Bicycle Helmets | Center for Law and the Public's Health

As of the beginning of 2018, 21 U.S. states and the District of Columbia had laws requiring youth to wear a helmet while operating a bicycle. No state, however, had a bicycle helmet law applicable to adults. Nevertheless, more than 45 localities have so-called “all-rider” bicycle helmet laws applicable to all ages. Through a combination of legal research, web searches, and contacts with local governments, we have assembled the first-ever collection of the full text of these local all-rider bicycle helmet laws. Please see below

Alabama

Montevallo, AL

ARTICLE I. - IN GENERAL

Sec. 24-1. - Bicycle helmet required.

(a) No person shall operate or ride upon a bicycle unless he is wearing a helmet which complies with Code of Ala. 1975, § 32-5A-281 et seq., and which has its chin strap fastened. Any helmet complying with the specifications of the Snell Memorial Foundation, ANSI Standard Z 90.4, or Code of Ala. 1975, § 32-5A-281 et seq., shall be deemed acceptable.

(b) The parent or guardian of any minor shall not knowingly permit any minor in their charge to violate this section.

(Code 1982, § 4-16; Ord. No. 93K, § 4-15, 9-27-1993)

Mississippi

Jackson, MS

Sec. 118-191. - Operating, riding or being a passenger upon a bicycle unlawful without a protective helmet.
It shall be unlawful for any person to operate, ride or be a passenger upon a bicycle on any highway, street, road, sidewalk, bikeway, trail or other public property, unless that person wears a protective helmet that is properly fitted and fastened. This requirement shall apply to a passenger who rides upon a bicycle while in a restraining seat which is attached to the bicycle or in a trailer towed by the bicycle. This division shall not apply to cul-de-sacs or dead-end streets located in residential neighborhoods.
(Ord. No. 2013-2(2), § 1, 1-22-13)
Sec. 118-192. - Violation by unemancipated minor.
No parent or guardian of any unemancipated minor under 18 years of age shall knowingly allow the minor to violate this division.
(Ord. No. 2013-2(2), § 2, 1-22-13)
Sec. 118-193. - Civil offense.
(a) Violation of this division shall constitute a civil offense and shall be punishable by a fine of $25.00 for each offense.
(b) The first time a person is charged with a violation with this division, the court will dismiss the charge upon presentation of evidence that the person purchased or obtained a protective helmet.
(Ord. No. 2013-2(2), §§ 3, 4, 1-22-13)
Sec. 118-194. - Definition.
For purposes of this division, "protective bicycle helmet" means a helmet containing a manufacturers' certification that it meets the standards of the American National Standards Institute (ANSI), the American Society of Testing and Materials (ASTM) or the United States Consumer Products Safety Commission (CPSC). A mechanism will be created in order to ensure that helmets are provided to those who cannot afford them, but will not be provided by the City of Jackson.
(Ord. No. 2013-2(2), § 5, 1-22-13)
Sec. 118-195. - Age criteria for violation.
If a child in violation of this division is 16 years of age or younger, any citation shall be issued to the parent, legal guardian or adult with custody or temporary custody, rather than to the child. If a child in violation of this division is at least 16 years of age and is under 18 years of age, a citation shall be issued to the child or to the parent, legal guardian or adult with custody or temporary custody.
(Ord. No. 2013-2(2), § 6, 1-22-13)
Secs. 118-196—118-205. - Reserved.

Ridgeland, MS

ORDINANCE OF THE MAYOR AND BOARD OF ALDERMEN OX THE CITY OF RIDGELAND, MISSISSIPPI TO REQUIRE ALL PERSONS TO WEAR PROTECTIVE HELMETS WHEN RIDING A BICYCLE, EITHER AS AN OPERATOR OR A PASSENGER

WHEREAS, the Mayor and Board of Aldermen of the City of Ridgeland are charged with the obligation to protect and preserve public health, safety, and welfare; and,

WHEREAS, research has determined that two-thirds (2/3) of the deaths from bicycle/vehicle crashes are from traumatic brain injury; and,

WHEREAS, one in eight cyclist with reported injuries had a brain injury; and,

WHEREAS, an estimated 45% to 88% of cyclist brain injuries can be prevented by a helmet; and,

WHEREAS, the Mayor and Board of Aldermen of the City of Ridgeland, Mississippi find that it would be in the best interest of its citizens that all operators and passengers of bicycles within the-public areas of the City of Ridgeland should wear protective helmets as a means to protect and preserve the public health, safety and welfare of its citizens and visitors.

NOW, THEREFORE, BE IT ORDAINED, by the Mayor and Board of Aldermen of the City of Ridgeland, Mississippi as follows, to-wit:

Section 1.

It shall be unlawful for any person to operate, ride, or be a passenger upon a bicycle on any highway, street, road, sidewalk, bikeway, trial, or other public property, unless that person wears a protective helmet that is properly fitted and fastened. This requirement shall apply to a passenger who rides upon a bicycle while in a restraining seat which is attached to the bicycle or in a trailer towed by the bicycle.

Section 2.

No parent or guardian of any unemancipated minor under eighteen (18) years of age shall knowingly allow the minor to violate this section.

Section 3.

Violation of this section shall constitute a civil offense and shall be punishable by a fine of not less than $25.00 and more than $75.00 for each offense.

Section 4.

The first time a person is charged with a violation with this section, the court may dismiss the charge upon presentation of evidence that the person has purchased or obtained a protective helmet.

Section 5.

For purposes of this section, "protective bicycle helmet" means a helmet containing a manufacturers certification that it meets the standards of either the American National Standards Institute (ANSI), the American Society of Testing and Materials (ASTM), or the United States Consumer Products Safety Commission (CPSC).

Section 6.

If a child in violation of this ordinance is sixteen (16) years of age or younger, any citation shall be issued to the parent, legal guardian, or adult with custody or temporary custody, rather than to the child. If a child in violation of this ordinance is at least sixteen (16) years of age and is under eighteen (18) years of age, a ciøtion shall be issued to the child or to the parent, legal guardian, or adult with custody or temporary custody.

Section 7.

This ordinance shall be in effect thirty (30) days from and after its passage.

ORDAINED, ADOPTED AND APPROVED by the Mayor and Board of Aldermen of the City of Ridgeland, Madison County, Mississippi at its regular meeting held on the _____ day of _____ 2010.

MOTION made to adopt the foregoing Ordinance was made by Alderman _____ and SECONDED by Alderman _____ and the foregoing, having first been reduced to writing, was submitted to a roll call vote, the result was as follows:

Alderman Ken Heard _____
Alderman Chuck Gautier _____
Alderman Kevin Holder _____
Alderman Brian Ramsey _____
Alderman Scott Jones _____
Alderman Wesley Hamlin _____
Alderman Gerald Steen _____

Whereupon, the Mayor declared the Ordinance carried and the Ordinance adopted.

The foregoing Ordinance is approved this the ____ day of _____ 2010.

CITY OF RIDGELAND, MISSISSIPPI

By: ________
Gene F. McGee, Mayor

ATTEST:
By: ________
David Overby, City Clerk

Bike Helmet Ordinance
3-5-2010-mmh

Starkville, MS

Sec. 106-609. - Requirements for helmet and restraining seat use.
With regard to any bicycle or alternative transportation used on a public roadway, public bicycle path, or other public right-of-way or area:
(a) It shall be unlawful for any person to operate or be a passenger on a bicycle or alternative transportation device unless at all times when the person is so-engaged he or she wears a protective safety helmet of good fit fastened securely upon the head with the straps of the helmet.
(b) It shall be unlawful for any person to be a passenger on a bicycle or alternative transportation device unless all of the following conditions are met:
(i) The person is able to maintain an erect, seated position on the device and is at least one year of age;
(ii) Except as provided in paragraph (iii), the person is properly seated alone on a saddle seat (as on a tandem bicycle); and
(iii) With respect to any person who weighs fewer than 40 pounds, or is less than 40 inches in height, the person can be and is properly seated in and adequately secured to a child passenger seat.
(c) It shall be unlawful for any parent or legal guardian of a person below the age of 16 to permit such person to operate or be a passenger on a bicycle or alternative transportation device in violation of subsection (a) or (b) of this section.
(d) It shall be unlawful to rent or lease any bicycle or alternative transportation device to or for the use of any person unless:
(i) The person is in possession of a protective safety helmet of good fit at the time of such rental or lease; or
(ii) The rental or lease includes a protective safety helmet of good fit, and the person intends to wear the helmet, as required by subsection (a), at all times while operating or being a passenger on the bicycle or alternative transportation device.
(Ord. No. 2010-06, § 4, 4-20-10)
Sec. 106-610. - Civil penalties.
(a) Violation of this division shall be subject to the jurisdiction of the Administrative Hearing Officer of the City of Starkville. Violation of the ordinance shall result in a civil penalty as imposed by the administrative hearing officer in accordance with the most current schedule to be published and maintained by the code compliance division of the building, codes and planning department and approved by the board of aldermen.
(b) Upon the issuance of a citation to an offender and where necessary a positive identification of the parent or legal guardian of any child, except as provided in subsection (b) below, any parent or guardian violating the requirement set forth in section 106-609(c) shall be guilty of an administrative violation and upon conviction sentenced to pay an administrative fine of $15.00, inclusive of all penalty assessments and court costs for the first violation, or shall have the opportunity to purchase an approved helmet as described in the ordinance above. Proof of such purchase shall be presented at the time of the hearing.
(c) Upon the finding of a third conviction and the passage of six months from the date of passage, the full fine schedule and administrative costs as published shall be applied in accordance with the findings of the administrative hearing officer.
(Ord. No. 2010-06, § 5, 4-20-10)
Sec. 106-611. - Enforcement.
There shall be a six-month period after the date of passage of the ordinance in which there will be issued two warning citations prior to the requirement for an administrative hearing process per section 106-610 of this division. A warning citation and when applicable, a regular citation may be written by any uniformed police officer or the uniformed code enforcement officer as authorized agents for the City of Starkville.
(Ord. No. 2010-06, § 1, 4-20-10)

Resources:

https://www.municode.com/library/ms/starkville/codes/code_of_ordinances?nodeId=COOR_CH106TRVE_ARTXVIBI_DIV2SAHEOR_S106-609REHERESEUS
https://www.municode.com/library/ms/starkville/codes/code_of_ordinances?nodeId=COOR_CH106TRVE_ARTXVIBI_DIV2SAHEOR_S106-610CIPE

Missouri

Berkely, MO

§ 210.600 Use of Protective Headgear for Bicycling, In-Line Skating, Roller Skating

and Skateboarding.

Definitions. As used in this Section, the following terms shall have the following definitions:

BICYCLE

A human-powered vehicle with two (2) wheels in tandem designed to transport by the act of pedaling one (1) or more persons seated on one (1) or more saddle seats on the frame. "Bicycle" includes, but is not limited to, a human- powered vehicle designed to transport by act of pedaling which has more than two (2) wheels when the vehicle is used on a public roadway, public bicycle path or other road or rights-of-way. This also includes a tricycle.

BICYCLE HELMET

A piece of headgear which meets or exceeds the impact standard for protective bicycle helmets set by the U.S. Consumer Products Safety Commission Federal Safety Standards, those developed by the American National Standards Institute (ANSI), the Snell Foundation or the American Society of Testing and Materials (ASTM).

IN-LINE SKATES, ROLLER SKATES

A pair of devices worn on the feet with a set of wheels attached, regardless of the number or placement of those wheels, and used to guide or propel the user over the ground.

OPERATOR

A person who travels on a bicycle or tricycle seated on a saddle seat from which that person is intended to and can pedal the bicycle. This includes wearers of roller blades or roller skates and users of skateboards.

Every person operating or being a passenger on a bicycle or using in-line skates, roller skates or a skateboard on public roadway, public bicycle path or other public rights-of-way shall wear a bicycle helmet of good fit, fastened securely upon the head with the straps of the helmet.

No person operating a bicycle on a public roadway, public bicycle path or other public right-of-way shall allow anyone to ride as a passenger unless the passenger is wearing a bicycle helmet.

No parent, custodian or legal guardian of a person age sixteen (16) and under shall knowingly permit said person to operate or be a passenger on a bicycle or to use in-line skates, roller skates and skateboards without wearing a bicycle helmet.

Any operator or passenger found to be in violation of this Section may be issued a citation and summoned to appear in Municipal Court for Berkeley, Missouri.

Fines assessed to juvenile violators (age sixteen (16) and under) will be the legal responsibility of the violator's parent, custodian or legal guardian; and therefore any summons issued as a result of a violation committed by such a juvenile shall be issued to said violator's parent, custodian or legal guardian.

Any person who shall violate provisions of this Section or who shall fail to comply with any of the requirements thereof shall be guilty of a misdemeanor punishable by a fine not exceeding five hundred dollars ($500.00) or be imprisoned in the City or County Jail for a period not exceeding ninety (90) days, or both such fine and imprisonment

BlackJack, MO

Sec. 20-423. - Helmet and safety equipment required for operating a motorized scooter, motorized bicycle, and motorized skateboard; defined.

Any person operating a bicycle, motorized bicycle, motorized scooter, or motorized skateboard or riding as a passenger upon a motorized bicycle, motorized scooter, or motorized skateboard on any public area in the city shall wear:

(1)

An approved helmet designed for safety and shall have either the neck or chin strap of the helmet fastened securely while the motorized scooter is in motion; and

(2)

Safety equipment. "Helmet" means a protective covering for the head consisting of a hard outer shell, padding adjacent to and inside the outer shell, and a neck or chin strap type retention system, which meets or exceeds the standards required by the Federal Consumer Product Safety Commission as adopted by the Code of Federal Regulations 16 C.F.R. § 1203. "Safety equipment" includes footwear that covers the entire foot and toes, protective glasses or goggles, padding for knees, chest and elbows.

