HomeMy WebLinkAboutCOW 2004-08-09 Item 5E - Ordinance - Use of Motorized Scooters and EPAMDs COUNCIL AGENDA SYNOPSIS
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ITEM INFORMATION 1
CAS NUMBER: 04-116 I ORIGINAL AGENDA DATE: 8/9/04
I AGENDA ITEM TITLE Ordinance Regulating Motorized Scooters and EPAMDs
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 8/9/04 Mtg Date Mtg Date Mtg Date 8/9/04 Mtg Date Mfg Date Mtg Date
SPONSOR E Council Mayor
Adm Svcs DCD ❑Finance Fire Legal P&&R Police PIP
SPONSOR'S This ordinance regulates the operation of motorized foot scooters and electric
SUMMARY personal assitive devices within the City.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 8/2/04
RECOMMENDATIONS:
SPONSOR /ADMIN. Adopt ordinance
COMMITTEE Adopt ordinance
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments:
MTG. DATE I RECORD OF COUNCIL ACTION
8/9/04 I
MTG. DATE ATTACHMENTS
8/9/04 Memo dated August 3, 2004 by L Lauterbach
Draft ordinance regulating motorized foot scooters
Minutes from Finance and Safety Committee 8/3/04
To: City Council
From: Lucy Lauterbach
Date: August 3, 2004
Subject: I~lotor Scooter Ordinance
Backqround:
Motor scooters have appeared in Tukwila within the past few months. As they are
most olten driven by young teenagers who are not as careful to obey laws as older
people might be, they have startled some, scared some, and annoyed some others.
Several parents have bought their kids scooters to let their kids get around on their
own, so the parents don't have to drive them. Without regulations, they could
proliferate and could be a problem for drivers and pedestrians.
Discussion:
Many cities around Puget Sound are regulating scooters. The two forms of scooters are
different. The electric personal-assistive mobility devices (EPAMDs) look like a
skateboard with tall handles, are more often driven by adults, and as electric scooters,
are quieter and generally slower than gas scooters. Segways are EPAHDs. Some electric
scooters look like the EPANDs, but can go 50 mph, aha are not classified as EPAMDs.
Gas scooters and some electric scooters are more often Iow-riders, with handlebars that
are more level with the rider.
Motorized foot scooters are regulated more strictly than EPAHDS. Both can be used on
roads and a road shoulder where the speed limits is 25 mph or lower. A person must
be 16 to ride either, and must wear a helmet. They can't be ridden after dark. If they
are obeying traffic laws they are legal, but if they are riding '~n an irresponsible manner
or in parks or on trails, they are illegal.
Recommendation:
Finance and Safety Committee recommended the ordinance to COW and Council for
approval.
c CI f7
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON; ESTABLISHING NEW REGULATIONS REGARDING
THE USE OF MOTORIZED SCOOTERS AND EPAMDs; PROVIDING FOR
SEVERABMITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, RCW 46.61.710 has authorized the use of motorized foot scooters and
EPAMDs, yet has allowed local jurisdictions to regulate their use within each city; and
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 scooters and
EPAMDs in order to protect the health, safety, and welfare of its citizens;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
r 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 SCOOTERS AND EPAMDs
Sections:
9.34.010 Definitions
934.020 Areas of Operation
r/
9.34.030 General Requirements and Operation
9.34.040 Prohibited Areas
z rtr 9.34.050 Requirements for Operating EPAMDS and
Motorized Foot Scooters
934.060 Responsibility
934.070 Application to Other Devices
jl<:jtvn
934.080 Violation and Penalties
9.34.010 Definitions
fr For the purposes of TMC Chapter 9.34, the following definitions shall apply:
A. EPAMD is an electric, personal assistive mobility devise, which is a self
zy 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.
B. 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
jn
Scooter.
Motor Scooters 8/5/04 1 of 4
9.34.020 Areas of Operation
A. Except as otherwise provided in this chapter, motorized foot scooters may be
operated on roads and road shoulders where the speed limits are 25 mph or Iess.
B. 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, on school playgrounds, and on multiple -use trails within the City.
it 9.34.030 General Requirements and Operation
A. No person may operate a motorized foot scooter on a public way unless such
person is 16 years or older.
B. Any person operating a motorized foot scooter or similar device, shall obey all
f 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.
C. 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.
D. When r arias for a left
p ep g turn, the motor scooter operator shall stop and
dismount as dose 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
2t,- on pedestrians in Chapter 46.61 RCW.
E. A person operating an electric, personal assistive mobility device (EPAMD)
4 shall obey all speed limits and shall yield the 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.
