Ord 04-464
ORDINANCE NO. 04-464
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON RELATING TO
MOTORIZED FOOT SCOOTERS AND SIMILAR DEVICES,
AMENDING ARTICLE III TO CHAPTER 11 OF THE
FEDERAL WAY CITY CODE, PARK REGULATIONS AND
ADDING A NEW ARTICLE IX TO CHAPTER 15, TRAFFIC
AND VEHICLES.
WHEREAS, the City Council of the City of Federal Way makes the following
findings regarding the current unregulated use of motorized foot scooters and similar devices within
city limits;
WHEREAS, RCW 46.61.710 authorizes the use of motorized foot scooters upon the
highways of the state and authorizes local jurisdictions to restrict or otherwise limit the use of such
vehicles; and
WHEREAS, the City ofF ederal Way is a non-charter code city under the laws of the
State of Washington and, as such, has the power to enact ordinances for the protection of the public
health, safety and general welfare and for other purposes, and
WHEREAS, motorized foot scooters and similar devices are currently being used
within the city, including on city park properties, causing a mix of uses that pose a danger to
pedestrians, motorized foot scooter operators and other vehicular or pedestrian traHic; and
WHEREAS, in 1991, the Federal Way City Council enacted Ordinance No. 91-82
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ORIGINAL
establishing a park system, which is codified in Chapter 11 of the Federal Way City Code; and
WHEREAS, in 199], the Federal Way City Council enacted Ordinance No. 91-91
establishing a Traffic and Vehicles Code; and
WHEREAS, since the enactment of those codes, the city population has increased,
and vehicular and pedestrian traffic has increased, creating a greater mix of uses involving varying
speeds and noise levels within all areas ofthe city, including on park properties; and
WHEREAS, no section of the Federal Way City Code currently regulates the use of
motorized foot scooters and similar devices on city property; and
WHEREAS, the City Council finds that unregulated use of motorized foot scooters
and similar devices endangers public health and safety on city roads and sidewalks, including park
properties; and
WHEREAS, RCW 46.61.710 does not establish training requirements for operation
of a motorized foot scooter and similar devices, which creates great risk of injury and/or property
damage caused by untrained and/or youthful operators who lack sufficient judgment to safely operate
a motorized vehicle upon public streets; and
WHEREAS, the City Council finds that it is in the best interest of the citizens to
amend Article III to Chapter 11 of the Federal Way City Code, which Article is entitled "Park
Regulations;" and add a new Article IX to Chapter 15 of the Federal Way City Code entitled
"Trame and Vehicles" to regulate the safe use of motorized foot scooters and similar devices;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORD # 04-464
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Section 1. Chapter]], Article III of the Federal Way City Code, Table of Contents, is
hereby amended to read as follows:
Article III. PARK REGULATIONS
Sections:
11-51 Definitions.
11-52 Scope of article.
11-53 Responsibility for violation.
11-54 Enforcement.
11-55 Expulsion from parks.
11-56 Closing hours - Unlawful entry.
11-57 Agreements for use of park.
11-58 Agreements for athletic, recreational facilities and activities.
11-59 Dogs at large.
11-60 Pets on city park facilities.
11-61 Capturing, molesting or feeding animals.
11-62 Feeding of wildlife.
11-63 Aircraft.
11-64 Alcoholic beverages prohibited.
11-65 Boats and other watercraft.
11-66 Camping.
11-67 Circus, carnival or exhibitions.
11-68 Concessions.
11-69 Disorderly conduct.
11-70 Unlawful public exposure.
11-71 Fires.
11- 72 Firearms and fireworks.
11-73 Game fish.
11- 7 4 Shellfish and food fish.
11-75 Games and sports.
11- 76 Loitering.
11- 77 Meetings - Religious and political.
11- 78 Model aircraft, boats, hydroplanes and other motorized models.
11-79 Removal or destruction of park property.
11-80 Peddlers - Use of loudspeakers.
11-81 Park scheduling, permits and fees.
