ORDINANCE NO. 650
AN ORDINANCE OF THE TOWN OF NACHES, WASHINGTON, ADDING CHAPTER 9.16: BICYCLES AND OTHER RECREATIONAL WHEELS
WHEREAS, the Town of Naches has seen an increase in the use of bicycles, motorized foot scooters and other recreational wheels, including, but not limited to skateboards, in the Town; and
WHEREAS, the Town of Naches is concerned for the safety of the public while using high-traffic public sidewalks of the Town of Naches for shopping, business, recreation and leisure; and
WHEREAS, the Town Council finds that protection of the health, safety and welfare of the citizens of the Town of Naches supports regulating bicycles, motorized foot scooters, and other recreational wheels as outlined herein; and
WHEREAS, Article XI , section 11 of the Washington State Constitution allows for local governments to make and enforce all local police, sanitary and other regulations not in conflict with general laws; and
WHEREAS, the Town Council of the Town of Naches finds it is in the best interest of the citizens of the Town of Naches to regulate the use of bicycles and recreational wheels;
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF NACHES, WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1: Chapter 9.16: Bicycles and other Recreational Wheels shall be added to the Naches Municipal Code as follows:
Chapter 9.16
Bicycles and other Recreational Wheels
Sections:
9.16.010Purpose
9.16.020Definitions
9.16.030Use Prohibited: Locations
9.16.040Negligent Operation
9.16.050Impoundment
9.16.060Parental Responsibility
9.16.070Penalty
9.16.010Purpose.
The Town Council finds that the regulation of the use and/or operation of bicycles and other recreational wheels within portions the Town of Naches is a serious public safety concern, especially the safety of minor persons and others upon the public highways, and all person on heavily-traveled sidewalks of the Town of Naches. Toward that end, this chapter is aimed at preserving the public safety within the town.
9.16.020Definitions.
The following definitions apply to this chapter:
(a) “Bicycle” means any bicycle, tricycle, unicycle or other mode of transportation propelled by human force on which a person sits and pedals.
(b) “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. Motorized foot scooter does not include motorcycles, mopeds or electric-assisted bicycles.
(c) “Operate in a negligent manner” means the operation of a bicycle, motorized foot scooter or recreational wheels 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 all traffic control devices, and failure to yield right-of-way to pedestrians and/or vehicular traffic.
(d) “Recreational wheels” means any wheeled, operator-propelled equipment which transports the operator on land, except wheelchairs or other operator-propelled equipment used for medical or disability purposes. Recreational wheels include, but are not limited to, skateboards, roller skates, or coasters. Recreational wheels does not include a bicycle.
(e) “Ride” and/or “riding” means standing with one or both feet touching the bicycle or recreational wheels, or standing, crouching, sitting, or lying upon the bicycle or recreational wheels while it is in motion.
9.16.030Use Prohibited: Locations
(a) No person shall ride a motorized foot scooteror other recreational wheels upon any street, sidewalk or public parking lot along Naches Avenue between U.S. Highway 12 and Third Street, or along Second Street between Naches Avenue and Sinclair Avenue.
(b) No person shall ride a bicycle upon any sidewalk or public parking lot along Naches Avenue between U.S. Highway 12 and Third Street, or along Second Street between Naches Avenue and Sinclair Avenue. Bicycles shall follow the rules of the road when riding upon the streets referenced herein.
(c) No person shall ride a bicycle, motorized foot scooter or other recreational wheels on the Naches Depot property, parking lot, or adjacent park areas. Bicycles and recreational wheels shall be dismounted upon entering Naches Depot property, and walked, or carried while on Naches Depot property.
(d) No person shall ride a motorized foot scooter or recreational wheels along Washington State Highway 12 within the town limits of the Town of Naches.
9.16.040Negligent Operation.
It is unlawful for any person to operate a bicycle, motorized foot scooter or recreational wheels in a negligent manner upon any roadway, sidewalk or other area within the town of Naches.
9.16.050Impoundment.
Any law enforcement officer is authorized and empowered to administer the provisions of this chapter. Bicycles, motorized foot scooters and recreational wheels used by any minor child under eighteen years of age in violating any of the provisions of this chapter, or any other ordinance of the Town of Nachesmay be impounded for a period not to exceed 10 days. The impoundment of the bicycle, motorized foot scooter or other recreational wheels shall be for the limited purpose of placing the minor child’s bicycle, motorized foot scooter, or other recreational wheels in the possession of the child’s parent or legal guardian. Upon impound, the law enforcement officer shall contact the parent or guardian and advise him or her of the impound and the location where the bicycle, motorized foot scooter or recreational wheels may be obtained.
9.16.060Parental Responsibility.
It is unlawful for every parent, guardian, or other adult person having the care and custody of any minor child to knowingly permit such a minor child to violate this chapter.
9.16.070Penalty.
Any person violating any provision of this chapter for the first time shall be guilty of a civil infraction and, upon a finding that the infraction was committed, shall be subject to a monetary penalty of $250.00. Upon a second finding that a civil infraction for violation of this chapter has been committed, the person violating this chapter shall be subject to a monetary penalty of $500.00. Every subsequent finding shall be a misdemeanor, punishable by a fine of up to $1,000.00 and/or up to ninety days in jail.
Section 2: This ordinance shall be effective five (5) days after publication of a summary thereof.
PASSED BY THE TOWN COUNCIL, of the Town of Naches, Washington this ___ day of September, 2009.
Eric Wolfe, Mayor
ATTEST:
Tanya Luke, Town Clerk/Treasurer
APPROVED AS TO FORM:
Sara L. Watkins, Town Attorney
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