...'..R'& F. No motorized foot scooter or EPAMD shall be operated between the times of
sunset to sunrise unless operated as a mobility assistant for a disabled occupant, in
(r which case lights and reflectors must be properly installed per RCW 46.04,
G. No motorized foot scooter or EPAMD shall be operated with any passengers in
:i "1.. addition to the operator.
H. No motorized foot scooter or EPAMD shall be operated without the operator
`n: P P
wearing a properly fitted and fastened helmet, that meets or exceeds safety standards
it 14: adopted by Standard Z -90.4 set by the American National Standards Institute (ANSI).
y 9.34.040 Prohibited Areas
H
It is unlawful for any person to operate or ride upon a motorized foot scooter
or similar device in any of the following areas:
'I" 1. Parks, including sidewalks, streets, paths, trails and similar travel ways.
=r; f
s 2. Multi-use trails, including both City recreational and the Interurban Trail.
te r 3. Sidewalks within the City limits.
x 4. Public school playfields or public school playgrounds.
"c 5. Roads with speeds over 25 mph.
9.34.050 Requirements for Operating EPAMDs and Motorized Foot Scooters
A. It is unlawful to operate a scooter or 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
and /or vehicular traffic.
B. 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.
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MotorScooters 5/5/04 2 of 4
A3-•
C. The use of a cutout, bypass, or similar muffler elimination device is prohibited
on any motorized foot scooter.
D. Motorized foot scooters shall be equipped 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.
E. It is unlawful to operate on a public roadway or on public property with a
motor scooter that has had factory- installed brakes removed or altered to the extent that
the braking device is ineffective. Scooter brakes must enable the operator to make the
braked wheels skid on dry, level and clean pavement.
F. Handlebars on a scooter must not exceed the shoulders of the operator.
G. Noise Restrictions:
1. Scooters must comply with the provisions in TMC Chapter 8.22, "Noise."
2. 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
1 ✓s' permitted or required by law.
3. No motorized foot scooter shall allow squealing, 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.
9.34.060 Responsibility
No person shall perform any act forbidden by TMC Chapter 934 nor fail to
perform any act required in TMC Chapter 9.34. 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 in violation of TMC Chapter 934.
9.34.070 Application to Other Devices
The provisions of TMC Chapter 9.34, regarding motorized foot scooters and
EPAMDs, apply to any device that.
yt 1. Matches the definition of a motorized foot scooter, except for the number
or size of the devices' wheels; and
2. Cannot be defined as a motor driven cycle, a moped, an electric- assisted
bicycle or a motorcycle.
9.34.080 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 9.34 has occurred, law
enf.....;....ent officers may, at their discretion, issue a civil infraction in the following
amounts to any person including a parent or guardian violating any of the
provisions of TMC Chapter 9.34. In any case, the amount shall not exceed $250.
C. The following monetary penalties shall apply:
1. First offense in a 365 -day period $40.
2. Second offense in a 365 -day period $80.
3. Third and future offenses in a 365 day period $250.
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.
Motor Scooters 8/5/04 3 of 4
Section 3. Effective Date. This ord@tee= wummary thereof shall be ed
m the official newspaper of the City, and shall take effect and &E hill force n days
after pas e and publication as pro ma%law.
PASSED BY THE CITY CO UNc OF THE CITY OF TUICW[LA, WASHINGTON,
at a Regular Meeting thereof this day of 200
ATTEST/AUTHENTICATED:
Steven M. Mullet, Mayor
Jane E Cantu, c co«om
d with the City Cl
APPROVED AS TO FORM BY Passed by the City Council
Published:
Effective D
Office of the City Att _ey @dinaneNumbr
r y
Motor Scooters #e!
Finance and Safety Committee
August 3,'2004
Page 2
5. ~Northfield Car Wash The Agreement has been cleaned up since the Committee saw it last.
Alan had costed out the entire City pay provisions in the contract. Most costs are known. One
cost he and Andy Berg are still negotiating over is the cost of financing charges by the new bank.
Andy wants more than the $4,000 the City thinks is reasonable. The Committee still had a few
questions clarifying the City's maximum cost would be $1,245,000. With a few other
recommendations, the Committee sent the Agreement to COW. Recommend Agreement to
COW.
6. Motor Scooter Ordinance A draft ordinance was in the packet, and the Committee members
thought it covered the scooter issues adequately. Joan said she was unsure what an electric
personal-assistive mobility devise (EPAMD) looked like. She also asked what would happen if a
postal delivery person rode one. Though that is not likely now, they would fall within the
ordinance, as it allows EPAMDs to operate on roads and sidewalks. Recommend ordinance to
COW.
7. Second Quarter Reports There were no comments on the reports. Information.
~hair approval