Calvert, MO

BILL NO. 591
ORDINANCE NO. 581

AN ORDINANCE OF THE VILLAGE OF CALVERTON PARK, MISSOURI, REQUIRING THE WEARING OF BICYCLE HELMETS WHEN OPERATING A BICYCLE, OR USING IN-LINE SKATES, ROLLER SKATES, SKATEBOARDS, OR SCOOTERS ON A PUBLIC ROADWAY, SIDEWALK, PUBLIC BICYCLE PATH, ALLEYS, PUBLIC PARKING LOTS, OR OTHER PUBLIC RIGHTS OF WAY.

NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF CALVERTON PARK, ST. LOUIS COUNTY, MISSOURI, AS FOLLOWS:

Section 1.: For the purposes of this ordinance, the term bicycle helmet is defined as a piece of headgear which meets or exceeds the impact standards for protective bicycle helmets set by the U.S. Consumer Products Safety Commission Federal Safety Standards, those developed by the American Nation Standards Institute (ANSI), the Snell Memorial Foundation, or the American Society of Testing and Materials (ASTM)

Section 2.: Every person operating or being a passenger on a bicycle or using in-line skates, roller skates, skateboards or scooters on a public roadway, sidewalk, public bicycle path, alley, public parking lot or other public right of way in the Village of Calverton Park shall wear a bicycle helmet of good fit, fastened securely on the head with the straps of the helmet.

Section 3.:° No person operating a bicycle on a public roadway, sidewalk, public bicycle path, alley, public parking lot or other public right of way in the Village of Calverton Park shall allow anyone to ride as a passenger unless the passenger is wearing a bicycle helmet.

Section 4.: No parent, custodian or legal guardian of a person age 16 and under shall knowingly permit said person to operate or be a passenger on a bicycle or to use in-line skates, roller skates, skateboards or scooters on a public roadway, sidewalk, public bicycle path, alley, public parking lot or other public right of way in the Village of Calverton Park without wearing a bicycle helmet.

Section 5.: No person shall permit another to use his bicycle, in-line skates, roller skates, skateboards or scooter, over which use he has custody or control, in or on any public roadway, sidewalk, public bicycle path, alley or public parking lot or other public right of way in the Village of Calverton Park unless that person wears a bicycle helmet while using said equipment.

Section 6.: This Ordinance shall be in full force and effect from and after its date of passage and approval by the Board of Trustees, and being duly signed by the Chairman of the Board of Trustees and attested to by the Village Clerk.

PASSED this ______ day of _____ 2001.

CHAIRMAN, BOARD OF TRUSTEES
Village of Calverton Park, Missouri

ATTEST:
Margaret Klitzing
Village Clerk
Village of Calverton Park,
Missouri

Carl F. Kohnen
Village Attorney
Village of Calverton Park,
Missouri

Creve Coeur, MO

§ 370.130 Bicycle Helmet Required.

[R.O. 2008 §16-457; Ord. No. 2049 §3, 1-24-2000; Ord. No. 5397 §1, 10-27-2014]

Every person operating or being a passenger on a bicycle or motorized bicycle or using in-line skates, roller skates, a skateboard, a scooter, or similar wheeled device on a public roadway, public bicycle path or other public rights-of-way shall wear a bicycle helmet of good fit, fastened securely upon the head with the straps of the helmet.

No person operating a bicycle or motorized bicycle or using in-line skates, roller skates, a skateboard, a scooter, or similar wheeled device on a public roadway, public bicycle path or other public rights-of-way shall allow anyone to ride as a passenger unless the passenger is wearing a bicycle helmet of good fit, fastened securely upon the head with the straps of the helmet, or else is in an enclosed trailer or other device properly attached to a bicycle which meets or exceeds current nationally recognized standards of design and manufacture for the protection of the passenger's head from impacts in an accident without the need for a helmet.

No parent, custodian or legal guardian of a person age sixteen (16) and under shall knowingly permit said person to operate or be a passenger on a bicycle or motorized bicycle or to use in-line skates, roller skates, a skateboard, a scooter, or similar wheeled device, without wearing a bicycle helmet of good fit, fastened securely upon the head with the straps of the helmet.

No person operating a bicycle or motorized bicycle on a public roadway, public bicycle path or other public right-of-way shall allow anyone who is either four (4) years old or younger, weighing forty (40) pounds or less, to ride as a passenger on the bicycle or motorized bicycle other than in a seat which shall adequately retain the passenger in place and protect the passenger from the bicycle's or motorized bicycle's moving parts.

A person regularly engaged in the business of renting bicycles, motorized bicycles, in-line skates, roller skates, skateboards, scooters, or similar wheeled devices shall require each person seeking to rent one (1) or more of these items to provide his/her signature either on the rental form or on a separate form indicating both of the following:

Receipt of a written explanation of the provisions of this Section and the penalties for violations as provided in Code Section 100.090.

A statement concerning whether the person will be an operator or passenger on the bicycle, motorized bicycle, in-line skates, roller skates, skateboard, scooter, or similar wheeled device in an area where the use of a bicycle helmet is required.

A person regularly engaged in the business of selling or renting bicycles, motorized bicycles, in-line skates, roller skates, skateboards, scooters, or similar wheeled devices shall provide a bicycle helmet to any person who will be an operator or passenger on the bicycle, motorized bicycle, in-line skates, roller skates, skateboard, scooter, or similar wheeled device in an area requiring a bicycle helmet, if the person does not already have a helmet in his/her possession. A reasonable fee may be charged for the bicycle helmet rental.

Any operator or passenger found to be in violation of this Section may be issued an equipment violation notice as prescribed on a Missouri Uniform Complaint and Summons. The person responsible for payment of the violation may have the violation dismissed, if it is his/her first such notice of violation and the person submits a receipt for a proof of purchase of a bicycle helmet along with the helmet to the Creve Coeur Police Department within five (5) calendar days of the date of the violation notice.

Fines assessed to juvenile violators [age sixteen (16) and under] will be the legal responsibility of the violator's parent, custodian or legal guardian; and therefore any summons issued as a result of a violation committed by such a juvenile shall be issued to the violator's parent, custodian or legal guardian.

This Section shall only apply to bicycles, motorized bicycles, in-line skates, roller skates, skateboards, scooters, and similar wheeled devices operated on a public roadway, public bicycle path or other public rights-of-way and not on private residential property.

Creve Coeur, MO Penalty

6/12/2017
City of Creve Coeur, MO
Monday, June 12, 2017

Chapter 370. Bicycles and Motorized Bicycles

Section 370.080. Penalty For Violation.

Any person seventeen (17) years of age or older who violates any provision of this Chapter is guilty of an ordinance violation and, upon conviction thereof, shall be punished by a fine of not less than five dollars ($5.00) nor more than twenty-five dollars ($25.00). If any person under seventeen (17) years of age violates any provision of this Chapter in the presence of a Police Officer, said officer may impound the bicycle or motorized bicycle involved for a period not to exceed five (5) days upon issuance of a receipt to the child riding it or to its owner.

Section 370.130. Bicycle Helmet Required.

[R.O. 2008 §16-457; Ord. No. 2049 §3, 1-24-2000; Ord. No. 5397 81, 10-27-2014]

A. Every person operating or being a passenger on a bicycle or motorized bicycle or using in-line skates, roller skates, a skateboard, a scooter, or similar wheeled device on a public roadway, public bicycle path or other public rights-of-way shall wear a bicycle helmet of good fit, fastened securely upon the head with the straps of the helmet.

B. No person operating a bicycle or motorized bicycle or using in-line skates, roller skates, a skateboard, a scooter, or similar wheeled device on a public roadway, public bicycle path or other public rights-of-way shall allow anyone to ride as a passenger unless the passenger is wearing a bicycle helmet of good fit, fastened securely upon the head with the straps of the helmet, or else is in an enclosed trailer or other device properly attached to a bicycle which meets or exceeds current nationally recognized standards of design and manufacture for the protection of the passenger’s head from impacts in an accident without the need for a helmet.

C. No parent, custodian or legal guardian of a person age sixteen (16) and under shall knowingly permit said person to operate or be a passenger on a bicycle or motorized bicycle or to use in-line skates, roller skates, a skateboard, a scooter, or similar wheeled device, without wearing a bicycle helmet of good fit, fastened securely upon the head with the straps of the helmet.

D. No person operating a bicycle or motorized bicycle on a public roadway, public bicycle path or other public right-of-way shall allow anyone who is either four (4) years old or younger, weighing forty (40) pounds or less, to ride as a passenger on the bicycle or motorized bicycle other than in a seat which shall adequately retain the passenger in place and protect the passenger from the bicycle’s or motorized bicycle’s moving parts.

E. A person regularly engaged in the business of renting bicycles, motorized bicycles, in-line skates, roller skates, skateboards, scooters, or similar wheeled devices shall require each person seeking to rent one (1) or more of these items to provide his/her signature either on the rental form or on a separate form indicating both of the following:

1. Receipt of a written explanation of the provisions of this Section and the penalties for violations as provided in Code Section 100.090.

2. A statement concerning whether the person will be an operator or passenger on the bicycle, motorized bicycle, in-line skates, roller skates, skateboard, scooter, or similar wheeled device in an area where the use of a bicycle helmet is required.

F. A person regularly engaged in the business of selling or renting bicycles, motorized bicycles, in-line skates, roller skates, skateboards, scooters, or similar wheeled devices shall provide a bicycle helmet to any person who will be an operator or passenger on the bicycle, motorized bicycle, in-line skates, roller skates, skateboard, scooter, or similar wheeled device in an area requiring a bicycle helmet, if the person does not already have a helmet in his/her possession. A reasonable fee may be charged for the bicycle helmet rental.

G. Any operator or passenger found to be in violation of this Section may be issued an equipment violation notice as prescribed on a Missouri Uniform Complaint and Summons. The person responsible for payment of the violation may have the violation dismissed, if it is his/her first such notice of violation and the person submits a receipt for a proof of purchase of a bicycle helmet along with the helmet to the Creve Coeur Police Department within five (5) calendar days of the date of the violation notice.

H. Fines assessed to juvenile violators [age sixteen (16) and under] will be the legal responsibility of the violator’s parent, custodian or legal guardian; and therefore any summons issued as a result of a violation committed by such a juvenile shall be issued to the violator’s parent, custodian or legal guardian.

I. This Section shall only apply to bicycles, motorized bicycles, in-line skates, roller skates, skateboards, scooters, and similar wheeled devices operated on a public roadway, public bicycle path or other public rights-of-way and not on private residential property.

http://ecode360.com/print/CR3277?guid=28141494,28141501

Glendale, MO

§ 340.100 Riding Bicycles, In-Line Skates, Roller Skates, Skateboards and Electric Personal Assistive Mobility Devices, Regulated — Motorized Bicycles on Sidewalks Prohibited.

[R.O. 2010 §340.110; Ord. No. 12-08 §1, 6-2-2008]

Definitions. As used in this Section, the following terms shall have these prescribed meanings:

BICYCLE

A human-powered vehicle with two (2) wheels in tandem designed to transport, by the act of pedaling, one (1) or more persons seated on one (1) or more saddle seats on the frame. "Bicycle" includes, but is not limited to, a human-powered vehicle designed to transport by the act of pedaling which has more than two (2) wheels when the vehicle is used on a public roadway, public bicycle path, or other public road or right-of-way. This also includes a tricycle.

ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICE

A self-balancing, two (2) non-tandem wheeled device, designed to transport only one (1) person, with an electric propulsion system with an average power of seven hundred fifty (750) watts (one (1) horsepower), whose maximum speed on a paved level surface, when powered solely by such a propulsion system while ridden by an operator who weighs one hundred seventy (170) pounds, is less than twenty (20) miles per hour.

IN-LINE SKATES, ROLLER SKATES

A pair of devices worn on the feet with a set of wheels attached, regardless of the number or placement of those wheels, and used to guide or propel the user over the ground.

OPERATOR

OTHER PUBLIC RIGHTS-OF-WAY

Any rights-of-way other than a public roadway, public bicycle path or sidewalk that is under the jurisdiction and control of the State of Missouri or the City of Glendale.

PASSENGER

Any person who travels in a motor vehicle in any manner except as a driver; and any person who travels on a bicycle in any manner except as the operator.

PROTECTIVE HEADGEAR (AKA: BICYCLE HELMET)

A piece of headgear which meets or exceeds the impact standard for protective bicycle helmets set by the U.S. Consumer Products Safety Commission Federal safety standards, those developed by the American National Standards Institute (ANSI), the Snell Memorial Foundation or the American Society of Testing and Materials (ASTM).

PUBLIC BICYCLE PATH

A right-of-way under the jurisdiction and control of the State, or the City of Glendale, for use primarily by bicyclists and pedestrians.

SKATEBOARD

A set of wheels attached to a platform or flat surface, regardless of the number or placement of those wheels, and used to glide or propel the user over the ground.

Protective Headgear Required.

Every person operating or being a passenger on a bicycle, or using in-line skates, roller skates, a skateboard or an electric personal assistive mobility device on a public roadway, public bicycle path or other public right-of-way, shall wear protective headgear of good fit, fastened securely upon the head with the straps of the helmet.

No person operating a bicycle on a public roadway, public bicycle path or other public right-of-way shall allow anyone to ride as a passenger unless the passenger is wearing protective headgear as defined in this Section; or else is in an enclosed trailer or other device which meets or exceeds current nationally recognized standards of design and manufacture for the protection of the passenger's head from impacts in an accident without the need for said protective headgear.

No person operating a bicycle on a public roadway, public bicycle path or other public right-of-way shall allow anyone who is either four (4) years old or younger, weighing forty (40) pounds or less, to ride as a passenger on the bicycle; other than in a seat which shall adequately retain the passenger in place and protect the passenger from the bicycle's moving parts.

A person regularly engaged in the business of renting bicycles, in-line skates, roller skates, skateboards or electric personal assistive mobility devices shall require each person to rent one (1) or more of these items to provide his or her signature either on the rental form or on a separate form indicating both of the following:

Receipt of a written explanation of the provisions of this Section and the penalties for the violations.

A statement concerning whether the person will be an operator or passenger on the bicycle or use in-line skates, roller skates or skateboards in an area where the use of protective headgear is required.

