HomeMy WebLinkAbout2981 Operation of Bicycles, Skateboards and Other Wheeled VehiclesOrdinance No. 2981
AN ORDINANCE OF THE CITY OF PORT TOWNSEND ADDING TO
THE MUNICIPAL CODE A NEW CHAPTER REGULATING THE
OPERATION OF BICYCLES, SKATEBOARDS AND OTHER WHEELED
VEHICLES, AND PROVIDING PROHIBITIONS ON THEIR USE ON
CERTAIN SIDEWALKS, AND AMENDING CHAPTERS 10.32 -
BICYCLES, AND REPEALING CHAPTER 10.40 SKATEBOARDS AND
ROLLER-SKATES, TO REPEAL INCONSISTENT SECTIONS, AND
PROVIDING PENALTIES
WHEREAS, the City Council, to increase safety and reduce the likelihood of accidents,
determines it appropriate to prohibit the operation of bicycles, skateboards and other vehicles on
certain sidewalks (with exceptions), and provide that anyone legally operating a bicycle or other
vehicle on a sidewalk, public path or public trail exercise due care and announce his or her
presence when overtaking a pedestrian and operate with due care and caution when overtaking,
and provide that operators of bicycles, skateboards and other vehicles are subject to the rules of
the road.
NOW, THEREFORE, the City Council of the City of Port Townsend ordains as
follows:
SECTION 1. New Chapter. The City Council hereby adopts a new chapter to the
PTMC, Chapter 10.48 -Requirements for Bicycles, Skateboards, Rollerskates, and Other
Vehicles; Prohibited Use on Certain Sidewalks:
SEE ATTACHMENT A -ATTACHED HERETO AND INCORPORATED BY
REFERENCE
SECTION 2. AMENDMENT TO CHAPTER 10.32 -BICYCLES. The City
Council hereby amends Chapter 10.32 -Bicycles as follows (text in strikeout is deleted, text in
underline is added):
SEE ATTACHMENT B -ATTACHED HERETO AND INCORPORATED BY
REFERENCE
SECTION 3. REPEAL OF CHAPTER 10.40 -SKATEBOARDS AND ROLLER-
SKATES. The City Council hereby repeals Chapter 10.40 -Skateboards and Rollerskates as
follows (text in strikeout is deleted, text in underline is added):
SEE ATTACHMENT C -ATTACHED HERETO AND INCORPORATED BY
REFERENCE
Page 1 Ordinance 2981
SECTION 4. SEVERABILITY. If any provision of this ordinance or its application to
any person or circumstance is held invalid, the remainder of the ordinance, or the application of
the provision to other persons or circumstances, is not affected.
This ordinance shall take effect and be in force five days after the date of its publication
in the manner provided by law.
Adopted by the City Council of the City of Port Townsend, Washington, at a regular
meeting thereof, held this second day of September 2008.
fittest:
Pamela Kolacy, MC, City Clerk i
~~~~
Michelle Sandoval, Mayor
A~~proved as to Form:
C ~" c~-~
John P. Watts, City Attorney
Page 2 Ordinance 2981
Attachment A -Chapter 10.48 -Requirements for Bicycles, Skateboards, Rollerskates,
and Other Vehicles; Prohibited Use on Certain Sidewalks
A. Definitions
1. Vehicle. "Vehicle" includes every device capable of being moved upon a public highway
or roadway and in, upon, or by which any persons or property is or maybe transported or
drawn upon a public highway roadway, and includes but are not limited to the following:
a. Bicycles, as defined by RCW 46.04.071 as amended.
b. Mopeds, as defined by RCW 46.04.304 as amended.
c. Electric-assisted bicycle, as defined by RCW 46.04.169 as amended.
d. Electric personal assistive mobility device (EPAMD), as defined by RCW46.04.1695
as amended.
e. Motor-driven cycle, as defined by RCW 46.04.332 as amended.
£ Motorized foot scooter, as defined by RCW 46.04.336 as amended.
g. Motorcycle, as defined by RCW 46.04.330 as amended
h. Motor vehicle, as defined by RCW 46.04.320 as amended.
i. Roller skates.
j. Skateboards.
k. Tricycles and unicycles.
