[1]
Prior legislation: Ords. 544, 623, 688 and 698.
The City of Lake Stevens has created this chapter to assist in protecting the public from harm, and to establish a uniform policy for the proper use of public rights-of-way by any bicycle, motorized foot scooter, and/or wheeled recreational device and for the enforcement of violations.
The provisions of this chapter shall apply to bicycle, skate, motorized foot scooter, and similar vehicles and to all other wheeled recreational devices that are not otherwise regulated by state law.
The regulations of this chapter shall not apply to any vehicle used by a disabled person as defined by RCW 46.16.381.
Nothing in this chapter shall be interpreted to impose a duty on the City to provide or maintain roadways, sidewalks, paths or other surfaces to be safe for travel of any wheeled recreational device, vehicle, or mode of transportation, unless and then only to the extent specifically required by the general laws of the state.
(Ord. 997, Sec. 2, 2017)
(a) 
The following sections of the Revised Code of Washington (RCW) pertaining to the operation of nonmotorized vehicles, including bicycles, as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.61.750, 46.61.755, 46.61.758, 46.61.760, 46.61.765, 46.61.770, 46.61.775, 46.61.780, and 46.61.790.
(b) 
Any "user" that enters or travels on a public right-of-way or City street must comply with all rules of the road set forth in Chapter 308-330 WAC and the restrictions in subsection (a) of this section, as if fully set forth herein.
(c) 
Sidewalks/Walkways. Unless otherwise prohibited by proper signage, all "users" using public sidewalks/walkways, constructed or assumed, must yield to pedestrians and must give a verbal warning if overtaking.
(d) 
Bicycle Lanes. Designated "bicycle lanes" may be used for both directions of travel if there is a bicycle lane on only one side of the roadway.
(Ord. 997, Sec. 2, 2017)
(a) 
No person shall operate a moped upon the highways of this City or the state highways unless the moped has been assigned a moped registration number and displays a moped permit in accordance with RCW 46.16A.405(2).
(b) 
Notwithstanding any other provision of law, a moped may not be operated on a bicycle path or trail, bikeway, equestrian trail, or hiking or recreational trail.
(c) 
Operation of a moped, electric personal assistive mobility device, motorized foot scooter, or an electric-assisted bicycle on a fully controlled limited access highway is unlawful. Operation of a moped, motorized foot scooter, or an electric-assisted bicycle on a sidewalk is unlawful.
(d) 
Removal of any muffling device or pollution control device from a moped is unlawful.
(e) 
Subsections (a), (b), and (d) of this section do not apply to electric-assisted bicycles. Electric-assisted bicycles and motorized foot scooters may have access to highways, other than limited access highways, of the state or City to the same extent as bicycles. Subject to subsection (f) of this section, electric-assisted bicycles and motorized foot scooters may be operated on a multipurpose trail or bicycle lane.
(f) 
Subsections (a) and (d) of this section do not apply to motorized foot scooters. Subsection (b) of this section applies to motorized foot scooters when the bicycle path, trail, bikeway, equestrian trail, or hiking or recreational trail was built or is maintained with federal highway transportation funds. Additionally, any new trail or bicycle path or readily identifiable existing trail or bicycle path not built or maintained with federal highway transportation funds may be used by persons operating motorized foot scooters only when appropriately signed. All restrictions and regulations applicable to wheeled recreational devices in Section 7.36.030 shall apply to motorized foot scooters.
(g) 
A person operating an electric personal assistive mobility device (EPAMD) 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. Except for the limitations of this subsection, persons operating an EPAMD have all the rights and duties of a pedestrian.
(h) 
The use of an EPAMD is regulated as follows:
(1) 
The operation of an EPAMD on public highways within the City is prohibited where the speed limit is greater than 25 miles per hour;
(2) 
The operation of an EPAMD within the boundaries of any area used for recreation, open space, habitat, trails, or conservation purposes is prohibited if City signs indicate it is prohibited.
(Ord. 997, Sec. 2, 2017)
(a) 
It is unlawful for any person to operate a wheeled recreational device, as that term is defined in Section 7.04.010:
(1) 
On any City street unless such person is 16 years of age or older;
(2) 
With a passenger in addition to the operator or tow any type of device;
(3) 
On any City street with a maximum speed limit above 25 miles per hour, unless the device is operated within a designated bicycle lane;
(4) 
On any City property that is not a street;
(5) 
In any park;
(6) 
Upon any bicycle path or trail that is not a designated bicycle lane, or upon any equestrian, hiking or recreational trail, unless such path, land, or trail is properly signed for such use;
(7) 
Upon any sidewalk/walkway, except as may be necessary to enter or leave adjacent property;
(8) 
Before sunrise or after sunset without lights.
(b) 
Any person operating a wheeled recreational device shall obey all the rules of the road as set forth in Chapter 308-330 WAC, as if fully set forth here, 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) 
No wheeled recreational 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 purpose of this section:
(1) 
"To operate in a negligent manner" means the operation of a wheeled recreational device in such a manner to endanger or be likely to endanger any person or property.