A person regularly engaged in the business of selling or renting bicycles, in-line skates, roller skates, skateboards or electric personal assistive mobility devices shall provide protective headgear to any person who will be an operator or passenger on the bicycle or use the in-line skates, roller skates, skateboards or electric personal assistive mobility devices in an area requiring protective headgear, if the person does not already have a helmet in his or her possession. A reasonable fee may be charged for protective headgear rental.

Any operator or passenger as defined in this Section found to be in violation of this Section might be issued an equipment violation notice as prescribed on a Missouri Uniform Complaint and Summons. The person responsible for payment of the violation may have the violation dismissed, if the person submits a receipt for a proof of purchase of protective headgear, along with the helmet, to the Glendale Police Department within five (5) calendar days of the date of the violation notice.

This Section shall only apply to bicycles, in-line skates, roller skates, skateboards or electric personal assistive mobility devices operated on public access and not on private residential property.

Glendale, MO

SECTION 380.110: OPERATORS AND PASSENGERS TO WEAR HELMETS A. It shall be unlawful for: 1. Any person to operate or be a passenger on a bicycle, scooter, roller skates, roller blades or skateboard unless such person shall wear protective headgear which properly fits and is fastened securely upon the head of the operator or passenger, and 2. A parent or guardian to permit a child under the age of seventeen (17) years to operate or be a passenger on such devices without wearing properly fitted headgear. B. The required headgear shall meet or exceed the impact standards for protective bicycle helmets set by the U. S. Consumer Products Safety Commission, the American National Standards Institute (ANSI), the Snell Memorial Foundation or the American Society of Testing and Materials (ASTM). (Vil. Ord. No. 572-03, 11-18-03)

SECTION 380.130: PENALTIES Every person convicted of a violation of any provision of this Chapter shall be punished by a fine of not more than one hundred dollars ($100.00). Provided, however, that any parent or guardian found to be in violation of Section 380.110 may be issued an equipment violation notice as prescribed on a Missouri Uniform Complaint and Summons, which violation may be dismissed if the parent or guardian brings an approved helmet to the Grantwood Village Police Department within twenty five (25) working days of the receipt of the violation and receives compliance verification as set forth on the back of the Missouri Uniform Complaint and Summons. (Vil. Ord. No. 572-03, 11-18-03)

Olivette, MO

5/31/2018
City of Olivette, MO

Chapter 375. Alternative Vehicles

Section 375.070. Parental Responsibility.

[Ord. No. 2373 §§1—2(270.4308), 5-27-2008]

A. It shall be unlawful for any parent or guardian to knowingly permit or allow a child under the age of seventeen (17) years to operate or use a bicycle, EPAMD, motorized alternative vehicle or non-motorized alternative vehicle in violation of this Section.

B. Any Police Officer finding a child under the age of seventeen (17) violating the provisions of this Section may issue a written warning to the parent or guardian of such child giving notice of the violation and advising the parent or guardian of his or her responsibility under this Section. A record of any such warning shall be kept by the Police Department.

C. A written notice provided pursuant to this Section shall be prima facie evidence of a presumption of knowledge on the part of the parent or guardian of the child’s propensity to operate or use a bicycle, EPAMD, motorized alternative vehicle or non-motorized alternative vehicle in violation of this Section.

Section 375.080. Certain Operators and Passengers To Wear Helmets.

[Ord. No. 2373 §§1—2(270.430h), 5-27-2008]

A. lt shall be unlawful for any individual to operate or be a passenger on a bicycle, EPAMD, motorized alternative vehicle or non-motorized alternative vehicle unless the individual wears protective headgear that properly fits and is fastened securely upon the head of the operator or passenger.

B. It shall be unlawful for a parent or guardian to permit a child under the age of seventeen (17) years to operate or be a passenger on a bicycle, EPAMD, motorized alternative vehicle or non-motorized alternative vehicle unless the child shall wear protective headgear which properly fits and is fastened securely upon the head of the operator or passenger.

C. The headgear shall meet or exceed the impact standard for protective bicycle helmets set by the U.S. Consumer Products Safety Commission, the American National Standards Institute (ANS), the Snell Memorial Foundation or the American Society of Testing and Materials (ASTM).

D. Any individual, parent or guardian found to be in violation of this Subsection may be issued a violation notice, which violation may be dismissed if the individual, parent or guardian brings an approved helmet to the Olivette Police Department within twenty-five (25) working days of receipt of the violation.

Section 375.090. Penalty For Violation.

[Ord. No. 2373 §§1—2(270.430i), 5-27-2008]

A. Any person who shall be convicted of a violation of the provisions of this Section shall be punished as provided in Section 100.180 of this Code or as otherwise permitted or required by law.

B. If a person violating the provisions of this Section is, by reason of age, not subject to the jurisdiction of the Olivette Municipal Court, then:

1. Said person may be prosecuted through the St. Louis County Juvenile Court, and

2. The Police Officers of the City are hereby authorized to impound the device involved and retain possession of same until such time as the parent or guardian of the violator shall appear at the Police Department and claim the impounded device.

https://ecode360.com/print/OL3384 ?guid=27600868,27600872,27600877

Olivette, MO Penalty

Thursday, May 31, 2018
City of Olivette, MO

Chapter 100. General Provisions
Article IV. Ordinance Enforcement and Penalties

Section 100.180. Ordinance Enforcement.

[R.O. 2008 §10.270; Ord. No. 992, 12-28-1971; Ord. No. 1040, 10-24-1972; Ord. No. 2252, 8-24-2004; Ord. No. 2282, 6- 28-2005]

A. General Penalty.

Whenever in this Code or in any ordinance of the City or in any rule, regulation, notice, condition, term or order promulgated by any officer or agency of the City under authority duly vested in him/her or it, any act is prohibited or is declared to be unlawful or an offense or misdemeanor or the doing of any act is required or the failure to do any act is declared to be unlawful or an offense or a misdemeanor, where no specific penalty is provided therefor, the violation of any such provision of this Code or any such ordinance, rule, regulation, order or notice shall be punished by a fine not exceeding one thousand dollars ($1,000.00) or by imprisonment not to exceed ninety (90) days, or by both such fine and imprisonment, but in any case wherein a lesser penalty for an offense is fixed by any Statute, the statutory limit shall apply.
Except where otherwise provided, each and every day any such chargeable violation exists, each such day shall constitute a separate offense.
Whenever any act is prohibited by this Code, by an amendment thereof or by any rule or regulation adopted thereunder, such prohibition shall extend to and include the causing, securing, aiding or abetting of another person to do said act. Whenever any act is prohibited by this Code, an attempt to do the act is likewise prohibited.
In case of the amendment by the City Council of any Section of such Code for which a penalty is not provided, the general penalty as provided in Subsection (A) of this Section shall apply to the Section as amended. If an amendment contains provisions for which a penalty, other than the aforementioned general penalty, is provided in another Section in the same Chapter, the penalty so provided in such other Section shall be held to relate to the Section so amended.
Minor traffic and Municipal ordinance violations. The punishment of a “minor traffic violation” and a “municipal ordinance violation” as defined by Section 300.010 of the Olivette Municipal Code shall be subject to the following:
[Ord. No. 2560 § 2, 8-25-2015; Ord. No. 2595 § 3, 9-27-2016]
a. The maximum fine and court costs that can be imposed for the violation of:
(1) Any minor traffic violation shall be two hundred twenty-five dollars ($225.00); and
(2) For any municipal ordinance violation(s) committed within a twelve (12) month period beginning with the first violation, two hundred dollars ($200.00) for the first violation, two hundred seventy-five dollars ($275.00) for the second violation, three hundred fifty dollars ($350.00) for the third violation, and four hundred fifty dollars ($450.00) for the fourth and any subsequent violation.
b. Minor traffic violations and municipal ordinance violations shall not be punishable by imprisonment, unless the violation: (i) involved alcohol or controlled substances, (ii) endangered the health or welfare of others, or (iii) involved eluding or giving false information to a law enforcement officer.
c. A person convicted of a minor traffic violation or a municipal ordinance violation shall not be placed in confinement for failure to pay a fine unless such nonpayment violates the terms of the person’s probation or unless the due process procedures mandated by the Missouri Supreme Court Rule 37.65 or its successor are strictly followed by the court.
d. Court costs shall be assessed against such person unless the court finds that the defendant is indigent or the case is dismissed.

B. Equitable Relief. In addition to any other remedies or penalties established for violations of any ordinance or Code Section or any rule, regulation, notice, condition, term or order promulgated by any officer or agency of the City under duly vested authority, the City Official responsible for the enforcement of such ordinance, Code Section, rule, regulation, notice, condition, term or order may, on behalf of the City and after approval by the City Council, apply to a court of competent jurisdiction for such legal or equitable relief as may be necessary to enforce compliance with such ordinance, Code Section, rule, regulation, notice, condition, term or order. In such action the court may grant such legal or equitable relief, including, but not limited to, mandatory or prohibitory injunctive relief, as the facts may warrant. Upon the successful prosecution of any such action, the City may be awarded by the court reasonable attorney fees as allowed by law.

C. Restrictions On Delinquent Applicants.

For the purposes of this Section, the following terms shall have the following meanings:
APPLICANT
An individual or a corporation, firm, partnership, joint venture, association, organization or entity of any kind, including any shareholder, owner, officer, partner, joint venturer or member of such entity or any other person holding an ownership interest in such entity requesting any City permit, license, franchise or other approval.
RELATED PERSON OR ENTITY
a. Affirm, partnership, joint venture, association, organization or entity of any kind in which the applicant holds any stock, title or other ownership interest of at least twenty percent (20%),
b. A firm, partnership, joint venture, association, organization or entity of any kind which holds any stock, title or other ownership interest in the applicant of at least twenty percent (20%), or
c. An individual, firm, partnership, joint venture, association, organization or entity of any kind, whose affairs the applicant has the legal or practical ability to direct, either directly or indirectly, whether by contractual agreement, majority ownership interest, any lessor ownership interest, familial relationship or in any other manner.
RELEVANT LAW
a. Any Statute or regulation of the United States or the State of Missouri,
b. Any ordinance or Code Section of the City or any rule, regulation, notice, condition, term or order promulgated by any officer or agency of the City under duly vested authority, or
c. Any final judgment or order of any court of competent jurisdiction, when a Statute, ordinance, Code Section, rule, regulation, notice, condition, term, order or judgment at issue regulates conduct or conditions germane to the issuance of the requested permit, license, franchise or other approval as provided by the applicable Statute, ordinance or Code Section of the City Council.
In enforcing or administering the ordinances of the City, no permit, license, franchise or approval of any kind shall be granted to any applicant if the applicant or a related person or entity is charged with, or in violation of, any relevant law until such time as the applicant or the related person or entity resolves the pending charge or comes into compliance with the relevant law. This shall include any unpaid obligations or debts to the City of Olivette, including special assessments on applicable property.
In acting on any new application or on any reapplication by an applicant whose prior permit, license, franchise or other approval has been denied, suspended, revoked or forfeited, the reviewing or enforcement officer may consider past violations of relevant law by the applicant or a related person or entity in considering whether to issue the permit, license, franchise or approval requested by the applicant. Taking into account the nature and character of the permit, license, franchise or other requested approval in question and the need for the City to rely on representations and/or future conduct by the applicant when acting pursuant to the permit, license, franchise or other requested approval by the City, the reviewing or enforcement officer may deny the application or reapplication if the past violations of relevant law are reasonably recent in time and of such character or magnitude as to reasonably call into question the fitness of the applicant or the City’s ability to rely on representations and/or future conduct by the applicant.
If a permit, license, franchise or other approval has been denied, suspended, revoked or forfeited, the applicant may not submit a new application for one (1) year from the date of the denial, suspension, revocation or forfeiture unless the reviewing or enforcement officer finds that substantial new facts or a change in circumstances warrant reconsideration; provided however, that if the ordinances governing the particular permit, license, franchise or other approval in question prescribe a different disqualification period, those ordinances shall govern.
Any aggrieved applicant may appeal the decision of the reviewing or enforcement officer to the City Manager within five (5) business days of said decision. The City Manager may reverse or modify the decision of the reviewing or enforcement officer provided the applicant:
a. Establishes a good faith effort to effect compliance with this Section and any relevant law,
b. Establishes an inability to effect compliance with any relevant law because of the ownership structure of any pertinent related entity, if the denial in question was due to conduct or circumstances of a related person or entity, or
c. Establishes that the applicant has not been charged with a violation of relevant law or is or, if applicable, was not in violation of relevant law.

https://ecode360.com/print/OL3384 ?guid=27598387

Pagedale, MO

§ 385.150 Safety Equipment.

[Ord. No. 1218 §1, 2-14-2002]

For all purposes of this Section, the term "bicycle or similar device" shall include bicycles, scooters, roller blades, skateboards and similar devices.

No person shall operate or be a passenger upon any bicycle or similar device on any City public street, sidewalk, alley or passageway unless wearing and equipped with a helmet of good fit, fastened securely upon his/her head. The term "helmet", as used herein, shall mean a piece of headgear which meets or exceeds the impact standard for protective bicycle helmetsestablished by the U.S. Consumer Products Safety Commission Federal Safety Standards, by the American National Standards Institute ("ANSI"), by the Snell Memorial Foundation or by the American Society of Testing and Materials ("ASTM").

No person operating a bicycle or similar device on any City public street, sidewalk, alley or passageway shall permit any person to be a passenger on such bicycle or similar device without him/her wearing a secure helmet.

No parent, guardian or custodian of a child sixteen (16) years or less shall knowingly permit any said child to operate or be a passenger upon any bicycle or similar device on any City public street, sidewalk, alley or passageway without said minor wearing a secure helmet.

No person operating a bicycle on any City public street, sidewalk, alley or passageway shall allow any child either four (4) years or younger and weighing forty (40) pounds or less to ride as a passenger other than in a seat which adequately retains the child in place and protects the child from the bicycle's moving parts.

Any fines imposed upon a person sixteen (16) years or less for violation of any portion of this Section shall be the legal responsibility of the person's parent, guardian or custodian.

The violation of any portion of this Section may be punished by a fine not to exceed two hundred fifty dollars ($250.00).

