foot scooter, except for the number
or size of the device's wheels; and
2. Cannot be defined as
a) A vehicle legally registered by the Washington Department of Vehicle
Licensing as a motorcycle or moped.
b) An electric- assisted bicycle.
9.34.050 Responsibility
No person shall perform any act forbidden by TMC Chapter 934 nor fail to
perform any act required in TMC Chapter 934. It is unlawful for any parent, guardian
or other person having control or custody of a minor child to allow said minor to
operate a motorized foot scooter, pocket bike, or EPAMD in violation of TMC Chapter
934.
9.34.060 Violations and Penalties
A. The City of Tukwila Police Department personnel shall be responsible for
enforcing the provisions of TMC Chapter 934.
B. Upon determining a violation of TMC Chapter 934 has occurred, law
enforcement officers may, at their discretion, issue a civil infraction in the amounts
specified in TMC 934.060.0 to arty person including a parent or guardian violating
any of the provisions of TMC Chapter 934.
C. The following monetary penalties shall apply:
1. First offense $40.
2. Second offense $80.
`r' 3. Third and future offenses $250 each.
Section 2. Severability. 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 3. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of 2004.
ATTEST /AUTHENTICATED:
Steven M. Mullet, Mayor
Jane E. Cantu, CMC, City Clerk
Filed with the City Clerk:
APPROVED AS TO FORM BY: Passed by the City Council
Published:
Effective Date:
Office of the City Attorney Ordinance Number:
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