Washougal OKs wheeled ATVs on most city roads

The city of Washougal has adopted an ordinance to allow wheeled all-terrain vehicles (WATV) on most city roadways. The Washougal City Council voted to approve the ordinance, crafted by Washougal Police Chief Wendi Stienbronn, at the Council’s Nov. 4 meeting. “I do have the ordinance drafted,” Steinbronn told the Council during its workshop on Oct. 28. “We put a lot of work into it, so it’s ready to go.” Steinbronn told the Council that the Washington State Legislature passed a law in 2013 allowing the use of WATVs on public roadways with a speed limit of 35 miles per hour or less if the city has approved an ordinance. Washington state defines a WATV as a motorized, non-highway vehicle, with handlebars, that is 50 inches or less in width, has a seat height of at least 20 inches, weighs less than 1,500 pounds, and has four tires with diameters of 30 inches or less; or a utility-type vehicle designed for, and capable of, traveling over designated roads that has four or more low-pressure tires of 20 pounds per square inch or less; is less than 74 inches wide; weighs less than 2,000 pounds; has a wheelbase of 110 inches or less; and is at least 50 inches wide, weighs at least 900 pounds, or has a wheelbase of over 61 inches. Dune buggies, snowmobiles and golf carts do not qualify as WATVs. “(WATVs are) very handy if you’re just tooling around town, and they’re easy on fuel — they get pretty good gas mileage,” Steinbronn said during the Oct. 28 workshop session. “They’re very popular, and attractive for tourists. Even though we don’t have anything in place now, there’s always the possibility that a shop could rent these out and people could tour around town on them.” Washougal resident Robert Bromley told the Council during its Sept. 9 meeting that he had recently been pulled over by a Washougal police officer, who told him he wasn’t allowed to drive his WATV in the city. “I did the modifications, I got it certified, (I got) a plate and tags from the state of Washington, and I got insurance on it,” Bromley told he Post-Record. “Then I get told that I can’t drive it on the street. As long as everybody’s legal about it. then I can’t see any reason not to have an ordinance for it.” Bromley followed up at two subsequent Council meetings and assisted Steinbronn in her efforts to draft the ordinance. “I’m not a popular kind of guy or anything, but boy, did I jump in with both feet,” Bromley said. “I really appreciate the support that I’ve gotten all the way through this process. It’s been fantastic. Chief Wendi, she would put in a lot of effort in a couple of weeks to draw this up, so I commend her for getting on it.” The state law states that operators must be 18 years of age or older; possess a valid driver’s license; carry proof of liability insurance; and are subject to all duties applicable to the operator of a motorcycle, including helmet-wearing unless the vehicle is equipped with seatbelts and a roll bar. The law also states that the vehicles must have headlights, tail lamps, a stop lamp, reflectors, turn signals, mirror(s), a windshield (unless the operator wears a helmet and eye protection), a horn, a spark arrester, and a muffling device. Drivers are required to have documentation of a safety inspection by a licensed WATV dealer or motor vehicle repair shop, and a statement that outlines that the owner understands that the original WATV was not manufactured for on-road use and that it has been modified for use on public roadways. They’re also required to fill out a form that releases the state, counties, cities, and towns from any liabilities. “(Sometimes), people don’t read the law carefully,” Steinbronn said during the Oct. 28 workshop session. “When I talked to the clerk at Yacolt — they have a an ordinance that allows this — her main issue was that people don’t read the law, and they see somebody riding one of these down the street, which is perfectly legal since they have that in their code, but then the next person doesn’t do their research and then starts riding all kinds of vehicles on the road, thinking it’s legal.” WATVs also can “be noisy,” according to Steinbronn. “I’ve driven one of these in a different state, and I have to say, it was a heck of a lot of fun,” councilman David Fritz said during the Oct. 28 workshop session. “But also, as I remember, at least the device I was on, it was extremely loud — like, so loud. I drove by houses, and I thought to myself, ‘If one of these was driving by my house, it would be really annoying.’” Steinbronn replied that WATVs “have to follow the same (noise) requirements