Town and Country, MO

[Ord. No. 2674 §1, 3-12-2002]

Every person operating or being a passenger on a bicycle or using in-line skates, roller skates, skateboards or scooters or any other similar two- or four-wheeled recreational devices upon any highway, roadway, alleyway or public right-of-way within the City limits of the City of Town and Country shall wear a bicycle helmet of good fit, fastened securely upon the head with the straps of the helmet.

"Bicycle helmet" shall be defined as a piece of headgear which meets or exceeds the impact standard for protective bicycle helmets set by the U.S. Consumer Products Safety Commission Federal safety standards, those developed by the American National Standards Institute (ANSI), the Snell Memorial Foundation or the American Society of Testing and Materials (ASTM).

No parent, custodian or legal guardian of a person age sixteen (16) and under shall knowingly permit said person:

To operate or be a passenger on a bicycle operated upon any highway, roadway, alleyway or public right-of-way within the City limits of the City of Town and Country without wearing a helmet as required by this Section, or

To use in-line skates, roller skates, skateboards or scooters upon any highway, roadway, alleyway or public right-of-way within the City limits of the City of Town and Country without wearing a bicycle helmet as defined in this Section.

No person operating a bicycle upon any highway, roadway, alleyway or public right-of-way within the City limits of the City of Town and Country shall allow anyone who is four (4) years old or younger to ride as a passenger on the bicycle other than in a seat which shall adequately retain the passenger in place and protect the passenger from the bicycle's moving parts.

Any operator or passenger, as defined in this Section, found to be in violation of this Section may be issued an equipment violation notice as prescribed on a Missouri Uniform Complaint and Summons. Every violation of any provision of this Section shall be punishable by a fine of not less than five dollars ($5.00) nor more than twenty-five dollars ($25.00); provided however, that any person responsible for payment of the violation of this Section may have the violation dismissed, if the person submits a receipt for a proof of purchase of a bicycle helmet along with the helmet to the Town and Country Police Department within fourteen (14) calendar days of the date of the violation notice. An affidavit of helmet ownership shall be accepted in lieu of a receipt of helmet purchase. The right to a dismissal as stated herein shall be applicable only to those persons who receive or are responsible for a first (1st) violation of this Section.

Fines assessed to juvenile violators (age sixteen (16) and under) will be the legal responsibility of the violator's parent, custodian or legal guardian and therefore any summons issued as a result of a violation committed by such a juvenile shall be issued to said violator's parent, custodian or legal guardian.

Section 375.110 Penalty For Violation.

Any person seventeen (17) years of age or older who violates any provision of this Article, is guilty of an infraction and, upon conviction thereof, shall be punished by a fine of not less than five dollars ($5.00) nor more than twenty-five dollars ($25.00). Such an infraction does not constitute a crime and conviction shall not give rise to any disability or legal disadvantage based on conviction of a criminal offense. If any person under seventeen (17) years of age violates any provision of this Article in the presence of a Peace Officer possessing the duty and power of arrest for violation of the general criminal laws of the State or for violation of ordinances of counties or municipalities of the State, said officer may impound the bicycle or motorized bicycle involved for a period not to exceed five (5) days upon issuance of a receipt to the child riding it or to its owner.

Velda City, MO

Velda City, Missouri
Section 390.090
Bicycles — In-Line Skates — Roller Skates — Skateboards — Non-Motorized Scooters — Helmets Required.
[Ord. No. 588 §2, 4-12-2006]

Every person operating or being a passenger on a bicycle or using in-line skates, roller skates, skateboards or non-motorized scooters on a public roadway, public bicycle path or other public rights-of-way shall wear a bicycle helmet of good fit, fastened securely upon the head with the straps of the helmet.

No person operating a bicycle on a public roadway, public bicycle path or other public right-of-way shall allow anyone who is either four (4) years old or younger, weighing forty (40) pounds or less, to ride as a passenger on the bicycle other than in a seat which shall adequately retain the passenger in place and protect the passenger from the bicycle's moving parts.

Any operator or passenger, as defined in this Section, found to be in violation of this Section, may be issued an equipment violation notice as prescribed on a Missouri Uniform Complaint and Summons. The person responsible for payment of the violation may have the violation dismissed if the person submits a receipt for a proof of purchase of a bicycle helmet along with the helmet to the Velda City Police Department within fourteen (14) calendar days of the date of the violation notice.

Fines assessed to juvenile violators (age sixteen (16) and under) will be the legal responsibility of the violator's parent, custodian or legal guardian and, therefore, any summons issued as a result of a violation committed by such a juvenile shall be issued to said violator's parent, custodian or legal guardian.

This Section shall only apply to bicycles, in-line skates, roller skates, skateboards and non-motorized scooters operated on public access or rights-of-way and not on private residential property.

Velda Village, MO

[Ord. No. 2674 §1, 3-12-2002]

No parent, custodian or legal guardian of a person age sixteen (16) and under shall knowingly permit said person:

Any operator or passenger, as defined in this Section, found to be in violation of this Section may be issued an equipment violation notice as prescribed on a Missouri Uniform Complaint and Summons. Every violation of any provision of this Section shall be punishable by a fine of not less than five dollars ($5.00) nor more than twenty-five dollars ($25.00); provided however, that any person responsible for payment of the violation of this Section may have the violation dismissed, if the person submits a receipt for a proof of purchase of a bicycle helmet along with the helmet to the Town and Country Police Department within fourteen (14) calendar days of the date of the violation notice. An affidavit of helmetownership shall be accepted in lieu of a receipt of helmet purchase. The right to a dismissal as stated herein shall be applicable only to those persons who receive or are responsible for a first (1st) violation of this Section.

Section 375.110 Penalty For Violation.

New York

Greenburgh, NY

§ 460-78 Prohibitions.

No person operating a bicycle shall carry an infant under the age of one year as a passenger by any means whatsoever, including use of a bicycle seat, body pack or by any other means.

No person operating a bicycle shall carry as a passenger any person between the ages of one year and five years unless such passenger is placed in a separate seat, securely attached to the bicycle, and such seat is capable of retaining the passenger in place and protecting the passenger from the moving parts of the bicycle.

No person shall operate a two-wheeled bicycle or be carried as a passenger unless such person is wearing a helmet meeting the standards of the American National Standards Institute (ANSI) or the Snell Memorial Foundation's standards for protective headgear for use in bicycling. Vehicles and Traffic > Bicycle Helmets

§ 460-79 Penalties for offenses; waiving of fine; failure to comply.

Any person who violates any of the provisions of this article shall, upon conviction, be guilty of a violation and liable for a civil fine not to exceed $50.

The court may waive any fine for a person who violates any provision of this article where the court is supplied with proof that between the date of violation and the appearance date for violation of this article a person accused of a violation has purchased, rented or otherwise secured possession of a helmet.

The court may, in its discretion, waive any fine for which a person who violates the provisions of this article would otherwise be liable if the court finds that due to reasons of economic hardship such person was unable to purchase a helmet or due to such economic hardship such person was unable to obtain a helmet from the statewide bicycle helmet distribution program, as established in § 206 of the Public Health Law, or other local distribution program.

The failure of any person to comply with the provisions of this article shall not constitute contributory negligence or assumption of risk and shall not in any way bar, preclude or foreclose an action for personal injury or wrongful death by or on behalf of such person, nor in any way diminish or reduce the damages recoverable in any such action.

Rockland, NY

Carrying of infants.

No person operating a bicycle shall allow a person who is under one year of age to ride as a passenger on a bicycle, nor shall such person be carried in a pack fastened to the operator. A first violation of the provisions of this section shall result in no fine. A second violation shall result in a civil fine not to exceed $50.

§ 217-2 Helmet and child seat requirements.

No person shall operate a bicycle or ride as a passenger on bicycle unless:

Such operator or passenger is wearing a helmet meeting the standards of the American National Standards Institute (Ansi Z 90.4 bicycle helmet standards) or the Snell Memorial Foundation's 1984 Standard for Protective Headgear for Use in Bicycling. For the purposes of this section, "wearing a helmet," means having a helmet of good fit fastened securely upon the head with the helmet straps; and

For passengers one or more years of age and less than five years of age, such passenger is also placed in a separate seat attached to the bicycle and such seat shall have adequate provision for retaining the passenger in place and for protecting the passenger from the moving parts of the bicycle.

§ 217-3 Penalties for offenses.

Any person who violates the provisions of § 217-2 of this Article shall pay a civil fine not to exceed $50.

§ 217-4 Waiver of fine.

The court shall waive any fine for which a person who violates the provisions of § 217-2A of this article would be liable if such person supplies the court with proof that between the date of violation and the appearance date for such violation such person purchased or rented a helmet which meets the requirements of § 217-2A. Further, the court shall waive any fine for which a person who violates the provisions of § 217-2B of this Article would be liable if such person supplies the court with proof that between the date of violation and the appearance date for such violation such person purchased or rented a seat which meets the requirements of § 217-2B. Such waiver of fine shall not apply to a second or subsequent conviction under Subsection A or B of § 217-2 of this article.

North Carolina

Black Mountain, NC

Sec. 47-238. - Bicycle operating and protection standards.

(a)

Every person operating a bicycle on a public right-of-way or on any property open to the public or used by the public for pedestrian or vehicular purposes shall ride on a permanent and regular attached seat.

(b)

Every person operating a bicycle, using rollerblades, or riding on skateboards on a public right-of-way or on any property open to the public or used by the public for pedestrian or vehicular purposes shall wear a helmet of good fit, fastened securely, and meeting:

(1)

The standards set forth in ANSI Z90.4;

(2)

The Snell Memorial Foundation's 1984 Standard for Protective Headgear for Use in Bicycling;

(3)

ASTM bicycle helmet standards; and

(4)

Subsequent amendments to the bicycle helmet standards described above.

(c)

No person operating a bicycle on a public right-of-way or on any property open to the public or used by the public for pedestrian or vehicular purposes shall allow anyone four years old or younger and weighing 40 pounds or less to ride as a passenger on the bicycle other than in a seat which shall adequately retain the passenger in place and protect the passenger from the bicycle's moving parts, or else astride a regular seat of a tandem bicycle.

(d)

No person operating a bicycle on a public right-of-way or on any property open to the public or used by the public for pedestrian or vehicular purposes shall allow anyone to ride as a passenger unless the passenger is wearing a helmet meeting the standards of subsection (b) of this section or else in an enclosed trailer or other device which meets or exceeds current nationally recognized standards of design and manufacture for the protection of the passenger's head from impacts in a accident without the need for a helmet.

(Code 1993, § 76.01)

Sec. 47-239. - Enforcement.

(a)

Any violation of section 47-238(b), (c), or (d) is punishable as provided in section G.S. 14-4 and shall be subject to a fine up to $50.00.

(b)

Failure to observe any provision of this article shall not be admissible as evidence of negligence in a court of law.

(Code 1993, § 76.02; Ord. No. 0-96-06, 5-13-1996; Ord. No. 0-97-07, 7-14-1997)

Secs. 47-240—47-260. - Reserved.

https://www.municode.com/library/nc/black_mountain/codes/code_of_ordinances?nodeId=COOR_CH47TRVE_ARTVIIIHERE_S47-238BIOPPRST

Boone, NC

§ 71.11 BICYCLE EQUIPMENT AND OPERATING REGULATIONS.

(A) Preamble. This section is enacted because:

(1) The major cause of death and permanent disability in bicycle accidents is head injury;

(2) Helmets and child carrying devices which meet nationally recognized standards have been demonstrated to significantly reduce the numbers of head injuries in accidents;

(3) Many cyclists do not use the appropriate equipment; and

(4) Incentives are necessary to encourage bicyclists to wear helmets .

(B) Regulations.

(1) Every person operating a bicycle on a public right-of-way or on any property open to the public or used by the public for pedestrian or vehicular purposes shall ride on a permanent and regular attached seat.

(2) Every person operating a bicycle on a public right-of-way or on any property open to the public or used by the public for pedestrian or vehicular purposes shall wear a helmet of good fit, fastened securely and:

(a) Meeting ANSI Z90.4 standards;

(b) The Snell Memorial Foundation's 1984 Standard for Protective Headgear for Use in Bicycling;

(d) Subsequent amendment(s) to the bicycle helmet standards described above.

(3) No person operating a bicycle on a public right-of-way or on any property open to the public or used by the public for pedestrian or vehicular purposes shall allow anyone four years old or younger and weighing 40 pounds or less to ride as a passenger on the bicycle, other than in a seat which shall adequately retain the passenger in place and protect the passenger from the bicycle's moving parts; or else astride a regular seat of a tandem bicycle.

(4) No person operating a bicycle on a public right-of-way or on any property open to the public or used by the public for pedestrian or vehicular purposes shall allow anyone to ride as a passenger unless the passenger is wearing a helmet as defined in division (B)(2) above or else in an enclosed trailer or other device which meets or exceeds current nationally recognized standards of design and manufacture for the protection of the passenger's head from impacts in an accident without the need for a helmet .

Penalty, see § 70.99

70.99 PENALTY.

(A) General. Except as specifically provided at division (B) of this section, any violation of this title is subject to a civil penalty only and shall not constitute a criminal infraction. Unless specifically provided at division (C) below or elsewhere in this title, whoever violates any provisions of this title shall be subject to the penalty provisions in § 10.99.

(B) Criminal penalties. Any violation of the following sections shall constitute an infraction, punishable by a fine of not more than $50: §§ 71.01 through 71.07, 72.08, Ch. 74, Schedules V, VII, VIII and IX. A violation of § 72.09 shall constitute a Class 3 misdemeanor and shall be subject to a fine of not more than $500.

(G.S. § 14-4(b))

(1) Any violation of the sections of this title set forth below shall subject the offender to those civil penalties hereinafter enumerated. Civil penalties that are not voluntarily paid by the violator may be recovered by the town a civil action in the nature of a debt.

(2) Whenever a member of the Police Department or other person authorized with the enforcement of the provisions of this title regulating the parking of vehicles shall find that any of those provisions are being or have been violated by the owner or operator of the vehicle, the officer or person shall notify the owner or operator of the vehicle of the violation by conspicuously attaching to the vehicle a parking violation notice or citation in a form as the Administrator may direct.