The term does not include vehicles, for example, wheelchairs, needed and used to
accommodate disabled persons (as defined by state or federal law).
2. Sidewalk. "Sidewalk" means a surface improved with concrete or asphalt between the
curb lines or the lateral lines of a roadway and the adjacent property, set aside and intended
for the use of pedestrians.
3. Skateboard. "Skateboard" is defined as a flat board or other material to which wheels
have been attached in such manner that the same may contain a person in a standing position
on the top thereof, and includes all such devices as may commonly be offered for sale as
"skateboards."
B. Rules of the Road.
Every person operating a vehicle as defined in Section A on a public highway or roadway shall
be granted all the rights and shall be subject to all the duties applicable to the driver of a motor
vehicle as defined in RCW 46.04.320, as amended, as set forth in Chapter 46.61 RCW Rules of
the Road as amended (except those provisions of that chapter which by their very nature can
have no application). RCW 46.04.320, as amended, and Chapter 46.61 RCW Rules of the Road
as amended are adopted by reference as if fully set forth herein.
C. Prohibition. In addition to any regulations or restrictions imposed under state law
(including, for example, RCW 46.61.710), it is unlawful for any person to ride or operate any
vehicle, as defined in Section A, upon the sidewalks (as defined in Section A) which are adjacent
to the streets set forth below, and other sidewalks and areas set forth below:
Page 1 Ordinance 2981 Attachment A
A. Water Street between Harrison Street and Jackson Street (both sides).
B. Washington Street between Harrison Street and Monroe Street (both sides).
C. The following cross streets between Washington Street and Front Sheet (or the shoreline)
(both sides):
1. Polk (only exists between Water and Washington);
2. Tyler;
3. Taylor;
4. Adams;
5. Quincy;
6. Madison;
7. Monroe (only exists between Water and Washington).
D. Uptown areas as follows (both sides):
1. Lawrence Street between Van Buren Street and Taylor Street;
2. Harrison between Lawrence Street and Lincoln Street;
3. Tyler Street between Lawrence Street and Lincoln Street.
E. Sidewalks immediately adjacent to the following buildings (but not sidewalks on the other
side of the street unless otherwise noted):
1. Post Office Building -bounded by Washington, Van Buren, Jefferson, and Harrison
Streets;
2. Courthouse - bounded by Jefferson, Walker, Franklin, and Cass Streets;
3. Community Center -bounded by Lawrence (both sides of Lawrence), Taylor (side
immediately adjacent to Center only), Clay (side immediately adjacent to Center only)
and Tyler Streets (both sides of Tyler).
F. Monroe Street between Lawrence Street and Water Street (both sides).
G. 12th Street between Landes Street and Haines Street (both sides), including the transit
passenger waiting area.
H. Haller Fountain and Terrace Steps, including the landscaped staircase and the entire area
lying between Washington Street and Jefferson Street on platted Taylor Street.
D. Exceptions. The prohibitions in Section C do not apply to the following vehicle use:
Page 2 Ordinance 2981 Attachment A
1. Vehicle use needed to accommodate a person with a disability as defined by state or
federal law.
2. Carts, or strollers pushed or pulled by a person.
3. Emergency vehicles, or vehicles needed for maintenance and repair of sidewalks.
4. Use by uniformed and plainclothes bicycle patrol officers, while conducting official
police business, or use by other City officials on official business.
5. Use consistent with special event permits issued by the City.
E. Operating vehicles on sidewalks, paths and trails.
In addition to any regulations or restrictions imposed under state law (including, for example,
RCW 46.61.710), and where legally allowed to do so, every person operating a vehicle as
defined in Section A upon a sidewalk, or public path or public trail shall:
1. When overtaking a pedestrian or operator of another vehicle (including those vehicles set
forth in Section D), announce his or her presence by bell, horn, or voice.