11-82 Pedestrian right-ot-way.
11-83 Refuse and/or storage of personal property.
11-84 Riding vehicles or animals.
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~
11-85 Signposting.
11-86 Skateboarding, Skateboards; bicyclingbicycles;, coasters,; in-line
skates; aHG-rolier skates;ffig and motorized foot scooters and
similar devices.
11-87 Smoking.
11-88 Swimming.
11-89 Sound amplification equipment prohibited.
11-90 Trail use.
11-91 Trials and competitions.
Section 2. Chapter 11, Article III, Section 11-82 of the Federal Way City Code is hereby
amended to read as follows:
11-82 Pedestrian right-of-way.
At all times and at all locations within any park, pedestrians shall enjoy the right-of-way
over any animal and over any motorized or unmotorized vehicle, bicycle, foot scooter, tricycle,
animal, skates or skateboard. (Ord. No. 91-82, § ] (20), 1-8-9])
Section 3. Chapter 11, Article III, Section 11-84 is hereby amended to read as fÒllows:
11-84 Riding vehicles or animals, and illegal parking.
It is unlawful to ride or drive any bicycle, motor vehicle, horse or pony over or through
any park except along and upon the park drives, parkways, park boulevards and/or appropriately
marked paths; or at a speed in excess of ] 5 miles per hour; or to stand or park any vehicle except
in areas designated and posted by the director. Chapter U FWCC, Traffic and Vehicles, and the
appropriate violations and penalties prescribed therein, shall be applieable to all traffie violations
committed within any park. Any car parked in an area not designated by the director for parking,
or otherwise parked in violation of this article or in such a way as to obstruct traffic, or any car
which is apparently abandoned in any park, may be summarily removed and impounded upon
order of the director. (Ord. No. 91-82, § 1 (22), 1-8-91; Ord. No. 93-183, § 1, 8-3-93)
Section 4. Chapter 11, Article III, Section 11-54 of the Federal Way City Code is hereby
amended to read as follows:
11-54 Enforcement.
(a) All tramc violations committed within any park, including those involving motorized
foot scooters and similar devices, shall be subject to the penalties and provisions prescribed in
Chapter 15 FWCC, Traffic and Vehicles.
(b) Civil enforcement of the provisions of this article shall be governed by Chapter I
FWCC, !_~~~!i~J\.' I U, Civil Enforcement of Code. Civil enforcement is in addition to, and does not
limit, any other forms of enforcement available to the city including, but not limited to, criminal
ORD # 04-464
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sanctions as specified herein or in Chapter 1 FWCC, Articles II, Ill, nuisance and injunction
actions, or other civil or equitable actions to abate, discontinue, correct or discourage unlawful
acts in violation of this article.
(cb) Conviction of a violation of or failure to comply with the provisions of this article
shall also constitute a misdemeanor and shall be punished as provided in FWCC 1- 13, except for
violations of provisions that constitute gross misdemeanors, conviction of which shall be
punished by a fine not to exceed $5,000 or imprisonment in jail not exceeding one year, or by
both such fine and imprisonment. (Ord. No. 9]-82, § l(1)(D), ]-8-91; Ord. No. 99-342, § 8, 5-4-
99)
Section 5. Chapter] 1, Article III, Section 11-86 of the Federal Way City Code is hereby
amended to read as follows:
11-86 SkateboardingSkateboards;, bicyclingbicycles,; coasters,; in-line skates; and
roller skates;ÎIlg and motorized foot scooters and similar devices.
(a) Bicycles, coasters, skates and skateboards. No person shall ride, drive, or operate any
bicycle, coaster, skates or skateboard in any area within any park where such activity is
prohibited by means of posted notice. The park director, or his or her designee, is authorized to
place the appropriate notice or notices at such times, and/or with such areas, of any park which
shall make it unlawful to ride, drive or operate any bicycle, skates or skateboard within such
designated areas, according to the posted notice.