(3) The following civil penalties shall be imposed for violations of sections of this title set forth below. Payment of the penalty shall be due within 30 days after issuance of the notice or citation for the violation.

(a) Any violation of the following sections shall subject the offender to a penalty of $12: §§ 72.01(A)(1), (A)(3) through (A)(5), (A)(7) through (A)(12), and (A)(15) through (A)(19); 72.01(C); 72.02; 72.05 through 72.07; Chapter 75, Schedules III and IV.

(b) Any violation of the following sections shall subject the offender to a penalty of $20: §§ 72.01(A)(6); 72.01(A)(14).

(d) Any violation of the following sections shall subject the offender to a penalty of $50: §§ 70.05(C); 71.08; 71.09(A) and (B); 71.10(A), (B), (C) and (D); 72.01(A)(2).

(e) Any violation of the following sections shall subject the offender to a penalty of $100: § 72.01(A)(13).

(4) A civil penalty of $20, in addition to the one imposed pursuant to division (C)(3) above, shall be imposed in those cases in which the penalty prescribed in division (C)(3) above has not been paid within the designated 30-day period. In the event it is necessary for the town to institute a civil action to collect any civil penalty, the violator shall be responsible for all court costs and attorney's fees incurred by the town.

(5) The first violation of § 71.11(B)(2), (3) or (4) shall be dismissed if the person charged submits proof within ten days that equipment meeting the standards in § 71.11(B)(2), (3) or (4) has been acquired for use by the operator or passenger. Otherwise, any violation of § 71.11(B)(2), (3) or (4) is punishable by a civil penalty in the amount of $50, plus court costs.

(6) All civil penalties paid to the town, as herein provided, shall be paid into the General Fund of the town.

(Ord. passed 10-20-16)

Ohio

Shaker Heights, OH

381.07 BICYCLE SAFETY.

(a) No person over the age of five years shall operate a bicycle within the City unless such person is wearing a protective helmet on his/her head, with the chin strap fastened under the chin. Such helmet shall be fitted to the size of the operator and shall meet or exceed the standards set by ANSI (American National Standards Institute) or SNELL (Snell Memorial Foundation).

(b) No person shall be a passenger on a bicycle within the City unless such person is wearing a protective helmet on his/her head with the chin strap fastened under the chin. Such helmet shall be fitted to the size of the passenger and shall meet or exceed the standards set by ANSI (American National Standards Institute) or SNELL (Snell Memorial Foundation).

(c) No person who is the parent, guardian or legal custodian of a minor who engages in conduct prohibited by subsections (a) and/or (b) hereof shall create a substantial risk to the health or safety of such minor by aiding, abetting, causing, encouraging or permitting conduct which violates subsections (a) or (b) hereof.

(d) When the Director of Health has reason to believe that a person has engaged in conduct in contravention of subsections (a), (b) and (c) hereof, such person, or in the case of a minor, the parent, guardian or legal custodian of such minor, shall be notified of the infraction, in writing by the Director, and of the dangers which may result when a bicycle accident occurs to a person not wearing a helmet.

(e) A violation of subsections (a), (b) or (c) shall be considered a civil infraction, punishable by a penalty of $25 for any violation occurring subsequent to a written notice as provided in subsection (d) hereof.

(f) When the Director of Health has reason to believe that a person has committed a subsequent violation of subsections (a), (b) or (c), he shall provide such person, or in the case of a minor, the parent, guardian or legal custodian, written notice of the violation, and the penalty therefor. Such person or parent, guardian or legal custodian of a minor receiving the written notice of violation may request, in writing, an informal hearing before the Director of Health, within ten (10) days of the date of the notice of violation. Upon receipt of such request, the Director of Health shall schedule an informal hearing wherein the notice of violation may be reviewed with the person requesting the hearing. The Director shall render a decision regarding the violation within a reasonable time after the hearing, advising the parent, guardian or legal custodian, in writing, of his decision. The Director’s decision shall be final.

(g) The Director of Health may waive the $25 civil infraction penalty upon presentation of proof of purchase of a protective helmet which meets or exceeds the standards set forth herein subsequent to the violation, or upon good cause shown, as determined soley by the Director of Health.

(h) This section shall not be applicable to the operation of a bicycle on private residential property.

(i) The Police Department and other departments of the City, as appropriate, shall cooperate with the Director of Health in the enforcement of this section, including, but not limited to, the reporting of violations, and the provision of educational programs concerning bicycle helmet safety. (Ord. 97-75. Enacted 7-21-97.)

Oklahoma

Oklahoma City, OK

§ 38-602. - Bicycles, roller blades, roller skates and skateboard restriction, prohibition and exception; and helmet requirement.

(a) Except where expressly permitted by signs posted by the City, no person shall operate, ride upon, or propel any bicycle, tricycle, velocipede, roller blades, roller skates or skateboard on or over any sidewalk, balcony, walkway, path, plaza, or parking area within the area bounded by the East side of Lincoln Boulevard and the East side of Byers Avenue on the East; the North boundary of the North Canadian River and the South side of S.E. 15th Street on the South; the West side of E. K. Gaylord Boulevard and the West side of Shields Boulevard on the West; and the North side of N.E. 2nd Street to the East side of Walnut Avenue to the North side of N.E. 1st Street to the East side of Lincoln Boulevard on the North, inclusive of the sidewalks on both sides of said streets.

(b) Persons may operate, ride upon, or propel any bicycle, tricycle, and velocipede on or over any dedicated public street or alley and on designated bike trails if operated in conformance with the applicable provisions of this Code.

(c) No person shall operate, ride upon, or propel any roller blades, roller skates or skateboard on or over any dedicated public street or alley within the area bounded by the East side of Lincoln Boulevard and the East side of Byers Avenue on the East; the North boundary of the North Canadian River and the South side of S.E. 15th Street on the South; the West side of E. K. Gaylord Boulevard and the West side of Shields Boulevard on the West; and the North side of N.E. 2nd Street to the East side of Walnut Avenue to the North side of N.E. 1st Street to the East side of Lincoln Boulevard on the North, inclusive of said streets.

(Ord. No. 21276, § 2, 6-29-99; Ord. No. 23099, § 1, 8-29-06)

Washington

Aberdeen, WA

10.14.010 Purpose.

A. The purpose of this chapter is to protect and preserve the public health, safety and welfare. The provisions contained herein shall be liberally construed for the accomplishment of these purposes.

B. It is the express purpose of this chapter to provide for and to promote the health and welfare of the general public and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this chapter.

C. It is the specific intent of this chapter to place the obligation of complying with its requirements upon any person falling within this scope, and no provision of, nor term used in, this chapter is intended to impose any duty whatsoever upon the city of Aberdeen or any of its officers or employees, for whom the implementation or enforcement of this chapter shall be discretionary and not mandatory.

D. Nothing contained in this chapter is intended to be, nor shall be construed to create or to form the basis for, a liability on the part of the city of Aberdeen, or its officers, employees or agents, for any injury or damage resulting from the failure of any person subject to this chapter to comply with this chapter, or by reason or in consequence of any act or omission in connection with the implementation or enforcement of this chapter on the part of the city of Aberdeen by its officers, employees or agents.

E. The city council finds that the Harborview Injury Prevention Study has shown that bicycle helmets reduce by eighty-five percent (85%) the risk of head injuries suffered while operating or driving a bicycle not powered by motor and reduce brain injury by eighty-eight percent (88%).

10.14.020 Definitions.

As used in this chapter, unless the context clearly indicates otherwise, the following terms have the following means. All words used in the present tense include the future and past tense, all words in the plural number include the singular number, and all words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.

"Bicycle or cycle not powered by motor" means every device propelled solely by human power upon which a person or persons may ride, having two or more wheels which are twelve (12) inches or more in diameter, and within this chapter shall include any attached trailers, sidecars, and/or device being towed by a bicycle.

"Guardian" means a parent, legal guardian, adult with custody, or temporary guardian, who maintains responsibility, whether voluntary or otherwise, for the safety and welfare of a person under the age of sixteen (16) years.

"Helmet" means a head covering designed for safety that meets or exceeds safety standards adopted by standard Z-90.4 set by the American National Standards Institute (ANSI), or the Snell Foundation, or such subsequently nationally recognized standard for bicycle helmet performance as the city council may adopt. "Public area" means public roadways, bicycle paths, parks, or any right-of-way, publicly-owned facility, or publicly-owned property within the city of Aberdeen.

10.14.030 Bicycle helmet required.

A. Any person operating or riding on a bicycle or cycle not powered by motor in a public area shall wear a protective helmet designed for bicycle safety. The helmet must be equipped with either a neck or chin strap that shall be fastened securely while the bicycle or cycle not powered by motor is in motion.

B. The guardian of a person under the age of sixteen (16) years shall not knowingly allow, or fail to take reasonable steps to prevent, that person from operating or riding on a bicycle or cycle not powered by motor in a public area unless that person is wearing a bicycle helmet , the neck or chin strap of which is fastened securely while the person is on the bicycle or cycle not powered by motor.

C. No person shall transport another person on or tow another person on a bicycle or a cycle not powered by motor in any public area, unless that person is wearing a helmet .

10.14.040 Bicycle races and events - Bicycle helmet required.

A. Any person or organization managing a bicycle race, an organized event involving bicycling, or a bicycle tour, which will take place in whole or in part in any public area, shall notify participants of the requirement to wear a helmet during the event, race, or tour, and such persons and organizations may reject participants who fail to comply with the provisions of this chapter.

B. The person or organization managing any such event, race, or tour shall include the helmet requirement in any promotional brochures and on registration materials.

10.14.050 Bicycle rental, lease or loan - Bicycle helmet required.

A. Any person engaging in the business of renting, leasing, or loaning (e.g., "test ride") any bicycle or cycle not powered by motor for use in any public area shall offer to the person(s) renting, leasing, or using such bicycle(s) or cycle(s) not powered by motor with the rental, lease, or use of the bicycle(s), or cycle(s) not powered by motor, a helmet , and further shall notify such persons of the requirements under this chapter to wear a helmet . Such persons or organizations engaged in the business of renting, leasing, or loaning bicycles or cycles not powered by motor shall not be required to assess whether or not a helmet provided by the person renting, leasing, or using the bicycle or cycle not powered by motor, meets the standards set pursuant to this chapter.

B. The rental, lease, or loan documents (contract, agreement, brochure, or receipt) of any person engaging in the business of renting, leasing, or loaning any bicycle or cycle not powered by motor in the city of Aberdeen must advise the person renting, leasing, or using the bicycle or cycle not powered by motor of the helmet requirement of this chapter.

C. It is an affirmative defense to a violation of this section for a person wearing an unapproved helmet that the helmet was furnished in conjunction with his or her rental, lease, or use of a bicycle or cycle not powered by motor by a person or organization engaged in the business of renting, leasing, or loaning bicycles, and that the helmet was fastened securely while bicycling.

10.14.060 Helmet sales.

A. No person shall sell or offer for sale a bicycle helmet that does not meet or exceed the safety standards set by the American National Standards Institute (ANSI) Standard Z-90-4, or the Snell Foundation, or such subsequent nationally recognized standard for bicycle helmet performance as the city may adopt.

B. It is a defense that the sale or offer for sale was an isolated sale of use merchandise made by an individual who was not engaged in the business of selling or repairing recreational equipment, such as a seller at a garage or rummage sale.

10.14.070 Penalties - Infraction.

A. Any person violating any of the provisions of this chapter shall have committed an infraction which shall be processed as set forth in chapter 7.80 RCW and the Washington Infraction Rules for Courts of Limited Jurisdiction, with a base monetary penalty not to exceed twenty-five ($25.00) dollars. Infractions for failure to wear a bicycle helmet under AMC 10.14.030 shall be processed in the same manner as parking infractions, including for the purposes of RCW 3.50.100, RCW 3.62.090 and RCW 46.63.110.

B. The court may waive, reduce, or suspend the penalty and clear the notice of violation as a warning for an individual who has not received a notice of violation of this chapter within one year, and provides proof that he or she has acquired an approved bicycle helmet at the time of appearance in court.

C. Each child under sixteen (16) not meeting the requirements of section 10.14.030 shall represent a separate violation.

D. Each rental and each event under sections 10.14.040 or 10.14.050 shall be a separate violation.

Prior to the adoption of 6512 on 12/08/2010, Section 10.14.070 read as follows.

Prior to the adoption of 6305 on 10/17/2001, Section 10.14.070 read as follows.

(Ord. 6512, Amended, 12/08/2010; Ord. 6305, Amended, 10/17/2001)

10.14.080 Enforcement.

A. The law enforcement agency of the city shall be responsible to enforce the provisions of this chapter.

B. For the purpose of this chapter, law enforcement officers may at their discretion:

1. Enter, during business hours, the premises of a business selling, repairing, or renting bicycles or selling sporting or recreation equipment, to determine compliance with this chapter.

2. Post notice outside the premises of a business that offers for sale, rent, or other public use, bicycle helmets that do not meet the safety standards of this chapter, so that the public is informed, and

3. Stop a bicycle race, an organized event involving bicycling, or a bicycle tour that takes place in a public area, when there is conspicuous disregard for the requirements of this chapter, involving multiple infractions.

10.14.090 Implementation programs.

A. Information about the need for bicycle helmets, safe helmet use, safe bicycle operation, and existing bicycle safety programs shall be made available for members of the public at City Hall without charge. The police chief is authorized and directed to develop a program of helmet awareness, together with other public and private agencies as appropriate, designed to promote use of helmets by all ages and to subsidize use of helmets by low-income families. Such programs shall be in effect by March 1st, 2000; provided, that the existence or effectiveness of such programs shall not be a defense to a civil infraction notice issued under this chapter.

B. In order to educate the public concerning the provisions of this chapter, during the period from January 1st, 2000 through January 1st, 2001, a person violating section 10.14.030 will not be subject to a civil infraction monetary penalty, though a written warning of the violation may be issued. After January 1st, 2001, a violator may be issued a regular notice of civil infraction.

