Chapter 8.06 SKATEBOARDS, ROLLER SKATES, COASTERS, IN-LINE SKATES, MOTORIZED FOOT SCOOTERS, AND SIMILAR DEVICES

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1 Chapter 8.06 SKATEBOARDS, ROLLER SKATES, COASTERS, IN-LINE SKATES, MOTORIZED FOOT SCOOTERS, AND SIMILAR DEVICES Sections: Definitions Duty to Obey Traffic-Control Devices and Rules of the Road Unsafe Use Prohibited Prohibited Areas for Motorized Foot Scooters Requirements for Operating Motorized Foot Scooters Exceptions No Public Duty Created Violation - Penalty Section Definitions. A. "County" means Clark County, Washington. B. "Coasters" means a footboard mounted upon two or more wheels, controlled by an upright steering handle, and is most often propelled by the user usually in an upright position or kneeling. C. "In-line skates" has its ordinary meaning and means a pair of shoes or boots, mounted upon three or more sets of wheels located one behind the other under the attached shoe or boot, and is most often propelled by the user in an upright, standing position. D. "Street" shall mean every way, lane, road, alley, street, boulevard, highway, parking area and every way or place in the City of Vancouver adopted to and fitted for travel that is in common use by the public with consent, implied or express, of the owner. E. "Roller-skates" has its ordinary meaning and means a pair of shoes mounted upon two sets of wheels, most often propelled by the user in an upright, standing position. F. "Sidewalk" means that property between the curb lines or the lateral lines of a roadway and the adjacent property, set aside and intended for the use of pedestrians or such portion of private property parallel and in proximity to a public highway and dedicated to use by pedestrians. G. "Skateboard" has its ordinary meaning and includes a board constructed of any material with wheels affixed to the underside, designed to be ridden by a person. H. "Motorized foot scooter" is 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. I. "Pocket bike" shall mean a gasoline powered mini-motorcycle, pursuant to RCW As such, all equipment, registration, helmet requirement, and driver license restrictions which apply to motorcycles shall apply to pocket bikes. Pocket bikes shall not be considered motorized foot scooters under this chapter.

2 J. "Helmet" means a protective covering for the head consisting of a hard outer shell, padding adjacent to and inside the outer shell, and a neck or chin strap type retention system, with a label as required by the Federal Consumer Product Safety Commission and as adopted by the Code of Federal Regulations (16 C.F.R. 1203). K. "To operate in a negligent manner" means the operation of one or more of the above-described devices 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, failure to yield right-of-way to pedestrians and/or vehicular traffic. (M-3886, Amended, 07/21/2008, Sec 1-Effective 8/20/2008; M-3669, Added, 10/18/2004, Sec 2) Section Duty to Obey Traffic-Control Devices and Rules of the Road. Any person operating a skateboard, roller skates, coaster, in-line skates, motorized foot scooter, or similar device shall obey all rules of the road applicable to vehicle or pedestrian traffic, as well as obey the instructions of official traffic-control signals, signs and other control devices applicable to vehicles, unless otherwise directed by a police officer. Failure to adhere to this provision shall subject the operator to enforcement under this chapter and any applicable RCW provision. Section Unsafe Use Prohibited. A. No skateboard, roller skates, coaster, in-line skates, motorized foot scooters, or similar device shall be ridden in a negligent or unsafe manner but shall be operated with reasonable regard for the safety of the operator and other persons. B. It shall be unlawful for anyone to roller skate, in-line skate, use a coaster, toy vehicle, motorized foot scooter or any similarly situated device or to ride a skateboard or motorized foot scooter in any public plaza, building or in any parking lot owned, leased or operated by the city or county or to ride a skateboard in any part of Esther Short Park; or to be operated upon privately owned property without the express permission of the owner. C. Operation of skateboards, in-line skates, roller skates, coasters, toy vehicles, motorized foot scooters and similar devices. 1. Negligent operation. Every person using a skateboard, in-line skates, roller-skates, a coaster, toy vehicle, motorized foot scooter, or any device similar to the foregoing upon any sidewalk or public path where they are not other prohibited, shall use the same in a careful and prudent manner and at a rate of speed no greater than is reasonable and proper under the conditions existing at the point of operation, taking into account the amount and character of pedestrian traffic, grade and width of sidewalk or public path, and condition of surface. Ever person using a skateboard, roller-skates, in-lines skates, coasters, toy vehicles or any similar devices upon a sidewalk or public path shall yield the right-of-way to any pedestrian thereon, and shall obey all traffic-control devices. 2. Interference with vehicular or pedestrian traffic is prohibited. No person upon a skateboard, in-line skates, roller skates, coaster, toy vehicle, motorized foot scooter or any device similar to the foregoing, shall interfere with or restrict the flow of vehicular or pedestrian traffic in any manner whatsoever. 3. Operation of skateboards, in-line skates, roller skates, coasters, toy vehicles, motorized foot