2. Not drive at a speed greater than is reasonable and prudent under the conditions and
having regard to the actual and potential hazards then existing. In every event speed shall
be so controlled as may be necessazy to avoid colliding with any person, vehicle or other
conveyance on or entering the highway or roadway in compliance with legal
requirements and the duty of all persons to use due caze.
3. Consistent with the requirements of subsection (2) of this section, drive at an appropriate
reduced speed when approaching and crossing an intersection, when approaching and
going around a curve, when approaching a hill crest, when traveling upon any narrow or
winding sidewalk, public path or public trail, and when special hazard exists with respect
to pedestrians or other traffic or by reason of weather or surface conditions.
4. Yield the right of way to any pedestrian on a sidewalk, or public path or public trail.
Subject to the exceptions in Section D, motorized or motor-assisted operation of vehicles on
sidewalks is prohibited.
F. Abetting violations prohibited.
It is unlawful for any parent or guazdian to authorize or abet the violation of this chapter or for
any adult to counsel, advise or direct a minor child to violate this chapter.
G. Impoundment of abandoned or violating vehicles.
Any vehicle found abandoned may be impounded by the Police Department.
Whenever a law enforcement officer has probable cause to believe that a vehicle was used or is
intended to be used in violation of this chapter, such vehicle may be seized as evidence and held
pending charges and/or until the disposition of the charge, Provided, the Police Department may
Page 3 Ordinance 2987-Aflachment A
release the vehicle at any time the Department determines it is not necessary to hold the vehicle.
If a vehicle is seized and held pending charges, the owner is entitled to its vehicle at the end of
10 days unless the vehicle is retained as evidence. At any time, the owner, following written
request to the Chief of Police, is entitled to a hearing before the Chief or designee on the
appropriateness of the seizure. Such hearing shall be held within seven calendar days of the
request for hearing.
The operator of the vehicle will be given written notice of impound procedures. No fee shall be
chazged. If the vehicle is not reclaimed within 30 days, it will be subject to sale or disposal
consistent with city procedures.
F. Penalty and Enforcement.
1. A violation of this chapter is a traffic infraction and shall be processed and administered
according to the procedures set forth in Chapter 46.64 RCW, and applicable court rules. The
penalty for any infraction established under this chapter shall be as follows:
The penalty as provided in the monetary penalty schedule (plus applicable court costs and
assessments) if the infraction involved a bicycle as adopted by the Supreme Court, as
amended, which is adopted by reference as if fully set forth herein;
If the infraction is unscheduled on the monetary penalty schedule, the penalty is $27.00 (plus
applicable court costs and assessments).
The penalties may be reduced, suspended or deferred in the discretion of the court. For any
violation, the court may waive, reduce or suspend the penalty and dismiss the notice of violation
as a w°arning for an individual who has not received a notice of violation of this chapter within
one year after the first court appearance for a violation, and provides proof that he or she has
attended a traffic safety class approved by the court or police department.
A separate violation exists if, after a person is issued a citation, a person continues, renews,
resumes, or commits a violation of this chapter, notwithstanding the second violation is within
the same day.
Any person charged with a violation under the provisions of this chapter shall respond to the
traffic citation in the manner set forth in Chapter 46.64 RCW, which is adopted by reference fox
the city. A notice of infraction may be issued by the chief of police or the chief's appointed
officers or by a specially commissioned police officer. "Law enforcement officer" in this chapter
includes any specially commissioned police officer.
The court shall send written notice to the parent or guardian of any person under the age of 18
involved in a traffic infraction under this chapter.
G. Purpose and Policy.
Page 4 Ordinance 2987 Anachment.4
1. It is the express purpose of this chapter to provide for and to 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 ~r~ll or should be especially protected or benefited by the terms of
this chapter.
2. Nothing contained in this chapter is intended to be, or shall be, construed to create a duty to
enforce this chapter or to form the basis for liability on the part of the City of Port Townsend or
its officers, employees, or agents, for any injury or damage resulting from the failure of any
person to comply with this chapter. No provision of this chapter is intended to impose any duty
upon the city or any of its officers or employees, which would subject them to damage in a civil
action.