(Ord. 6230, Added, 11/03/1999)

Resources:

Auburn, WA

10.56.185 Helmets.

Everyone riding a bicycle or riding as a passenger on a tandem bicycle or other bicycle equipped to carry two or more riders upon any city of Auburn road, alley, sidewalk, recreational trail or park property shall wear a protective helmet designed for bicycle safety that meets or exceeds the safety standards adopted by the United States Consumer Product Safety Commission or set by the American National Standards Institute, or such subsequent nationally recognized standard for bicycle helmet performance as the city may adopt by ordinance. The helmet must be equipped with either a neck strap or chinstrap that shall be fastened securely while the bicycle is in motion. (Ord. 5923 § 1, 2005.)

10.56.190 Riding ability examination.

Repealed by Ord. 5923. (Ord. 2753 § 1, 1973; 1957 code § 5.08.220.)

10.56.200 Enforcement.

All police officers are charged with the duty of enforcing the provisions of this chapter. (Ord. 5923 § 1, 2005; Ord. 2753 § 1, 1973; 1957 code § 5.08.230.)

10.56.210 Violation – Penalty.

Violation of the provisions of this chapter is an infraction, subject to penalties in accordance with ACC 1.25.050, unless otherwise provided herein. (Ord. 5923 § 1, 2005; Ord. 5683 § 29, 2002; Ord. 2753 § 1, 1973; 1957 code § 5.08.240.)

1.25.050 Penalties for infractions.

Unless otherwise specifically provided in connection with particular sections, chapters or titles of the city code, noncriminal violations of the city code shall be infractions and shall carry a maximum penalty of $250.00. Each day, location, violator and incident shall constitute a separate civil infraction. In addition to this amount, a court of competent jurisdiction may order a person found to have committed a civil infraction to pay restitution, including the city’s reasonable enforcement and abatement costs.

It is provided, however, that if the same violator has been found, in any court of competent jurisdiction, to have previously committed an infraction violation for the same or similar conduct three or more separate times, with the infraction violations occurring at the same location and involving the same or similar sections of ACC Titles 5, 6, 8, 10, 12, 13, 15, 16, 17 or 18, or other similar code(s), any further violations shall constitute misdemeanors, punishable as provided in ACC 1.24.010. For the purposes hereof, it shall be prima facie evidence that the same violator has previously been found to have committed any infraction if a certified copy of the judgment, docket or other court document showing that such violation was found committed is filed with the court. (Ord. 6615 § 6, 2016; Ord. 5837 § 2, 2004; Ord. 5677 § 2, 2002.)

1.25.060 Uncorrected violations.

In addition to any other enforcement actions available to the city, if a violation on a parcel of property is not corrected within the specified time frame of the decision of the court then no further permits or approvals shall be issued by the city on the subject parcel until all violations have been corrected, or brought into compliance with the decision of the court. (Ord. 5966 § 4, 2006; Ord. 5837 § 3, 2004; Ord. 5677 § 2, 2002.)

1.25.065 Additional penalty and enforcement provisions.

A. Civil Penalty. In addition to any other enforcement actions available to the city, if the code enforcement official determines that a violation has not been corrected pursuant to ACC 1.25.030 within the time specified in the notice to correct violation, he/she is authorized to impose a civil penalty against the property owner on whose property the violation exists, and/or the person in possession of the property, and/or the person otherwise causing or responsible for the violation. The penalty shall be up to $500.00 for the first day and $100.00 per day for each additional full day the violation continues. Each day on which a violation or failure continues shall constitute a separate violation. If unpaid within 14 calendar days of becoming effective, each penalty shall constitute a lien against the property of equal rank with state, county, and municipal taxes.

B. Notice of Penalty. The penalty shall be imposed by serving a notice of penalty. Service of the notice shall be made upon all persons identified in the notice either personally or by mailing a copy of such order by certified mail, postage prepaid, return receipt requested. If an address for mailed service cannot be ascertained, service shall be accomplished by posting a copy of the notice conspicuously on the affected property or structure. The initial penalty shall be effective and the recurring daily penalty shall commence on the date service is effective.

Service by certified mail shall be effective five calendar days after the date of postmark, unless U.S. postal records show actual receipt prior to that date. If service is by personal service, service shall be deemed effective immediately. If service is made by posting, service shall be effective on the third day following the day the notice is posted. Recurring penalties shall become effective every 24 hours after midnight of the effective date of the initial penalty, if the violation is not corrected.

The notice shall contain all the information required to be placed in a notice to correct violation, under ACC 1.25.030, and in addition the following:

1. The amount of the initial penalty and the amount of the per day penalty for each day the violation(s) continues, and, if applicable, the conditions on which assessment of such civil penalty is contingent.

2. A statement that the recurring penalty accrues each day automatically, without further notice.

3. The procedure for appealing the penalty, as described in this chapter.

4. That if the penalties are unpaid within 10 days of when they become effective, they shall become a lien on the property that shall be of equal rank with state, county and municipal taxes.

C. Withdrawal. The code enforcement officer may withdraw a notice of penalty if compliance is achieved, as determined by the officer, within 14 calendar days of the service date of the notice. The officer shall not withdraw a notice of penalty if it is the second notice issued by the officer to the same person for the same or similar violation committed within six months.

D. Continued Duty to Correct. Payment of a penalty pursuant to this chapter does not relieve a person of the duty to correct the violation as ordered by the enforcement officer. Correction of the violation does not relieve a person of the obligation to pay the penalty assessed, unless dismissed, withdrawn, or modified by the hearing examiner or the code enforcement officer.

E. Appeal of Notice of Penalty.

1. An assessed civil penalty may be appealed to the city hearing examiner within 14 calendar days of the penalty’s effective date, in the same manner as determinations of the building official are appealed under ACC 15.07.130. After the 14-day period, penalties shall be final and binding. The hearing examiner may grant an extension of time for filing an appeal if the person establishes that he/she did not receive the notice of penalty due to good cause. The burden of proving such good cause circumstances is on the person making the claim.

2. The appeal shall be processed and the hearing conducted according to the provisions of ACC 15.07.130 and the provisions of that section are adopted by reference for the purpose of this chapter. The person appealing may appeal either the determination that a violation exists or the amount of the civil penalty imposed, or both. The person appealing may appeal all penalties that are not final and binding. The hearing examiner has the authority to affirm, dismiss, or modify the civil penalty. The city shall have the burden of proving by a preponderance of the evidence the commission of a violation. If the hearing examiner finds that a violation was not committed at the time the notice of penalty was issued, the examiner shall dismiss all penalties before him/her that were imposed for the alleged violation and the city shall dismiss all additional penalties, whether effective or final, that were imposed for the alleged violation.

3. The civil penalties for a continuing violation shall not continue to accrue pending determination of the appeal; however, the hearing examiner may impose a daily monetary penalty, to a maximum of $100.00 per day, from the date of service of the notice of penalty if the hearing examiner finds that the appeal is frivolous or intended solely to delay compliance. An appeal does not lift or stay a notice to correct violation.

4. A person is precluded from appealing a penalty if the hearing examiner finds that it has determined in a prior appeal all the issues of fact and law raised by the person appealing.

5. At his/her discretion, the hearing examiner may consolidate appeals of penalties imposed on the same property for the same violations.

F. Cost Recovery and Lien.

1. Any monetary penalty imposed under this chapter constitutes a personal obligation of the person served the notice of penalty. The city attorney is authorized to collect the monetary penalty by use of appropriate legal remedies, the seeking of which shall neither stay nor terminate the accrual of additional per-day penalties so long as the violation continues.

2. The city may authorize the use of collection agencies to recover monetary penalties, in which case the cost of the collection process shall be assessed in addition to the monetary penalty.

3. Once civil penalties are effective and due, pursuant to this section, the code enforcement officer may file a lien with the county auditor on the property where the violation exists for the amount of the unpaid civil penalties. The lien shall be of equal rank with state, county and municipal taxes. The claim of lien shall contain the following:

a. The authority for imposing a civil penalty;

b. A brief description of the civil penalty imposed, including the violations charged and the duration thereof;

c. A legal description of the property to be charged with the lien;

d. The name of the known or reputed owner; and

e. The amount, including lawful and reasonable costs, for which the lien is claimed. (Ord. 6615 § 7, 2016; Ord. 6328 § 4, 2010.)

1.25.070 Abatement.

Repealed by Ord. 6615. (Ord. 5966 § 5, 2006; Ord. 5677 § 2, 2002.)

1.25.080 Interpretation.

The provisions of this chapter shall be held to be minimum requirements in their interpretation and application and shall be liberally construed to serve the purposes of this chapter. (Ord. 5677 § 2, 2002; Ord. 5246 § 1 (Exh. B), 1999; Ord. 5212 § 1 (Exh. B), 1999; Ord. 4460 § 1, 1991. Formerly 1.25.090.)

1.25.090 Hearing examiner.

Repealed by Ord. 5966. (Ord. 5677 § 2, 2002; Ord. 5246 § 1 (Exh. B), 1999; Ord. 5212 § 1 (Exh. B), 1999; Ord. 4460 § 1, 1991. Formerly 1.25.100.)

1.25.100 Collection enforcement and/or abatement.

In the event of failure to comply with any notice and/or stop work order, the city, at its option, may enforce collection through the civil execution process as provided in this chapter or by any method provided by law and/or ordinance and/or may abate the use of the property which is the subject of the violation through the abatement process as provided by law or ordinance. (Ord. 5677 § 2, 2002; Ord. 5246 § 1 (Exh. B), 1999; Ord. 5212 § 1 (Exh. B), 1999; Ord. 4460 § 1, 1991. Formerly 1.25.120.)

1.25.110 Additional enforcement procedures.

The provisions of this chapter are additional to other enforcement provisions authorized by state law and/or city ordinance and are additional to any other remedy available to the city for damages, redress or relief, whether in equity or law, including but not limited to actions for injunctive relief and/or abatement, to ensure and/or protect the public health, safety and welfare. (Ord. 5677 § 2, 2002; Ord. 5246 § 1 (Exh. B), 1999; Ord. 5212 § 1 (Exh. B), 1999; Ord. 4460 § 1, 1991. Formerly 1.25.130.)

1.25.120 Constitutionality or invalidity.

If any section, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of the sections, subsections, clauses or phrases. It is hereby expressly declared that each section, subsection, sentence, clause and phrase hereof would have been prepared, proposed, adopted and approved and ratified irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. (Ord. 5677 § 2, 2002; Ord. 5246 § 1 (Exh. B), 1999; Ord. 5212 § 1 (Exh. B), 1999; Ord. 4460 § 1, 1991. Formerly 1.25.140.)

Resources:

Bainbridge, WA

ORDINANCE NO. 2001 - 06 AN ORDINANCE OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON ESTABLISHING HELMET REQUIREMENTS FOR BICYCLES AND SIMILAR RECREATIONAL VEHICLES AND CREATING A NEW CHAPTER 10.30 OF THE CITY OF BAINBRIDGE ISLAND MUNICIPAL CODE.

WHEREAS, under RCW 35.75.010, the City may, by ordinance, regulate the riding of bicycles or other similar vehicles upon streets, alleys, highways or other public grounds within the City limits; and

WHEREAS, the City Council, and residents of the City are concerned about the safety and welfare of bicycle riders on public rights-of-ways; and

WHEREAS, bicycling is increasing in popularity as a form of recreation and as an alternative mode of transportation; and

WHEREAS, there has been an increase in the use of skateboards, roller skates, and scooters within our community; Whereas, head injuries are a major cause of death and disability associated with the operation of a bicycle on public roadways and bicycle paths; and

WHEREAS, bicycle helmets have been shown to be an effective deterrent to head injuries suffered by bicycle riders during a crash. A landmark study completed in 1989 by investigators at Group Health Cooperative of Puget Sound and the Harborview Injury Prevention and Research Center shows that helmet use reduces the number of head injuries involving bicycling by 85%; and

WHEREAS, the Bainbridge Island City Council has determined that the establishment of a helmet law to cover sports, which includes bicycles, skateboards, roller skates, roller blades, scooters and horseback riding will help to provide needed protection to those participating in these sports;

WHEREAS, the City of Bainbridge Island Police Department enforces traffic laws for non-motorized vehicles on some or all public right-of-ways, publicly owned facilities and publicly owned property in the City of Bainbridge Island; and

WHEREAS, the City Council finds that, in the best interests of the health, safety and welfare of its citizens to require bicycle and other similar recreational vehicles users and riders to wear protective helmets. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON DO ORDAIN AS FOLLOWS:

Section 1. New Chapter 10.30 entitled BICYCLE SAFETY AND HELMETS is hereby added to the Bainbridge Island Municipal Code to read as follows:

Sections:

10.30 BICYCLE SAFETY AND HELMETS
10.30.010 PURPOSE AND POLICY
10.30.020 DEFINITIONS
10.30.030 HELMET REQUIRED
10.30.040 BICYCLE RACES AND EVENTS — BICYCLE HELMET REQUIRED
10.30.050 HELMET SALES — SAFETY STANDARDS
10.30.060 PENALTIES — CIVIL INFRACTION
10.30.070 ENFORCEMENT/IMPLEMENTATION

10.30.010 PURPOSE AND POLICY

A, This chapter is enacted as an exercise of the police power of the City of Bainbridge Island to protect and preserve the public health, safety and welfare. Its provisions shall be liberally construed for the accomplishment of these purposes.

B. It is the express purpose of this chapter to provide for and to promote the health, safety, and welfare of the general public, and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this chapter.

C. Nothing contained in this chapter is intended to be, or shall be, construed to create a duty to enforce this Chapter or to form the basis for liability on the part of the City of Bainbridge Island or its officers, employees, or agents, for any injury or damage resulting from the failure of any person to comply with this chapter. No provision of this chapter is intended to impose any duty upon the city or any of its officers or employees, which would subject them to damage in a civil action.

10.30.020 DEFINITIONS

As used in this chapter, the following terms shall have the meaning indicated, unless the context clearly requires otherwise:

A. "Bicycle" means every device propelled solely by human power upon which a person or persons may ride, having two tandem wheels either of which is 16 inches or more in diameter, or three wheels, any one of which is more than 20 inches in diameter, and within this chapter shall include any attached trailers, side cars, and/or other device being towed by a bicycle.