3 scooters, and similar devices after dark. No person upon a skateboard, in-line skates, roller skates, coaster, toy vehicle, or any device similar to the foregoing, shall ride upon public highway or public sidewalk during the hours between one-half hour after sunset and one-half hour before sunrise without wearing a reflective device on his/her front and back. 4. Clinging to motor vehicle. No person upon a skateboard, in-line skates, roller skates, coaster, toy vehicle, motorized foot scooter, or any device similar to the foregoing, shall attach the same or himself or herself to any moving vehicle upon any public highway. 5. Speeding prohibited. No person upon a skateboard, in-line skates, roller skates, coaster, toy vehicle, motorized foot scooter, or any device similar to the foregoing, shall exceed a speed of 25 miles per hour. 6. Confiscation of property. A law enforcement officer having probable cause to believe a violation of this chapter has been committed shall have the authority to confiscate the skateboard, in-line skates, roller skates, coaster, toy vehicle, motorized foot scooter or similar device used in violation of this chapter, and hold the same as evidence pending adjudication of the infraction. The officer shall issue a notice of impoundment to the offender, which shall describe the procedures to obtain the return of the confiscated property. a. Special requirements for offenses committed by juveniles. If a person under the age of sixteen commits a violation under this chapter, the Vancouver Police shall have the authority to impound the skateboard, in-line skates, roller skates, coaster, toy vehicle, motorized foot scooter or similar device, and issue a notice of impoundment to the offender or his or her parent or guardian, if then and there present. b. Return of Impounded skateboard, in-line skates, roller skates, coaster, toy vehicle, motorized foot scooter or similar device: 1. Standing to obtain return of property. The owner, (or in the case of a juvenile, his or her parent or guardian), of the skateboard, in-line skates, rollers skates, coaster, toy vehicle, motorized foot scooter or similar device may request a hearing in order to obtain a return of said device. 2. Requesting a hearing. A request to have the skateboard, in-line skates, roller skates, coaster, toy vehicle, motorized foot scooter or similar device returned, shall be in writing, signed by the person requesting its return, and shall be filed with the city clerk no more than ten (10) calendar days from the date of impoundment. Any person requesting a hearing shall submit payment of a fee of $ along with their application. 3. Content of hearing request. The written request shall state the name and address of the owner and the reasons the device should be returned to the owner. 4. Failure to request a hearing Failure to request the return of the device constitutes a waiver of all right to an administrative hearing and determination of the matter. The device will then be disposed of by the City in accordance with its procedures on abandoned property. 5. Hearing Procedure. The hearings examiner, upon a review of the Police Reports(s), and any testimony of the offender, may a. Order the return to the skateboard, in-line skates, roller skates, coaster, toy vehicle, motorized foot scooter or similar device;

4 b. May condition such return upon payment of a civil penalty up to the full amount of the civil infraction. ($250); c. May order the forfeiture of the device; or d. Upon a finding that no violation of this chapter occurred, authorize the hearing fee be refunded. 7. Law enforcement officers commissioned by the City of Vancouver are authorized to issue a notice of infraction upon certification that the officer has probable cause to believe, and does believe, that a person has committed an infraction contrary to the provisions of this section. (M-3886, Amended, 07/21/2008, Sec 2-Effective 08/20/2008; M-3669, Added, 10/18/2004, Sec 2) Section Prohibited Areas for Motorized Foot Scooters Motorized foot scooters are prohibited from use in all city parks, sidewalks, bike or pedestrian paths. Every person operating a motorized foot scooter upon a roadway at a rate of speed that is less than the normal flow of traffic shall ride as near to the right side of the right lane as is safe except as may be appropriate while preparing to make or while making a turning movements, or while overtaking and passing another bicycle or motorized foot scooter proceeding in the same direction. A person operating a motorized foot scooter must use the bicycle lane, or bikeway portion of the roadway, when such bicycle lane or bikeway is provided. Persons riding motorized foot scooters upon a roadway shall ride them in single file. Motorized foot scooters shall be prohibited from use on limited access highways. Section Requirements for Operating Motorized Foot Scooters A. Minimum age. No motorized foot scooter shall be operated on streets or other public areas not otherwise prohibited by this chapter to motorized foot scooters unless the operator is at least fourteen years of age. No operator's license is required from the Department of Licensing to operate a motorized foot scooter. B. Helmet and reflectors. The following equipment shall be required whenever a motorized foot scooter is operated on streets or other public property within the city: 1. Helmet required. Any person operating a motorized foot scooter or riding as a passenger on or in tow of a motorized foot scooter upon any public area in the City of Vancouver shall wear an approved helmet designed for safety and shall have either the neck or chin strap of the helmet fastened securely while the motorized foot scooter is in motion. No person shall transport another person on or in tow of a motorized foot scooter upon any public area in the jurisdiction of the City of Vancouver, unless the passenger is wearing a helmet that meets the requirements of this chapter. 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 foot scooter in any public area in the City of Vancouver, and has the neck or chin strap of the helmet fastened securely. 2. Reflectors and lighting required. A motorized foot scooter must be affixed with visible reflectors of a type approved by the Washington State Patrol whenever the vehicle is operated at any time between one-half hour after sunset until one-half hour before dawn. Additionally, every motorized foot scooter which is operated upon a public highway within the City of Vancouver, at any time from one-half hour

5 after sunset to one-half hour before sunrise, and at any other time when, due to insufficient light or unfavorable atmospheric conditions, persons and vehicles on the public highway are not clearly discernable, at a distance of 1,000 feet ahead, shall display a lighted headlight, lighted stoplight, and lighted turn signals, in addition to the reflectors. C. Mufflers required. Any gas powered motorized foot scooter shall be equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise. Modification of the muffling device is unlawful. Section Exceptions This chapter shall not apply to any disabled person using a wheelchair conveyance as defined in RCW , strollers used to transport small children or city equipment. Section No Public Duty Created A. It is expressly the purpose of this ordinance 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 or individual who will or should be especially protected or benefited by the terms of this ordinance. B. Nothing contained in this ordinance is intended nor shall be construed to create or form the basis of any liability of 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 ordinance by its officers, employees or agents. Section Violation - Penalty Any violation of this chapter shall be a class one civil infraction punishable by a fine not to exceed two hundred fifty dollars, not including statutory assessments.