(2) 
Operation of a wheeled recreational device in excess of 15 miles per hour shall be prima facie evidence of operation in a negligent manner.
(Ord. 997, Sec. 2, 2017)
(a) 
No motorized foot scooter, wheeled recreational device or similar vehicle shall be operated in a manner that creates a continuous sound associated with a gasoline engine so as to unreasonably disturb or interfere with the peace and comfort of owners or occupants of real property. Nothing in this section shall limit enforcement of the City's Noise Ordinance of the Lake Stevens Municipal Code.
(b) 
It is unlawful to sell or operate a motorized foot scooter that is powered by an internal combustion engine that is not equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise.
(Ord. 997, Sec. 2, 2017)
A minor child riding a bicycle, skate, foot scooter, motorized foot scooter, or wheeled recreational device on publicly owned property or right-of-way shall wear a protective helmet that meets or exceeds the requirements of standard Z-90.4 set by the American National Standards Institute (ANSI) or the Snell Foundation, or a subsequent nationally recognized standard for helmet performance as the City may adopt. The helmet shall be properly worn over the head and equipped with either a neck or chin strap that shall be fastened securely while the bicycle, skate, foot scooter, motorized foot scooter, or wheeled recreational device is in motion.
(Ord. 997, Sec. 2, 2017)
(a) 
Any person violating the provisions of this chapter shall be deemed to have committed a traffic infraction. The fee for such violation shall be set equivalent to the Basic Rule violation as set forth in the Justice Information System (JIS) Law Table, as published by the Administrative Office of the Courts (AOC).
(b) 
In lieu of the penalty described above, or in addition thereto, any Lake Stevens Police Officer may utilize the following penalty provision for a person less than 18 years of age found operating a bicycle, skate, foot scooter, motorized foot scooter, or wheeled recreational device on City or public property.
(1) 
The officer may take custody of the device. If the officer does not impound the device, he or she may release it to an adult with supervision of the person less than 18.
(2) 
The officer must provide the violator with a written notice setting forth the procedure for reclaiming the device.
(3) 
The procedure for reclaiming the device shall be promulgated by the Chief of Police, and shall provide notice of the opportunity for a hearing, if requested.
(4) 
Only the parent or legal guardian of a minor violator or an adult owner can reclaim a bicycle, skate, foot scooter, motorized foot scooter, or wheeled recreational device impounded pursuant to this section.
(5) 
A fee for costs of impounds and administrative processing shall be paid to the City Clerk prior to the release of any property impounded under this alternative penalty. Such fee shall be designated in the City fee resolution and reviewed annually.
(Ord. 997, Sec. 2, 2017)
It is expressly the purpose of this chapter to provide for and promote the health, safety 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 benefited by the terms of this chapter. It is the specific intent of this chapter that neither provisions nor any term used in this chapter is intended to impose any duty whatsoever upon the City or any of its officers or employees. Nothing contained in this chapter is intended nor shall be construed to create or form the basis of any liability on the part of the City, or its officers, employees or agents, for any injury or damage resulting from any action or inaction on the part of the City related in any manner to the enforcement of this chapter by its officers, employees or agents.
(Ord. 997, Sec. 2, 2017)
The enactment of the ordinance codified in this chapter shall not affect any case, proceeding, appeal or other matter currently pending in any court or before the City or in any way modify any obligation, right or liability, civil or criminal, which may exist by virtue of any of the ordinances herein amended.
(Ord. 997, Sec. 2, 2017)
(a) 
The parent or guardian of a minor under 18 whose bicycle, skate, foot scooter, motorized foot scooter, or wheeled recreational device has been impounded may appeal the impound. Notice of appeal of the impound must be filed with the City Clerk within 14 days of the date of the impound. Upon timely receipt of the notice of appeal, the City Clerk shall schedule a hearing before the Administrative Appeal Officer. For this chapter the Administrative Appeal Official designated by the Mayor is the Chief of Police.
(b) 
The City Clerk shall give the appellant(s) at least 14 days' notice of the date and time set by the Administrative Appeal Official for the hearing.
(c) 
The Administrative Appeals Official may adopt reasonable rules and regulations for conducting such hearings. Nothing prevents the appellant(s) and the Administrative Appeal Official from reaching an amicable decision before or at the time of the hearing.
(d) 
The appellant(s) shall appear at the hearing in person, and may offer evidence pertinent and material to the notice of violation. The rules of evidence need not be followed. Sworn affidavits or declarations, and/or the in-person statements of any person may be considered.
(e) 
The decision of the Administrative Appeal Official shall be sent to the appellant(s) within 14 working days of the hearing.
(Ord. 997, Sec. 2, 2017)
If any section, sentence, clause or phrase of this chapter should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or constitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this chapter.
(Ord. 997, Sec. 2, 2017)