B. "Guardian" means a parent, legal guardian, adult with custody, or temporary guardian, who maintains responsibility, whether voluntary or otherwise, for the safety and welfare of a person under the age of 18 years.

C. "Helmet" means a head covering that has been identified by its manufacturer as conforming to, or exceeding the design safety standards adopted by U.S. Consumer Product Safety Commission standard (CPSC), or such subsequently nationally recognized standard for . bicycle helmet performance as the City Council may adopt.

D. "Public Area” means public roadways, bicycle paths, parks, or any right-of-way, publicly owned property within the City of Bainbridge Island.

E. “Recreational vehicle” means non-motorized skateboards, roller skates, roller blades, scooters and hoofed conveyances.

10.30.30 HELMET REQUIRED

A. Any person who operates or rides a bicycle or recreational vehicle or horse in or upon any public area shall wear a helmet. The helmet shall have either the neck- or chin-strap fastened securely while the bicycle or recreational vehicle is in motion.

B. No person shall tow or transport a person on a bicycle or recreational vehicle in or upon any public area, unless the person is wearing a helmet.

C. A parent or guardian shall be responsible for requiring that a child under the age of 18 years wears a helmet, the neck- or chin-strap of which must be fastened securely, while that child is on a bicycle or recreational vehicle in motion, in any public area in the City.

D. A rider is exempted from the requirements of this ordinance if the rider has in his or her possession a letter or memo signed by a medical doctor licensed in the State of Washington indicating that the use of any helmet is harmful to the health or safety of the rider.

10.30.040 BICYCLE RACES AND EVENTS-BICYCLE HELMET REQUIRED

A. Any person or organization managing a bicycle race, an organized event involving bicycling, or a bicycle tour, which will take place in whole or in part in any public area, shall notify participants of the requirement to wear a helmet during the event, race, or tour, and such persons and organizations shall reject participants who fail to comply with the provisions of this chapter.

B. The person or organization managing any such event, race, or tour shall include the helmet requirement in any promotional brochures and on registration materials.

10,30.050 HELMET SALES - SAFETY STANDARDS

No person shall sell or offer for sale a helmet that does not meet or exceed the safety standards set forth in this chapter.

10.30.060 PENALTIES - CIVIL INFRACTION

A. Any person or organization violating any of the provisions of this chapter shall have committed an infraction. The first time this infraction occurs a written warning of the violation may be issued, after the second violation the person shall be liable for monetary penalties as set forth in Chapter 7.80 RCW, not to exceed $10.00 exclusive of statutory assessments.

B. The court may waive, reduce or suspend the penalty and dismiss the notice of violation as a warning for an individual who has not received a notice of violation of this chapter within one year after the first court appearance for a violation, and provides proof that he or she has acquired a helmet.

C. In order to educate the public concerning the provisions of this chapter, during the first year following the effective date of this chapter, a person violating section 10.30.030 will not be subject to a civil infraction monetary penalty, though a written warning of the violation may be issued. Following the first year from the effective date of this chapter, a violator may be issued a regular notice of civil infraction.

10.30.070 ENFORCEMENT/IMPLEMENTATION

A. The Bainbridge Island Police Department, within the City of Bainbridge Island shall be responsible for enforcement of the provisions of this chapter and is authorized to issue infractions to persons who fail to comply with this chapter.

B. In order to provide an effective means of implementing a requirement for all recreational vehicles and their passengers to wear helmets, the Bainbridge Island Police Department is authorized to work with other public and private agencies to develop a program of helmet awareness designed to promote use of helmets by all ages. In order to educate the public concerning the provisions of (this Chapter) during the period of one (1) year from the effective date of this ordinance, a person violating this BIMC 10.30.030 will not be subject to a civil infraction though a written warning of the violation may be issued. After the effective date of this ordinance, a violator may be issued a regular notice of civil infraction. If this is the first time a person has been issued a notice of civil infraction for a violation of BIMC 10.30.030 and he or she appears in person before the court and establishes that he or she has obtained a bicycle helmet in order to comply with said section or has attended a bicycle helmet safety course sponsored by the Bainbridge Island Police Department, the court may dismiss the notice of civil infraction without costs.

C. The Bainbridge Island Public Works Department shall conspicuously post on major arterials two (2) street signs advising bicyclists that the Helmet Ordinance is in effect.

D. No suit or action may be commenced or prosecuted against the law enforcement officer, law enforcement agency, the City or any political subdivision of the State for any act resulting from a person’s failure to comply with this Chapter.

Section 2. SEVERABILITY

If any provision of this ordinance or its application to any person or circumstances is held invalid, the remainder of the ordinance or the application of the provision to other persons or circumstances shall not be affected.

Section 3. EFFECTIVE DATE

This ordinance shall be effective five (5) days after passage, approval and publication, as required by law. PASSED by the Bainbridge Island City Council this 28th day of_Marc#001. APPROVED by the Mayor this 29th dayof March _2001. 3X S\—~ DWIGHT SUTTON, Mayor APPROVED AS TO FORM: ROD KASEGUMA, City Attorney ATTEST/AUTHENTICATE: SUSAN P. KASPER, City Clerk FILED WITH THE CITY CLERK: November 22, 2000 PASSED BY THE CITY COUNCIL: March 28, 2001 PUBLISHED: April 4, 2001 EFFECTIVE DATE: April 9, 2001 ORDINANCE NO.: 2001-06 REVISED: February 15, 2001 — A ers arm amen os needa orn tore

REVISED: February 15, 2001

Bellevue, WA

0573-ORD
10/16/2002

CITY OF BELLEVUE, WASHINGTON

ORDINANCE NO. 5411

AN ORDINANCE regarding the Bellevue Vehicles and Traffic Code; adding new section 11.60.090, Bicycle Helmets, to the Bellevue City Code.

WHEREAS, head injuries are a major cause of death and disability associated with the operation of a bicycle on public roadways and bike paths. Every year approximately 1000 Americans die of bicycle-related injuries with approximately 75% of those deaths due to head injuries. A significant number of individuals who survive head injuries don't return to a normal life and are often left with profound, disabling and long-lasting injuries; and

WHEREAS, bicycle helmets have been shown to be an effective deterrent to head injuries suffered by bicycle riders during a crash and educational and promotional efforts have increased helmet use, regulations requiring the use of bicycle helmets are necessary for safe operation of bicycles on City roadways, bicycle paths, sidewalks or any right-of-way or publicly owned facility under the City's jurisdiction; now therefore,

THE CITY COUNCIL OF THE CITY OF BELLEVUE, WASHINGTON, DOES ORDAIN AS FOLLOWS:

Section 1. A new section Bellevue City Code 11.60.090, Bicycle Helmets, is hereby added to the Bellevue City Code to read as follows:

11.60.090 Bicycle Helmets.

A. Requirements regarding bicycle helmets.

1. Any person operating or riding on a bicycle or cycle not powered by motor on a public roadway, bicycle path, sidewalk or on any right of way or publicly owned facility under the jurisdiction of the City shall wear a protective helmet designed for bicycle safety. Such helmet shall meet or exceed the requirements of standard Z-90.4 set by the American National Standards Institute (ANSI) or the Snell Foundation, or such subsequent nationally recognized standard for bicycle helmet performance as the City may adopt. The helmet must be equipped with either a neck or chin strap that shall be fastened securely while the bicycle is in motion.

2. The parent or guardian of a person under the age of eighteen (18) years shall not knowingly allow, or fail to take reasonable steps to prevent, that person from operating or riding on a bicycle or any other cycle not powered by motor on a public roadway, bicycle path, sidewalk or on any right-of-way or publicly owned facilities under the jurisdiction of the City unless that person is wearing a helmet that meets the requirements of subsection 1 of this section.

3. No person shall transport another person upon a bicycle or any other cycle not powered by motor on a public roadway, bicycle path, sidewalk or on any right-of-way or publicly owned facility under the jurisdiction of the City, unless that other person is wearing a helmet that meets the requirements of subsection 1 of this section.

4. No person shall rent a bicycle or cycle not powered by motor for use by his or her self or another person on a public roadway, bicycle path, sidewalk or on any right-of-way or publicly owned facility under the jurisdiction of the City unless the renter affirms in writing under penalty of perjury that the person who will be riding the bicycle or cycle possesses a helmet that meets the requirements of subsection 1 of this section.

B. Enforcement.

1. A violation of this section is a civil infraction to which the provisions of RCW Chapter 7.80 shall apply, except as set forth hereafter.

2. Any duly commissioned law enforcement officer having law enforcement authority at the place where a violation of this section occurs is authorized to enforce the provisions of this section.

3. Any person found to have committed a violation of this section shall be assessed a monetary penalty of thirty dollars ($30.00) for each such violation, not including applicable court costs.

4. The court may waive, reduce or suspend the monetary penalty prescribed herein, and may impose such conditions on any waiver, reduction or suspension as it deems just. If the court determines that a person has insufficient funds to pay the monetary penalty, the court may order performance of a number of hours of community service in lieu of a monetary penalty, at the rate of the then state minimum wage per hour.

5. The first time a person has been issued a notice of infraction for violation of this section, if such person appears in person before the court and supplies the court with proof that between the date of the notice of infraction and the appearance date in court the person purchased a helmet that meets the requirements of this regulation, the court shall dismiss the notice of infraction without costs.

Section 2. This ordinance shall take effect and be in force thirty (30) days after passage by the City Council.

Passed by the City Council this 7th day of October, 2002, and signed in authentication of its passage this 7th day of October, 2002.

(SEAL)

Connie B. Marshall, Mayor

Approved as to form:

Richard L. Andrews, City Attorney

Susan R. Irwin, Prosecuting Attorney

Attest:

Myrna L. Basich, City Clerk

Published October 11, 2002

Bremerton, WA

ORDINANCE NO. 4717

AN ORDINACE establishing Bicycle Helmet regulations, and creating a new chapter 10.14 of the Bremerton Municipal Code.

THE CITY OF BREMERTON DOES ORDAIN:

Section 1. New Chapter 10.14 entitled BICYCLE SAFETY AND HELMETS is hereby added to read as follows:

10.14.010 PURPOSE AND POLICY

A. This chapter is enacted as a n exercise of the police power of the City of Bremerton to protect and preserve the public health, safety and welfare. Its provisions shall be liberally construed for the accomplishment of these purposes.

C. It is the specific intent of this chapter to place the obligation of complying with its requirements upon any person included within its scope, and no provision of, or term used in, this chapter is intended to impose any duty whatsoever upon the City of Bremerton or any of its officers or employees, for whom the implementation or enforcement of this chapter shall be discretionary and not mandatory.

D. Nothing contained in this chapter is intended to be, or shall be, construed to create or to form the basis for liability on the part of the City of Bremerton or its officers, employees, or agents, for any inquiry or damage resulting from the failure of any person to comply with this chapter.

10.14.020 DEFINITIONS

As used in this chapter, the following terms shall have the meaning indicated, unless the context clearly requires otherwise:

C. "Helmet" means a head covering designed for safety that meets or exceeds safety standards adopted by U.S. Consumer Product Safety Commission standard (CPSC), or such subsequently nationally recognized standard for bicycle helmet performance as the City Council may adopt.

D. "Public Area" means public roadways, bicycle paths, parks, or any right-of-way, publicly owned property within the City of Bremerton.

10.14.030 BICYCLE HELMET REQUIRED.

A. Any person operating a bicycle in motion, riding a bicycle, or in tow of a bicycle, in or upon any public area shall wear a helmet, and shall have either the neck or chin strap of the helmet fastened securely while the bicycle is in motion.

B. No person shall transport another person on or tow another person on a Bicycle in or upon any public area, unless that person is wearing a helmet.

C. A parent or guardian is responsible for requiring that a child under the age of 16 years wear a helmet, the neck or chin strap of which is fastened securely, while upon a bicycle in motion, or bicycling or riding as a passenger on a bicycle in any public area.

10.14.040 BICYCLE RACES AND EVENTS-BICYCLE HELMET

REQUIRED

B. The person or organization managing any such event, race, or tour shall include the helmet requirement in any promotional brochures and on registration materials.

10.14.050 HELMET SALES - SAFETY STANDARDS

A. No person shall sell or offer for sale a helmet that does not meet or exceed the safety standards set forth in this chapter.

10.14.060 PENALTIES - CIVIL INFRACTION

A. Any person or organization violating any of the provisions of this chapter shall have committed an infraction and shall be liable for monetary penalties as set forth in Chapter 7.80 RCW, not to exceed 25.00 exclusive of statutory assessments.

B. The court may waive, reduce or suspend the penalty and dismiss the notice of violation as a warning for an individual who has not received a notice ofviolation of this chapter within one year after the first court appearance for a violation, and provides proof that he or she has acquired a helmet.

C. In order to educate the public concerning the provisions of this chapter, during the first year following the effective date of this chapter, a person violating section 10.14.030 will not be subject to a civil infraction monetary penalty, though a written warning of the violation may be issued. Following the first year from the effective date of this chapter, a violator may be issued a regular notice of civil infraction.

10.14.070 ENFORCEMENT

A. The Bremerton Police Department within the City ofBremerton shall be responsible for enforcement of the provisions of this chapter.

10.14.080 SERVABILITY

If any provision of this chapter or its application to any person or circumstances is held invalid, the remainder of the chapter or the application of the provision to other persons or circumstances shall not be affected.

Section 2. EFFECTIVE DATE.

This ordinance shall take effect ten (10) days after passage and publication.

APPROVED by the Bremerton City Council this_9th_ day if _August_, 2000.

PASSED by the Bremerton City Council this _16th_ day of _August_, 2000.

CAROL ARENDS, Council President

APPROVED this _22_, day of _August__, 2000.