(b) Designated skate facility. Use of skateboards, coasters, in-line skates and roller-skates
may be allowed in a designated skate facility.
(1) No skateboards, coasters, in-line skates and roller skates shall be ridden in a
negligent manner but shall be operated with reasonable regard for the safety of the operator and
other persons.
(2) Bicycles and BMX bikes are not permitted in the designated skate facility.
(3) Additional ramps, jumps or other elements may not be brought into any park
or any designated skate facility.
(4) No formal contests of any kind shall be held without prior written approval of
the director.
(5) An adult must accompany skaters under the age of eight years.
(6) Use of a skate park facility is voluntary; users assume risks and dangers
associated and incidental to the skate facility.
(c) Motorized Foot Scooters and similar devices. It is unlawful for any person to operate
or ride a motorized foot scooter or similar device, as defined in FWCC Chapter 15 Article IX-,
upon any City park property, including sidewalks, streets, paths, trails and similar travel ways.
unless specifically marked as being allowed. Where specifically allowed, they must be ridden in
compliance with the regulations and subject to the penalties located in FWCC Chapter 15,
Article IX-. The restriction stated in this subsection does not apply to a motorized foot scooter or
similar device when that device is operated by a person with a mobility impairment caused by a
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physical disability who uses that device to enhance that person's mobility. (Ord. No. 91-82, ~
1(24),1-8-9]; Ord. No. 0]-396, § ]0,7-3-01)
Section 6. Chapter 15, "Traffic and Vehicles," Table of Contents, is hereby amended to
read as follows:
Chapter 15
TRAFFIC AND VEHICLES
Articles:
I. -In General
II. -Driving While Under Influence of Intoxicating Liquor or Drug
III. -Speed Limits
IV. -Stopping - Standing - Parking
V. -Motor Vehicles
VI. -Bicycles
VII. -Commute Trip Reduction (CTR) Plan
VIII. -Impoundment of Vehicles Driven by Suspended/Revoked Drivers
IX. Motorized Foot Scooters and Similar Devices
Section 7. A new Article IX is hereby added to Chapter 15, "Traffic and Vehicles" of
the Federal Way City Code to read as follows:.
Article IX.
MOTORIZED FOOT SCOOTERS AND SIMILAR DEVICES
Sections:
15-240
] 5-24]
15-242
15-243
15-244
15-245
15-246
Definitions.
Areas of Operation.
Time of Operation.
Rules of Operation.
Noise.
Responsibility.
Penalty.
] 5-240 Definitions.
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(a) "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 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.
(b) "Similar devices" means any device that: (1) matches the definition of a
motorized foot scooter except for the size of the device's wheels; and (2) cannot be defined as a
motor-driven cycle, a moped, an electric-assisted bicycle, or a motorcycle.
15-241 Areas of Operation.
It is unlawful for any person to operate or ride a motorized foot scooter or similar device
upon park property as stated in Section 11-86(c) of this Code, Parks and Recreation, upon city
sidewalks, or upon streets with a maximum speed limit above 25 miles per hour. This section
does not apply to electric motorized foot scooters and similar devices when that device is
operated by a person with a mobility impairment caused by a physical disability who uses that
device to enhance that person's mobility.
15-242 Time of Operation.
No motorized foot scooter or similar device shall be operated from the half hour
following sunset until the half hour before sunrise.
15-243 Rules of Operation.
(a) No motorized foot scooter shall be operated on streets or other public areas not
otherwise prohibited by this Article to motorized foot scooters unless the operator is at least 16
years of age. No operator's license is required from the Department of Licensing to operate a
motorized foot scooter.
(b) Any person operating a motorized foot scooter, or similar device, 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 or flagger.
(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 preparing for a left turn, the 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
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the roadway on foot, subject to the restrictions placed on pedestrians in Chapter 46.6 I RCW.
