2857ORDINANCE NO.2857
AN ORDINANCE CREATING CHAPTER 10.18 OF THE MOSES LAKE MUNICIPAL
CODE ENTITLED "OFF-ROAD VEHICLES (ORVS) ANDWHEELED ALL-TERRAIN
VEHICLES (WATVS)"
THE CITY COUNCILOFTHE CITY OF MOSES LAKE,WASHINGTON ORDAINS AS FOLLOWS:
Section 1.Chapter 10.18 of the Moses Lake Municipal Code entitled "Off-Road Vehicles (ORVS)and
Wheeled All-TerrainVehicles (WATVS)"is created as follows:
10.18.010 Definitions:Unless otherwise specifically provided for herein,the definitions set forth in Chapter
46.09 RCW,as existing orhereafter amended,shall govern this chapter.In addition,when used
in this chapter,the following words,terms,and phrases shall havethe following meanings:
A."City"means theCity of Moses Lake,Washington,including its elected officials,employees,
and agents.
B."City street"means every way,lane,road,street,boulevard,and every way or place in the City
openas a matter of right to public vehicular traffic inside the City limits.
C."Motorcycle helmet"hasthesame meaning as provided in RCW46.37.530.
D."Off-road vehicle"or"ORV"means any motorized vehicle used for recreational purposeson
non-highway roads,trails,or a variety of other natural terrain.Any reference to wheeled
all-terrain vehicle in this chapter shall include reference to off-road vehicles orORVs.
E."Rules ofthe road"means all the rules thatapply tovehicle or pedestrian traffic as set forth in
state and/or local statutes,rules or regulations.
F."Sidewalk"means that property between the curb lines or the lateral lines ofa city street and
the adjacent property,set aside and intended for the use of pedestrians or such portion of
private property parallel and in proximity to acity street and dedicated to use by pedestrians.
G."Wheeled all-terrain vehicle"or "WATV means:
1.Any motorized non-highway vehicle with handlebars that is fifty inches (50")or less in
width,hasaseatheight ofatleast twenty inches (20"),weighs lessthan onethousand five
hundred pounds (1,500 lbs),and hasfour (4)tires having adiameter ofthirty inches (30")or
less,or;
2. A utility-type vehicle designed for and capable oftravel over designated roads that travels
on four (4)ormore low-pressure tires oftwenty (20)psi orless,hasa maximum width less
than seventy-four inches (74"),hasa maximum weight less than two thousand pounds
(2,000 lbs),hasa wheelbase ofone hundred ten inches (110")orless,and satisfies at
least one ofthe following:
a.has a minimum width of fifty inches (50");
b. has a minimum weightof at least nine hundred pounds (900 lbs);
c. has a wheelbase of over sixty-one inches (61").A wheeled all-terrain vehicle is an
off-roadvehicle forthe purposes of Chapter 4.24 RCW.
10.18.020 Use ofWheeled All-Terrain Vehicles on CityStreets: Subject tothe restrictions set forth insection
10.18.030,as existing orhereafter amended,andotherrequirements set forth in thischapter,any
person eighteen (18)years ofageorolder with a valid driver's license issuedbythestateofthe
person's residence mayoperate a wheeled all-terrain vehicle upon a City street having aspeed
limitof thirty-five(35) miles per hour or less.
ORDINANCE NO.2857
PAGE 2 March 28,2017
10.18.030 Restrictions on Use of Wheeled All-terrain Vehicles on City Streets:
A.Any person who operates or rides as a passenger in a wheeled all-terrain vehicle must wear
a securely fastened motorcycle helmet while the WATV is in motion,unless the WATV is
equipped with seat belts and roll bars or an enclosed passenger compartment.
B.Restrictions on use:
1.Wheeled all-terrain vehicles are prohibited at all times on the following State Routes:
State Routes Limits
SR 17 Entire length
Interstate 90 Entire length
SR 171 -W.Broadway Avenue Interstate 90 to Third Avenue
2.Wheeled all-terrain vehicles are prohibited at all times on the following City streets with a
speed limitin excess of thirty-five (35)miles per hour:
Street Limits
North Frontage Road Road "L"to East City Limits
South Frontage Road Hansen Road to West City Limits
Randolph Road Entire length
Road L NE Entire length
Road 7 NE Entire length
Wheeler Road 200'east of Road Lto East City Limits
C. A person may not operate a wheeled all-terrain vehicle upon a City streetwith a speed limitin
excess of thirty-five (35)miles per hour.However,a person may cross a City street with a
speed limitin excessof thirty-five (35)miles per hour at a controlled intersection ifthe crossing
begins and endson a City streetwith a speed limitof thirty-five (35)miles per hour or less and
occurs at an intersection of approximately degrees (90°).
D. A person may operate a wheeled all-terrain vehicle upon any City street while being used
under the authority or direction of an appropriate agency that engages in emergency
management,as defined in RCW 46.09.310,or search and rescue,as defined in RCW
38.52.010,or a law enforcement agency,as defined in RCW 16.52.011,within the scope of
the agency's official duties.
E.Wheeled all-terrain vehicles,and the use thereof,are subject to the regulations and
requirements set forth in Chapter 46.55 RCW.
F. No person may operate a wheeled all-terrain vehicle upon a City street without having proof
of current liability insurance with liability limits of at least the amounts provided in and in
compliancewith the requirements as set forth in RCW 46.29.090,as nowenacted or hereafter
amended,Written proof of such financial responsibility must be provided on the request of a
law enforcement officer.
