AN ORDINANCE relating to electric personal assistive mobility devices and motorized foot scooters; adding Sections 11.14.184 and 11.14.333 to the Seattle Municipal Code; and adding a new chapter 11.46 to the Seattle Municipal Code.

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. A new section is added to chapter 11.14 of the Seattle Municipal Code to read as follows:

11.14.184 EPAMD (Electric personal assistive mobility device).

"EPAMD" means an electric personal assistive mobility device, which is a self-balancing device with two wheels not in tandem, designed to transport only one person by an electric propulsion system with an average power of seven hundred fifty watts (one horsepower) having a maximum speed on a paved level surface, when powered solely by such a propulsion system while ridden by an operator weighing one hundred seventy pounds, of less than twenty miles per hour. (Statutory reference: RCW 46.04.1695.)

Section 2. A new section is added to chapter 11.14 of the Seattle Municipal Code to read as follows:

11.14.333 Motorized foot scooter.

"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. A motor-driven cycle, a moped, an electric-assisted bicycle, or a motorcycle is not a motorized foot scooter. A "gas motorized foot scooter" is a motorized foot scooter powered in whole or in part by an internal combustion engine. An "electric motorized foot scooter" is a motorized foot scooter powered solely by an electric motor. (Statutory reference: RCW 46.04.336.)

Section 3. A new chapter 11.46 is hereby added to the Seattle Municipal Code, to read as follows:

Chapter 11.46

RULES FOR EPAMDs AND MOTORIZED FOOT SCOOTERS

11.46.010 Areas of operation.

A. Except as otherwise provided in this chapter, gas motorized foot scooters may be operated on roadways, shoulders, and alleys, but not on sidewalks, bicycle lanes, or public paths.

B. Except as otherwise provided in this chapter, EPAMDs and electric motorized foot scooters may be operated on roadways, shoulders, sidewalks, and alleys, but not on bicycle lanes, or public paths. Where an arterial street contains a sidewalk, EPAMDs shall be operated only upon the sidewalk and not upon the roadway or shoulder. An EPAMD shall not be operated upon the roadway or shoulder of any highway where the speed limit is greater than 35 miles per hour.

C. EPAMDs and motorized foot scooters are subject to limitations imposed by SMC Title 18 on the use of motorized vehicles in parks.

D. Neither EPAMDs nor motorized foot scooters may be operated on public school playfields or public school playgrounds.

E. The provisions of this section limiting the use of EPAMDs and/or electric motorized foot scooters in parks or on sidewalks, bicycle lanes, public paths, public school playfields, or public school playgrounds do not apply to an EPAMD or electric motorized foot scooter when that device is operated by a person with a mobility impairment caused by a physical disability who uses that device to enhance that person's mobility.

11.46.020 Rules of operation.

Subject to the limitations on areas of operation contained in Section 11.46.010, the following rules of operation apply to EPAMDs and/or motorized foot scooters, as indicated:

A. Every motorized foot scooter shall be equipped with a brake that will enable the operator to make the braked wheels skid on dry, level, clean pavement.

B. Every motorized foot scooter when in use at anytime from a half hour after sunset to a half hour before sunrise must be equipped with a lamp on the front that emits a white light visible at a distance of at least five hundred (500) feet to the front and with a red reflector on the rear of a type approved by the State Patrol that shall be visible from all distances up to six hundred (600) feet to the rear when directly in front of lawful lower beams of head lamps on a motor vehicle.

C. No person under sixteen years of age may operate a gas motorized foot scooter on a roadway, shoulder or alley.

D. Except as otherwise provided in this chapter, operators of gas motorized foot scooters shall have the same rights and duties as operators of bicycles.

E. Speed-limited zones for EPAMDs and electric motorized foot scooters.

(1) The Director of the Seattle Department of Transportation (Director) is authorized to designate speed-limited zones for EPAMDs and electric motorized foot scooters.

(2) Speed-limited zones shall be those areas where, in the professional judgement of the Director:

(a) congested pedestrian or nonmotorized traffic is present;

(b) without a speed limit, a significant speed differential would exist between pedestrians or nonmotorized traffic and EPAMD or electric motorized foot scooter traffic, and

(c) without a speed limit, the presence of EPAMD or electric motorized foot scooter traffic could endanger public safety.

(3) The Director is also authorized, in the professional judgement of the Director, to establish times during which certain areas will be deemed speed-limited zones.

(4) When within a designated speed-limited zone, EPAMDs and electric motorized foot scooters shall not be operated at a speed in excess of five miles per hour upon any sidewalk, crosswalk, or pedestrian zone.

F. Except as otherwise provided in this chapter, operators of EPAMDs and electric motorized foot scooters shall have the same rights and duties as:

(1) operators of bicycles when upon any portion of a highway except a sidewalk, crosswalk, or pedestrian zone; and

(2) pedestrians when upon any sidewalk, crosswalk, or pedestrian zone.

G. At all times, operators of motorized foot scooters and operators of EPAMDs shall yield the right-of-way to pedestrians and human-powered devices and shall give an audible signal before overtaking and passing a pedestrian or human-powered device.

H. Any person operating a motorized foot scooter shall wear a protective helmet designed for bicycle safety.

I. No motorized foot scooter or EPAMD shall be operated with any passenger or other person in addition to the operator.

11.46.030 Noise.

A. Every gas motorized foot scooter shall at all times be equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise.

B. The use of a cutout, bypass, or similar muffler elimination device, is prohibited on any gas motorized foot scooter.

C. The provisions SMC Chapter 25.08 apply to motorized foot scooters and EPAMDs, neither of which shall be deemed "motor vehicles" within the meaning of SMC Chapter 25.08.

11.46.040 Application to other devices.

The provisions of this chapter regarding motorized foot scooters, gas motorized foot scooters, and/or electric motorized foot scooters apply to any device that: (1) matches the definition of a motorized foot scooter, gas motorized foot scooter, and/or electric motorized foot scooter except for the size of the device's wheels; and (2) cannot be defined as a motor-driven cycle, a moped, an electric-assisted bicycle, or a motorcycle.

11.46.050 Responsibility.

No person shall do any act forbidden by this chapter or fail to perform any act required in this chapter. The parent of any child and the guardian of any ward shall not authorize or knowingly permit any such child or ward to violate any of the provisions of this chapter.

Section 4. The provisions of this ordinance are declared to be separate and severable. The invalidity of any particular provision shall not affect the validity of any other provision.

Section 5. This ordinance shall take effect and be in force thirty (30) days from and after its approval by the Mayor, but if not approved and returned by the Mayor within ten (10) days after presentation, it shall take effect as provided by Municipal Code Section 1.04.020.

Passed by the City Council the ____ day of _________, 2004, and signed by me in open session in authentication of its passage this _____ day of __________, 2004. _________________________________ President __________of the City Council

Approved by me this ____ day of _________, 2004. _________________________________ Gregory J. Nickels, Mayor

Filed by me this ____ day of _________, 2004. ____________________________________ City Clerk

July 1, 2004 v. 13 ta