Page 5 Ordinance 2987 Attachment A
Attachment B to Ordinance 2981
(text in strikeout is deleted, text in underline is added)
BICYCLES -
Chapter 10.32
Sections:
10.32.010 Definitions.
~ n ~~ non o„r.,,..t,.,J
N~~.~w.
10.32.030 License -Issuance -Fee -Term.
10.32.040 License -Transfer.
„ p..,........,,..
10.32.080 License -Alteration or destruction prohibited.
10.32.100 Possession by other than licensed possessor.
10.32.110 Police department duties.
10.32.120 Collected moneys disposition.
10.32.150 Purpose and policy
10.32.010 Definitions.
A "bicycle" is defined by RCW 46.04.071 as amended which is adopted by
reference as if fully set forth herein._~ •~ ti^•^ •~•"°°'°~' ••°" ^'^ ~^'°
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°n •i nnc
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u„dam°r +,"°'o::~~ of *"° °*z*° (Ord. 2948 § 2, 2007; Ord. 2906 § 1, 2005; Ord. 1784
§ 1, 1977; Ord. 1731 § 1, 1975).
en ao non i ~ v°...•:....~ -
10.32.030 License -Issuance -Fee -Term.
The chief of police is authorized and directed to issue, upon written application,
bicycle licenses which shall be effective when issued and remain good until
further amendment or repeal of the ordinance codified in this chapter. The fee for
such license shall be the sum of $5.00, which shall be paid at the time of the
issuance of the license. A license may be issued for an individual or the
individual's family. (Ord. 2906 § 1, 2005; Ord. 1784 § 2, 1977; Ord. 1731 § 3,
1975).
10.32.040 License -Transfer.
Bicycle licenses shall be transferable upon application made to the chief of
police, and upon payment of a transfer fee of $2.50. (Ord. 2906 § 1, 2005; Ord.
1731 § 4, 1975).
Page 1 Ordinance 2981-Attachment B
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10.32.080 License -Alteration or destruction prohibited.
It is unlawful to remove, deface, alter, mutilate or destroy any bicycle license
attached to a bicycle, or which has been attached to a bicycle. (Ord. 2906 § 1,
2005; Ord. 1731 § 8, 1975).
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10.32.100 Possession by other than licensed possessor.
Possession of a bicycle not licensed to the possessor thereof shall constitute
prima facie evidence of wrongful possession of the bicycle. (Ord. 2906 § 1, 2005;
Ord. 1731 § 10, 1975).
10.32.110 Police department duties.
The police department shall provide forms for applications, transfers and other
transactions under the terms of this chapter and shall keep a record of licenses
issued, to whom issued, description of bicycle, license numbers, identifying
Page 2 Ordinance 2987-Allachment B
numbers, and such other records as may be useful in the enforcement of this
chapter. (Ord. 2906 § 1, 2005; Ord. 1731 § 11, 1975).
10.32.120 Collected moneys disposition.
All funds collected under this chapter shall be remitted to the current expense
fund. (Ord. 2906 § 1, 2005; Ord. 1731 § 12, 1975).
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10.32.150 Purpose and policy.
A. It is the express purpose of this chapter to provide for and to 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.
B. Nothing contained in this chapter is intended to be, or shall be, construed to
create a duty to enforce this chapter or to form the basis for liability on the part of
the city of Port Townsend or its officers, employees, or agents, for any injury or
damage resulting from the failure of any person to comply with this chapter. No
provision of this chapter is intended to impose any duty upon the city or any of its
officers or employees, which would subject them to damage in a civil action.
(Ord. 2906 § 1, 2005).
Page 3 Ordinance 298/-Attachmenr8
Attachment C to Ordinance 2981
(text in strikeout is deleted, text in underline is added)
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..v
.. ~.,.~.......... ... ._.._. _._____ _..
v
nh'n. I-.r }r.+K'n nrl nn +hn n'.d n...n lLn nni fn rih i .,... n_. .. _.._ _.
n DTM1A(` 1/1 All _`
_.._ _n_.. ._
n9l1 nhihl}n.i
Page 1 Ordinance 2981 Anachmenl C