10.18.040 Equipment Requirements of Wheeled All-terrain Vehicles:Any wheeled all-terrain vehicle
operated on aCitystreet shallincludethe following equipment (whichequipmentshallbe used and
operated as further prescribed herein):
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A.Headlights meeting the requirements ofRCW46.37.030 and46.37.040 andusedatall times
when the vehicle is in motion;
B.One(1)tail lamp meeting the requirements ofRCW46.37.525 andusedat all timeswhenthe
vehicleisinmotion upona City street;however,a utility-type vehicle,asdescribedunderRCW
46.09.310,musthavetwo(2)tail lampsmeeting the requirements ofRCW46.37.070(1)and
to be used at all times when the vehicle is in motion upon a City street.
C. A stop lamp meeting the requirements of RCW 46.37.200.
D.Reflectors meeting the requirements of RCW 46.37.060.
E.During hours of darkness,as defined in RCW 46.04.200,turn signals meeting the
requirements of RCW 46.37.200.
F.Outside of hours of darkness,the person operating the WATV must comply with RCW
46.37.200 or46.61.310.
G. A mirror attachedtoeitherthe right orlefthandlebar,whichmust be located togivethe person
operating theWATV a complete view oftheCity street for a distance ofat least two hundred
feet (200')tothe rear oftheWATV;however,a utility-type vehicle,as described under RCW
46.09.310(19),must have two (2)mirrors meeting the requirements of RCW 46.37.400.
H.A windshield meeting the requirements of RCW 46.37.430,unless the person operating the
WATV wears glasses,goggles,or a face shield while operating the WATV,of a type
conforming to rules adopted bythe Washington State Patrol.
I.A horn orwarning device meeting the requirements of RCW46.37.380.
J.Brakes in working order.
K.A spark arrester and muffling device meeting the requirements of RCW 46.09.470.
L.For utility-type vehicles,as described under RCW 46.09.310(19),seat belts meeting the
requirements of RCW 46.37.510.
10.18.050 Registration Requirements of a Wheeled All-terrain Vehicle:Any wheeled all-terrain vehicle
operated on a City street must comply with all the registration requirements of Chapter 46.09
RCW.
10.18.060 Dutv toObev Traffic Control Devices and Rulesofthe Road:Unless a law enforcementofficer
directs otherwise,a person operating awheeled all-terrain vehicle mustobey all rules oftheroad
that apply to vehicle or pedestrian traffic and must obey the instructions of official traffic control
signals,signs and other control devices applicable to vehicles.A person operating a wheeled
all-terrain vehicle upon a City street issubject to all oftheduties that Chapter 46.61 RCWetseq.
imposes on an operator ofavehicle,except astothose provisions thereof which by their nature
can have no application.
10.18.070 Prohibited Uses:
A.No person shall operate or ride awheeled all-terrain vehicle in anegligent or unsafe manner,
as determined in thesolediscretion ofanylaw enforcement officer orCity official responsible
for enforcement ofthis chapter,butmustoperate itwith reasonable regard for hisorherown
safety and forthe safety of others.
B.No person shall tow any trailers,devices,equipment or persons behind the wheeled all-terrain
vehicle.
C.No person shall operate awheeled all-terrain vehicle side-by-side in a single lane oftraffic.
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D. No person shall carry or transport any other person or passenger on a wheeled all-terrain
vehicle,nor shall any other person ride on a wheeled all-terrain vehicle,unless such wheeled
all-terrain vehicle is designed to carry more than one (1)person,in which event a passenger
may ride upon the permanent and regular seat ifdesigned for two (2)persons,or upon another
seat firmly attached to the wheeled all-terrain vehicle.
10.18.080 Prohibited Areas:
A. It is unlawful to operate a wheeled all-terrain vehicle on a sidewalk.
B. Itis unlawful to operate a wheeled all-terrain vehicle in a City park or upon any City bike paths,
trails,etc.except for City maintenance staff,other than in areas designated for motor vehicle
operation.
C.It is unlawful to operatea wheeled all-terrain vehicle on any pedestrian trail or bridge where the
operation of motorized vehicles is prohibited.
10.18.090 Violation -Penalty:Any person who violates a provision of this chapter is guilty of a traffic
infraction and will be punished by the imposition of a monetary penalty as authorized by RCW
46.09.490,as existing or hereafter amended;provided,that conduct that constitutes a criminal
traffic offense may be charged as such and is subject to the maximum penalties allowed for such
offenses.A violation of section 10.18.030(F),however,constitutes a violation of the Moses Lake
Municipal Code for which the violator is subject to a C-4 penalty,as set forth in MLMC Chapter
1.08.
10.18.100 Severability:Each separate provision of this chapter is independent of all other provisions.Ifany
provision of this chapter,or any part thereof,is declared invalid, all other provisions,or parts
thereof,remain valid and enforceable.
Section 2.These regulations shall be revisited by the City Council after one (1)year.
Section 3.This ordinance shall take effect and be in force five (5)days after its passage and publication of
its summary as provided by law.
Adopted by the City Council and signed by its Mayor on March 28,2017.
ATTEST:
APPROVED AS TO FORM:
r
- - ,TO^-f.-Katherine L.Kenison,City^Attorney