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2. With a passenger in addition to the operator; <br /> 3. On any city street with a maximum speed limit above 25 miles per hour, <br /> unless the device is operated within a designated bicycle lane; <br /> 4. On any city property that is not a city street; <br /> 5. In any park; <br /> 6. Upon any bicycle path or trail that is not a designated bicycle lane, or upon <br /> any equestrian, hiking or recreational trail; <br /> 7. Upon any sidewalk, except as may be necessary to enter or leave adjacent <br /> property; or <br /> 8. On any posted private or public property. <br /> B. Any person operating a motorized foot scooter or other wheeled recreational device <br /> shall obey all the rules of the road, as well as the instructions of official traffic control <br /> signals, signs, and other control devices applicable to vehicles, unless otherwise directed <br /> by a police officer. <br /> C. No motorized foot scooter or other wheeled recreational device shall be ridden or <br /> operated in a negligent or unsafe manner but shall be operated with reasonable regard for <br /> the safety of the operator and other persons. For purposes of this section: <br /> 1. To operate in a negligent manner means the operation of a motorized foot <br /> scooter or other wheeled recreational device in such a manner as to endanger <br /> or be likely to endanger any person or property. <br /> 2. Operation of a motorized foot scooter in excess of 15 miles per hour shall be <br /> prima facie evidence of operation in a negligent manner. <br /> Section 4: Title 46 of the Everett Municipal Code is amended by the addition of the <br /> following section: <br /> Helmets required—Nighttime operation prohibited. <br /> A. Any person operating a motorized foot scooter or other wheeled recreational device <br /> upon any city street shall wear a helmet and shall have the neck or chinstrap of the helmet <br /> fastened securely while the device is in motion. <br /> B. Motorized foot scooters and other wheeled recreational devices may not be operated <br /> at any time from sunset to sunrise. <br /> Section 5: Title 46 of the Everett Municipal Code is amended by the addition of the <br /> following section: <br /> Noise restrictions - Mufflers. <br /> A. No motorized foot scooter or other wheeled recreational device shall be operated in a <br /> manner that creates continuous sound associated with a gasoline-powered engine so as to <br /> unreasonably disturb or interfere with the peace and comfort of owners or occupants of <br /> real property. Nothing in this section shall limit enforcement of the City's Noise <br /> Ordinance, Chapter 20.08 of the Everett Municipal Code. <br /> B. It is unlawful to sell or operate a motorized foot scooter that is powered by an internal <br /> combustion engine that is not equipped with a muffler in good working order and in <br /> constant operation to prevent excessive or unusual noise. <br /> 3 <br />