for vehicles and motorcycles, so if they’re muffled, (they wouldn’t) be much louder than a motorcycle with a muffler.” “I don’t know that we can guarantee that there won’t be any noise issues,” City Manager David Scott added. “There seems to be some ambiguity (in the law) in the notion of muffling. It just says it has to be muffled. There are cars that are required to be muffled, but there are mufflers that are designed to be louder than the car without them, so this is an interesting dynamic. “There are two provisions with very precise decibel level limitations. It depends on when they’re made, on how big they are, and the speeds that are being traveled. There’s some for the exhaust system noises, and there’s some for the vehicle as a whole. Those provisions are applicable, and they’re the same as they would be for anyone else. Unless they’re treated separately somehow, (WATVs are) going to be treated just like every other vehicle. If we get noise complaints, it’s challenging to deal with, because you have to measure it, and by the time we can be dealing with it, the person is gone. But there are limits.” Bromely said that excessive noise shouldn’t be too much of a concern. “I have a Harley (Davidson motorcycle) that’s louder than (my wheeled ATV),” he said. “It’s got a muffler on it. It’s got the spark arrestor and all that. I mean, unless you’re really revving it, it’s not very loud at all.” City leaders aren’t expressing similar concerns about emissions, however. Washington state regulates emissions for all internal combustion engine vehicles, including the wheeled ATVs, according to Scott. “Unlike the noise provisions, wherein we have local regulatory authority, we do not (have authority) regarding emissions,” he told the Post-Record. “Therefore, we defer to the state for their regulation and enforcement.” Mayor David Stuebe said that the City should require WATV drivers to sign a form that indicates that they’ve read Washington state’s requirements and intend to adhere to them. “You’ve got all the requirements up there, I think it would be nice for (the drivers) to have one place to read them before they’re authorized to drive in Washougal,” he said during the Oct. 28 workshop session. “My only (concern) is the education (component). I have no problem with this if they’re driving 35 miles an hour tops, they’re muffled, and they’re courteous and respectful and all that. I’ve got no issue with that. But what about kids (who might want to) drive 55 (miles per hour) and jump on Highway 14 — how do we educate those guys? I think it would help our police by having them read the education, signing it, and agreeing to it.” Cities are required to provide a public list of all the roadways on which WATVs may operate, and to make that list accessible to the public from the main page of their websites. The ordinance states that wheeled ATVs are prohibited from several areas, such as sidewalks, parks, bicycle lanes, walking paths, and Highway 14. “We could have a map on our website so that people can look at where they can ride and where they can’t ride,” Steinbronn said during the Oct. 28 workshop session. “We should also list it out. There’s only one portion of our city streets that goes to 40 miles an hour, and everything else is 35 miles an hour or under.” Bromley said that WATVs present drivers with a safe, enjoyable option to get around town or go off-roading. “You’ve got a four-point (seat belt), a timing belt, and a roll cage,” he said. “It’s only got two cylinders, so it gets really good mileage, and it’s fun. Everybody loves them. They’re getting more and more popular. Three of the council members mentioned that they’ve ridden in them and had a blast. In fact, the mayor has asked me twice now if he can go for a ride.” Councilwoman Molly Coston praised the ordinance, calling it an example of “the way democracy should work.” “I appreciate that Mr. Bromley has come in several times. He’s always been respectful and stated his peace, which always made sense to me,” she said. “Our chief reached out to him, and along with the mayor, they put together something to make it legal. I think this is totally appropriate.” Councilwoman Michelle Wagner echoed Coston’s comments during the Nov. 4 meeting, thanking Steinbronn, Stuebe and City staff “for being so responsive to a citizen request.” “I’ve never seen something move so quick,” she said. “I’m happy to be supportive of this as long as we check back in with the police and make sure it’s not overburdening them and their abilities to do their other jobs.”

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