AN ORDINANCE ADDING A NEW CHAPTER 10.30 TO THE FORKS MUNICIPAL CODE TO INCLUDE REGULATIONS FOR THE OPERATION OF MOTORIZED SCOOTERS WITHIN THE CITY LIMITS,  REQUIRING  HELMETS AND PROVIDING FOR ENFORCEMENT AUTHORITY AND PENALTIES.


WHEREAS, effective August 01, 2003, Senate Bill 5450 authorized the operation of motorized scooters on public roadways; and



WHEREAS, Senate Bill 5450 allows local jurisdictions to further regulate, restrict, and limit the operation of motorized scooters through resolution or ordinance; and



WHEREAS, the City of Forks is concerned about traffic and pedestrian safety, as well as the safety of all its citizens.



NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FORKS DO ORDAIN AS FOLLOWS:



Section 1.  FMC Chapter 10.30 added. A new chapter of FMC Title 10 is hereby added as follows:
Chapter 10.30

MOTORIZED SCOOTERS

Sections:

10.30.010 Purpose

10.30.015 Definitions

10.30.020 Operation of motorized scooters

10.30.025 Helmet Required

10.30.030 Parent Responsibility

10.30.040 Violation – Enforcement authority and Penalties

10.30.050 Seizure and forfeiture



10.30.010 Purpose



(1) This chapter is enacted as an exercise of the authority of the City of Forks to protect and preserve the public health and welfare. Its provisions shall be liberally construed for the accomplishment of these purposes.

(2) It is the express purpose of this chapter to provide for and to promote the health and welfare of the general public and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefitted by the terms of this chapter.

(3) It is the specific intent of this chapter to place the obligation of complying with its requirements upon any person falling within this scope, and no provision of, nor term used in, this chapter is intended to impose any duty whatsoever upon the City of Forks or any of its officers or employees, for whom the implementation or enforcement of this chapter shall be discretionary and not mandatory.

(4) Nothing contained in this chapter is intended to be, nor shall be construed to create or to form the basis for, a liability on the part of the City of Forks, or its officers, employees or agents, for any injury or damage resulting from the failure of any person subject to this chapter to comply with this chapter, or by reason or in consequence of any act or omission in connection with the implementation or enforcement of this chapter on the part of the City of Forks by its officers, employees or agents.



10.30.015 Definitions.

As used in this chapter, the following terms shall have the meanings indicated unless every context clearly requires otherwise:

(1)      “Motorized 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.

(2) “Guardian” means a parent, legal guardian, an adult with custody, or temporary guardian, who maintains responsibility, whether voluntary or otherwise, for the safety and welfare of a person under the age of 18 years.

(3)      “Helmet” means a head covering that meets or exceeds safety standards adopted by Standard Z-90.4 set by the American National Standards Institute (ANSI), or the Snell Foundation, or such subsequent nationally recognized standard for bicycle helmet performance as the City council may adopt.

(4) “Public area” means public roadways, bicycle paths, parks, or any right-of-way or publicly owned facility under the jurisdiction of the City of Forks.



10.30.020 Operation of motorized scooters.

(1) Motorized scooters shall not be operated upon a public roadway:

(a) by any person under 12 years of age;

(b) by any person between 12 and 16 years of age without the direct visual and physically present supervision of a guardian or an adult 18 years of age or older;

(c) by all other persons unless in accordance to the requirements and conditions established by this ordinance;

(2) Motorized scooters shall not be operated on public roadways with a speed limit of greater than 25 miles per hour.

(3) Operators of motorized scooters shall adhere to all rules of the road applicable to motorized vehicles.

(4) Motorized scooters shall not be operated on city owned property, city parks, upon designated walkways, pathways, sidewalks or any other place where motorized vehicles are expressly prohibited and/or prohibited by posted signs.

(5) Motorized scooters shall not be operated anytime during one half-hour after sunset to one half-hour before sunrise.

(6) At no times shall a passenger be allowed to ride on a motorized scooter.

(7) Motorized scooters shall not be operated in a negligent manner upon any roadway or city right of way within the City of Forks.  For the purpose of this section, “to operate in a negligent manner” means to operate a motorized scooter in such a manner as to endanger or be likely to endanger any person or property or to obstruct, hinder or impede the lawful course of travel of any motor vehicle or the lawful use by any pedestrian of public streets, sidewalks, alley, parking areas, trails or public parks within the City of Forks.

(8) Motorized scooters shall be equipped so 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.

(9)  Operation of a motorized scooter without a muffling device in good working order and in constant operation to prevent excessive or unusual noise, or operation with a modified muffling device is unlawful and a violation of this chapter.

(10) No person shall transport another person on or in tow of a motorized scooter upon any public area in the jurisdiction of the City of Forks.

(11) No person shall participate, organize or promote a race of motorized scooters upon any public area in the jurisdiction of the City of Forks without having been granted the expressed, written approval of the City of Forks.



10.30.025 Helmet required

Any person operating a motorized scooter upon any public area in the City of Forks shall wear an approved helmet designed for safety that meets or exceeds the standards described at 10.30.015, and shall have either the neck or chin strap of the helmet fastened securely while the motorized scooter is in motion.  A parent or guardian is responsible for requiring that a child under the age of 18 years wears an approved helmet while operating or riding as a passenger on a motorized scooter in any public area in the City of Forks, and has the neck or chin strap of the helmet fastened securely.



10.30.030 Parent responsibility.

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 scooter in violation of this chapter.



10.30.040 Violation – Enforcement authority and Penalties.

The City of Forks Police Department personnel shall be responsible for enforcing the provisions of this chapter. Upon determining a violation of this chapter has occurred, law enforcement officers may, at their discretion, issue a civil infraction in the following amounts to any adult person, minor sixteen years old or older, including a parent or guardian of a minor under sixteen who is violating or permitting the violation of any of the provisions of this chapter. In any case, the amount shall not exceed $250.00. In addition to issuing an infraction, law enforcement officers may impound the motorized scooter in accordance with 10.30.050.



The following monetary penalty shall apply for each offense, not inclusive of court costs:



(1)                  First Offense -  $50

(2)  Second Offense - $100

(3) Third Offense - $200



Payment of civil fines to the District Court within three business days of the issuance of the Notice of Violation (not including weekends and legal holidays) shall reduce the amount of the fine owing by fifty percent (50%); HOWEVER, any administrative adjudication of the infraction shall not reduce or remove the amount of the court cost to be collected in addition to the fine by the District Court.





10.30.050 Seizure

All motorized scooters operated in violation of this chapter are subject to seizure.  Any person found to be riding a device in violation of this chapter as specified in this chapter may be subject to the impoundment of the device. If the violator is a minor, the device will only be released to a parent or legal guardian upon proof of ownership and payment of any associated fees with towing, impoundment, and/or storage.




Section 2. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance.



PASSED by the City Council and APPROVED by the Mayor of the City of Forks

this ____ day of _____________, 2005.





Nedra Reed

Mayor



Attested and Authenticated to by:





R. Daniel Leinan

Clerk/Treasurer



Approved as to Form:





William R. Fleck
Attorney/Planner