11.06.030 Unsafe Use Prohibited – Penalties - Enforcement.
A. It is unlawful to operate a motorized foot scooter on a public roadway, sidewalk or on public property in a manner that could cause harm to the user, other persons or property, or in such manner that violates any civil traffic laws, criminal laws, or the provisions of this ordinance.
B. Penalties.
1. For violations of this chapter for all age groups:
a. The officer may in the officer’s discretion choose to issue a warning.
b. Any person violating any provision of this chapter shall be guilty of a traffic infraction and shall be punished by the imposition of a monetary penalty of not more than $250, exclusive of statutory assessments. The following monetary penalties shall apply.
1. First offense $50.
2. Second offense $80
3. Third and future offenses $250
c. In addition, violation of any Criminal Laws and additional Civil Traffic Laws may be cited as such upon officer discretion.
2. Alternate Penalty for minor Children:
In lieu of the penalties described above, a Police Officer may, in his/her discretion, utilize the following penalty for violations by minor children. For the purposes of this section the City Council finds that there is a compelling governmental interest in imposing the following discretionary penalty section for minor children, in order to encourage parental and guardian intervention and responsibility for the violation of this ordinance by minor children. The City further finds that impoundment is more likely to prevent repeat offenses by minors than the imposition of monetary penalties.
1st offense: On the minor Child’s first offense in a 365-day period, the City shall issue a written warning and written notification to the child’s parents or guardians of the violation. Further, the officer may in the officer’s discretion cite the child’s parent or guardian for violation of the Parental Responsibility section of this chapter and shall include a civil fine, not to exceed $50 issued to the parent or guardian.
2nd offense: On the minor Child’s second offense in a 365-day period, the City shall issue a written notice of the offense to the child’s parents or guardians and the investigating officer may take custody of the motorized foot scooter and hold for safekeeping until the child’s parent or guardian claims the motorized foot scooter. Further, the officer may in the officer’s discretion cite child’s parent or guardian for violation of the Parental Responsibility section of this chapter and shall include a civil fine, not to exceed $80 issued to the parent or guardian.
3rd offense: On the minor Child’s third offense in a 365-day period, the arresting officer may take into custody the motorized scooter and hold for safekeeping for (30) days. Further, the officer may in the officer’s discretion cite child’s parent or guardian for violation of the Parental Responsibility section of this chapter and shall include a civil fine, not to exceed $250 issued to the parent or guardian.
Motorized foot scooters unclaimed after sixty (60) days will be treated as provided in RCW 63.32 as UNCLAIMED PROPERTY IN HANDS OF CITY POLICE.