2892ORDINANCE NO. 2892
AN ORDINANCE AMENDING CHAPTER 10.18 OF THE MOSES LAKE MUNICIPAL CODE ENTITLED "OFF-ROAD VEHICLES (ORVS) AND WHEELED ALL-TERRAIN VEHICLES 0/VATVS)"
THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON ORDAINS AS FOLLOWS:
Section 1. Chapter 10.18.030 of the Moses Lake Municipal Code entitled "Off-Road Vehicles (ORVS) and Wheeled All-Terrain Vehicles (:,NATVS)*" is amended as follows:
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 asecurely fastened motorcycle helmet while the WATV is in motion, unless the WATV is equipped withseat belts and roll bars or an enclosed passenger compartment. All passengers who are less thansixteen years of age must wear a securely fastened motorcycle helmet that meets the standardsestablished by the U.S. Department of Transportation regardless of the presence of seat belts. a rollcage or an enclosed passenger compartment.
B.A person may not operate a wheeled all-terrain vehicle upon State Route 17, State Route 90, StateRoute 171 (all portions of Broadway and Pioneer), or Interstate 90. However, a person may crossState Route 17, State Route 90 and State Route 171 at a controlled intersection if the crossingbegins and ends on a City street with a speed limit of thirty-five (35) miles per hour or less andoccurs at an intersection of approximately ninety degrees (90).
C. A person may not operate a wheeled all-terrain vehicle upon a City street with a speed limit in excess
of thirty-five (35) miles per hour. However, a person may cross a City street with a speed limit inexcess of thirty-five (35) miles per hour at a controlled intersection if the crossing begins and ends ona City street with a speed limit of thirty-five (35) miles per hour or less and occurs at an intersectionof approximately degrees (90).
D.A person may operate a wheeled all-terrain vehicle upon any City street while being used under theauthority or direction of an appropriate agency that engages in emergency management, as definedin RCW 46.09.310, or search and rescue, as defined in RCW 38.52.010, or a law enforcementagency, 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 setforth in Chapter 46.55 RCW.
Section 2. Chapter 10.18.060 of the Moses Lake Municipal Code entitled "Off-Road Vehicles (ORVS) and Wheeled All-Terrain Vehicles (:,NATVS)*" is amended as follows:
10.18.060 Duty to Obey Traffic Control Devices and Rules of the Road:
A.Unless a law enforcement officer directs otherwise, a person operating a wheeled all-terrain vehiclemust obey all rules of the road that apply to vehicle or pedestrian traffic and must obey theinstructions of official traffic control signals, signs and other control devices applicable to vehicles. Aperson operating a wheeled all-terrain vehicle upon a City street is subject to all of the duties thatChapter 46.61 RCW et seq. imposes on an operator of a vehicle, except as to those provisionsthereof which by their nature can have no application.
B Any person who operates or rides as a passenger in a wheeled all-terrain vehicle must wear a securely fastened seat belt as required in RCW 46.61.688 (3). Passengers less than sixteen years of age are required to be restrained as defined in RCW 46.61.687.
Section 3. Severability. If any section of this ordinance is found to be unconstitutional or invalid as written or as applied to any particular person or circumstances, no other section of the ordinance shall be deemed to be invalid, but rather, should be deemed to have been enacted independently and without regard to the section affected.
Section 4. 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 27, 2018.