( e) N a motorized foot scooter or similar device shall be ridden or operated in a
negligent or unsafe manner but shall be operated with reasonable regard for the safety of the
operator and other persons. For the purposes hereof, to operate in a negligent manner means the
operation of a motorized foot scooter, or similar device in such a manner as to endanger or be
likely to endanger any person or property. Examples of operating in a negligent manner include,
but are not limited to, failure to obey traffic-control devices, and failure to yield right-of-way to
pedestrians and/or vehicular traffic.
(f) No motorized foot scooter, or similar device shall be operated with any
passengers in addition to the operator.
(g) Every motorized foot scooter shall be equipped with a red reflector on the front
and rear of a type approved by the State Patrol, which shall be visible from all distances up to six
hundred (600) feet when directly in front oflawfullower beams of head lamps on a motor
vehicle.
(h) No motorized foot scooter or similar device shall be operated without the operator
wearing a properly fitted and fastened helmet.
(i) No motorized foot scooter or similar device shall be operated without a mut11er.
(j) Handlebars must not exceed shoulders of the rider.
(k) Motorized foot scooters and similar devices must have a working brake that will
enable the operator to make the braked wheels skid on dry, level, clean pavement.
(I) A motorized foot scooter and similar device must have all other equipment
required by state or local law.
(m) At all times, operators of motorized foot scooters and similar devices shall yield
the right-of-way to pedestrians and human-powered devices and shall give an audible signal
before overtaking and passing a pedestrian or human-powered device.
15-244 Noise.
No motorized foot scooter or similar device shall be operated in a manner that violates
the City's noise ordinance in Chapter 10 Article II of this Code, or any other state or local law.
15-245 Responsibility.
No person shall do any act forbidden by this article or fail to perform any act required in
this article. The parent of any child and the guardian of any ward shall not authorize or
knowingly permit any such child and/or ward to violate any of the provisions of this article.
12-246 Penalty.
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(a) Any person violating any provision of this article shall be guilty of a traffic
infraction and shall be punished by the imposition of a monetary penalty not to exceed $250.00,
exclusive of statutory assessments, provided that conduct that constitutes a criminal trafÌÌc
offense may be charged as such and is subject to the maximum penalties allowed for such
offenses.
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Scooter safety school.
(1) In addition to the other means of enforcement provided in this article, a
scooter safety school is hereby authorized to be administered jointly by the department of public
safety and the department of parks, recreation and cultural services as a diversion program
available to those who violate the provisions of this chapter for the first time.
(2) The purpose of the scooter safety school is to offer those who have
violated the provisions of this chapter for the first time instruction, education, and information
regarding the proper, lawful, and safe operation of scooters and similar devices, including but not
limited to the state motorized foot scooter regulations in Title 46 RCW, the rules of the road, and
the limitations of persons, vehicles, and bicycles on roads, streets, and highways under varying
conditions and circumstances.
(3) The department of public safety and department of parks, recreation &
cultural services shall charge a fee to scooter school participants for the purpose of reimbursing
some or all of the cost of administering the scooter school. The amount of the fee shall be as
established or amended by the City Council by resolution. Participants in the scooter school shall
remit said fee to the management services department in accordance with the procedures
established by the department of public safety.
(b)
Section 8. Severability. The provisions of this ordinance are declared separate and
severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion a r this
ordinance or the invalidity of the application thereof to any person or circumstance, shall not afTect
the validity of the remainder of the ordinance, or the validity of its application to other persons or
circumstances.
Section 9. Ratification. Any act consistent with the authority and prior to the
effective date of this ordinance is hereby ratified and affirmed.
Section 10. Effective Date. This ordinance shall be effective five days after its
passage, approval and publication as provided by law.
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PASSED by the City Council of the City of Federal Way this
September ,200~
M
APPROVED AS TO FORM:
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í '/, 21- V, Æ:t<:ßuU/"£a-
crfy ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO. 04-464
8/31/04
9/21/04
9/25/04
9/30/04
!\.:lorùinI20041111otorizcùscoo!crs I 0.21.04
Rcviscù 7II 9/04
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21st
day of