LYNN S. HORTON, Mayor

ATTEST:

KATHLEEN L. McCluskey, City Clerk

EFFECTIVE DATE __9-1-00__

PUBLICATION DATE __8-22-00__

ORDINANCE NUMBER__4717__

City of Kent, WA

Chapter 9.41 BICYCLE HELMETS

Sections:

9.41.010 Purpose and policy declared.

9.41.020 Definitions.

9.41.030 Bicycle helmet required.

9.41.040 Bicycle races and events – Bicycle helmet required.

9.41.050 Bicycle on lease or loan – Bicycle helmet to be provided.

9.41.060 Helmet sales – Safety standards.

9.41.070 Enforcement.

9.41.010 Purpose and policy declared.

A. It is the express purpose of this chapter to provide for and to promote the health, safety, and welfare of the general public and not to create, establish, or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this chapter.

B. It is the specific intent of this chapter to place the obligation of complying with its terms upon any person falling within its scope. No provision of this chapter is intended to impose any duty upon the city of Kent or any of its officers, employees, or agents for any damage or injury resulting from the failure of a person to comply with this chapter. Implementation and enforcement of this chapter by the city of Kent and its officers or employees shall be discretionary and not mandatory. This chapter is not intended to form the basis for liability of the city of Kent, or any of its officers, employees, or agents, in the event that a person is injured or property is damaged as a result of the failure of any person to comply with its terms.

(Ord. No. 3465, § 1, 7-6-99)

9.41.020 Definitions.

For the purposes of this chapter, the following terms shall have the following meanings:

A. Bicycle means every device propelled solely by human power upon which a person or persons may ride, having two (2) tandem wheels, either of which is eight (8) inches or more in diameter, or three (3) wheels, any one of which is more than twenty (20) inches in diameter. The term “bicycle” shall include any child-seat, trailer, side-car, or other device attached to a bicycle. A device meeting the definition of a bicycle shall be considered a bicycle notwithstanding the fact that training wheels are affixed to the device.

B. Guardian means a person legally responsible for the care and management of a person under the age of sixteen (16). “Guardian” shall include the parent, a person with legal custody, a person with temporary custody, or a person who is temporarily caring for the child.

C. Child means a person under the age of sixteen (16).

D. Approved bicycle helmet means a head covering designed to protect the head that meets or exceeds safety standards adopted by the United States Consumer Product Safety Commission (CPSC), the American National Standards Institute (ANSI), or the Snell Foundation.

E. Public area means the public roadways, sidewalks, bicycle paths, parks, public property, public rights-of-way, and publicly owned facilities within the city limits of the city of Kent.

(Ord. No. 3465, § 1, 7-6-99)

9.41.030 Bicycle helmet required.

A. Any person riding a bicycle, including a passenger on a bicycle or a person in tow of a bicycle, upon any public area, shall wear an approved bicycle helmet and shall have either the neck or chin strap of the helmet fastened securely while the bicycle is in motion.

B. No person shall transport another person on a bicycle or in tow of a bicycle upon any public area, unless the passenger is wearing an approved bicycle helmet. Each person transported in violation of this subsection shall be considered a separate offense chargeable to the person in control of the bicycle.

C. The guardian of a child is responsible for requiring that the child under his or her care wears an approved bicycle helmet while bicycling, or riding as a passenger on a bicycle or in tow of a bicycle, in any public area, and that the child has the neck or chin strap of the helmet fastened securely. Each child not wearing an approved bicycle helmet in violation of this section shall be considered a separate offense chargeable to the parent or guardian.

D. It is a defense to this section for a person wearing an unapproved bicycle helmet that the helmet was furnished in conjunction with his or her lease of the bicycle by a person engaged in the business of leasing bicycles and that the helmet was fastened securely while bicycling.

(Ord. No. 3465, § 1, 7-6-99)

9.41.040 Bicycle races and events – Bicycle helmet required.

The person managing, organizing, or promoting a bicycle race, tour, or event shall include notice of the bicycle helmet requirement on all promotional brochures and on all registration materials.

(Ord. No. 3465, § 1, 7-6-99)

9.41.050 Bicycle on lease or loan – Bicycle helmet to be provided.

A. Any person regularly engaged in the business of renting or loaning (e.g., “a test drive”) a bicycle for use in any public area shall have an approved bicycle helmet available, shall offer such helmet to the person renting or borrowing the bicycle, and shall retain proof that such person was offered the use of an approved bicycle helmet.

B. Each rental or lease in violation of this section shall constitute a separate offense.

(Ord. No. 3465, § 1, 7-6-99)

9.41.060 Helmet sales – Safety standards.

No person who is regularly engaged in the selling of bicycle helmets shall sell or offer for sale a bicycle helmet that does not meet or exceed the safety standards approved in KCC 9.41.020(D). Each sale in violation of this section shall constitute a separate offense.

(Ord. No. 3465, § 1, 7-6-99)

9.41.070 Enforcement.

A. Any person who violates any provision of this chapter shall have committed a traffic infraction punishable by a monetary penalty in the amount of twenty-five dollars ($25).

B. In the event that a person is charged with a violation of KCC 9.41.030, the court may, upon proof that the person has not been cited with a previous violation of this chapter or a similar ordinance, and upon proof that the person has obtained an approved bicycle helmet and upon presentation of a receipt therefor, may dismiss the charge.

(Ord. No. 3465, § 1, 7-6-99)

Resources:

Des Moines, WA

10.12.010 Bicycles – Equipment requirement.

(1) A person operating or riding on a bicycle on a right-of-way shall wear a protective helmet designed for bicycle safety. The helmet shall meet or exceed the requirements of standard Z-90.4 set by the American National Standards Institute (ANSI) or the Snell Foundation, or a subsequent nationally recognized standard for bicycle helmet performance as the city may adopt. The helmet shall be equipped with either a neck or chin strap that shall be fastened securely while the bicycle is in motion.

(2) No person shall sell or offer for sale a bicycle helmet that does not meet the requirements of DMMC 10.12.010(1).

(3) No person shall rent a bicycle for use by another person unless the person renting the bicycle possesses a helmet that meets the requirements of DMMC 10.12.010(1).

(4) A violation of or failure to comply with DMMC 10.12.010(1) is a class 5 civil infraction.

(5) A violation of or failure to comply with DMMC 10.12.010(2) or (3) is a class 1 civil infraction. [Ord. 1053 §

12(13), 1993. Formerly 10.04.180: Ord. 1032 § 2, 1993: Ord. 451 § 3(9), 1978.]

Resources

Des Moines, WA Penalties

ORDINANCE NO. 1598 AN ORDINANCE OF THE CITY relating to General Provisions, 1 . 28.040 , and 1 . 28. 050. OF DES MOINES, amending DMMC WASHINGTON 1.24 . 190 , WHEREAS, during the process of amending Titles 12 , 13 , 14 , 16 , 17 , and 1 8 , additional chapters of the DMMC were found to need updating to correspond to the recent amendments, and WHEREAS, the monetary penalties adopted in DMMC 1 . 24 . 190 need to be amended to create a uniform classification for civil infractions, and WHEREAS, the City Council finds that it is in the best interest of the public health, safety, and general welfare to establish comprehensive, uniform, and current provisions for Title 1 DMMC; now therefore, THE CITY COUNCIL OF THE CITY OF DES MOINES ORDAINS AS FOLLOWS : Sec. 1. DMMC 1 . 24. 1 90 and section 19 of Ordinance No . 1009 as amended by section 1 of Ordinance No. 1325 as amended by section 1 of Ordinance No. 1402 as amended by section 1 of Ordinance No . 1505 are each amended to read as follows : Monetary penalties - Amounts. Unless specifically stated elsewhere in the DMMC , the violation or failure to comply with any provision of the DMMC is a Cl ass 1 civil infraction . A person found to have committed a civil infraction is assessed a monetary penalty : (1) The maximum penalty and the amount for a Class 1 civil infraction is not including statutory assessments; (2) The maximum penalty and the amount for a Class 2 civil infraction is not including statutory assessments; default $250.00 , default $125.00 , (3) The maximum penalty and amount for a Class 3 civil infraction not including statutory assessments; the default is $50.00 , Ordinance No. 1598 Page 2 of 10 (4) The maximum penalty and the amount for a Class 4 civil infraction is not including statutory assessments; default $25.00 , (5) The maximum penalty and the default amount for a Class 5 civil infraction is $25.00 , not including statutory assessments; and (6) The maximum penalty and amount for a Class 6 civil infraction not including statutory assessments . the default is $25.00,

DuPont, WA

16.06.010 Purpose and policy declared.

(a) This chapter is enacted as an exercise of the police power of the City of DuPont to protect and preserve the public health, safety and welfare.

(b) It is the express purpose of this chapter to provide for and to promote the health, safety and welfare of the general public, and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this chapter. (Ord. 02-710 § 1).

16.06.020 Definitions.

As used in this chapter, the following terms shall have the meanings indicated, unless the context clearly requires otherwise:

(a) “Bicycle” means every device propelled solely by human power upon which a person or persons may ride, having two tandem wheels either of which is 16 inches or more in diameter, or three wheels, any of which is more than 20 inches in diameter, and within this chapter shall include any attached trailers, side cars and/or other device being towed by a bicycle.

(b) “Guardian” means a parent, legal guardian, adult with custody, or temporary guardian, who maintains responsibility, whether voluntary or otherwise, for the safety and welfare of a person under the age of 16 years.

(c) “Helmet” means a head covering designed for safety that meets safety standards adopted by Standard Z- 90 set by the American National Standards Institute (ANSI), or the Snell Foundation, or such subsequently nationally-recognized standard for bicycle helmet performance as the City Council may adopt.

(d) “Public area” means public roadways, sidewalks, bicycle paths, parks or any right-of-way, publicly owned facility, or publicly owned property within the corporate limits of the City of DuPont. (Ord. 02-710 § 1). 16.06.030 Bicycle helmet required.

(a) Any person riding a bicycle, in or upon any public area within the corporate limits of the City of DuPont shall wear a helmet, and shall have either the neck or chin strap of the helmet fastened securely while the bicycle is in motion.

(b) A parent or guardian is responsible for requiring that a child under the age of 16 years complies with the provisions of subsection (a) of this section while upon a bicycle in motion, or while bicycling or riding as a passenger in an approved seat apparatus in any authorized area.

(c) Failure of a parent or guardian to require a child under the age of 16 to comply with subsection (a) of this section shall be a Class 4 civil infraction. (Ord. 02-710 § 1).

16.06.040 Bicycle races and events--Bicycle helmet required.

(a) Any person or organization managing a bicycle race, an organized event involving bicycling, or a bicycling tour, which will take place in whole or in part in any public area, shall notify participants of the requirement to wear a helmet during the event, race, or tour, and such persons and organizations may reject participants who fail to comply with provisions of this chapter.

(b) The person or organization managing a bicycle race, an organized event involving bicycling, or a bicycling tour, shall include the helmet requirement in any promotional brochure and on registration materials.

(c) Failure of a person or organization managing any such event, race or tour to notify and require participants to wear a helmet during the event, race or tour shall be a Class 4 civil infraction to said person or organization. (Ord. 02-710 § 1).

16.06.050 Bicycle rental, lease or loan--Bicycle helmet required.

(a) Any person engaging in the business of renting, leasing, or loaning any bicycle for use in any area shall offer to the person(s) renting, leasing or using such bicycle(s), a helmet and further shall notify such persons of the requirement under this chapter to wear a helmet. Such persons or organizations engaged in the business of renting, leasing or loaning bicycles shall not be required to assess whether or not a helmet provided by the person renting, leasing, or using the bicycle meets the standards set pursuant to this chapter.

(b) The rental, lease or loan documents (contract, agreement, brochure, or receipt) of any person engaging in the business or renting or loaning any bicycle in the City of DuPont must advise the person renting, leasing, or using the bicycle of the helmet requirement of this chapter.

(c) It is an affirmative defense to violation of this section for a person wearing an unapproved helmet that the helmet was furnished in conjunction with his or her rental, lease, or use of a bicycle by a person or organization engaged in the business of renting, leasing, or loaning bicycles, and that the helmet was fastened while bicycling. (Ord. 02-710 § 1).

16.06.060 Helmet sales--Safety standards.

(a) No person shall sell or offer for sale a helmet that does not meet or exceed the safety standards set forth in this chapter.

(b) It is a defense that the sale or offer for sale was an isolated sale of used merchandise made by an individual who was not engaged in the business of selling or repairing recreational equipment such as a seller at a garage or rummage sale. (Ord. 02-710 § 1).

16.06.070 Enforcement and penalties.

(a) Any person or organization violating any of the provisions of this chapter shall have committed a Class 4 civil infraction.

(b) Any duly commissioned law enforcement officer having law enforcement authority at the place where a violation of this chapter occurs is authorized to enforce the provisions of this chapter.

(d) Each rental, lease or use and event, tour or race participant in violation of the requirements of this chapter shall constitute a separate violation.

(e) The first time a person has been issued a notice of infraction for violation of this chapter, if such person appears in person before the court and supplies the court with proof that between the date of the notice of infraction and the appearance date in court, the person purchased a helmet that meets the requirements of this chapter, the court shall dismiss the notice of infraction, without costs. (Ord. 02-710 § 1).

Duvall, WA

Chapter 6.20 - BICYCLE HELMETS

Sections:

6.20.010 - Purpose.

The City Council is concerned about the safety of bicycle riders on public rights-of-way. Pursuant to RCW 35.75.010 the City may by ordinance regulate the riding of bicycles upon streets, alleys, highways, or other public grounds within the City limits. In order to protect the health, welfare, and safety of the residents of the City, it is necessary and appropriate to require bicycle riders to wear protective helmets and to establish programs for public education and low-income subsidies to promote the use of bicycle helmets.

6.20.020 - Definitions.

"Bicycle" means every device propelled solely by human power upon which a person or persons ride, which device has two tandem wheels, either of which is sixteen inches or more in diameter, or three wheels, any one of which is more than twenty inches in diameter.

"Guardian" means a parent, legal guardian, or temporary guardian, who maintains responsibility, whether voluntary or otherwise, for the safety and welfare of a person under the age of sixteen years.

6.20.030 - Regulations.

It is unlawful:

For a person to operate or ride upon a bicycle on a public roadway, bicycle path, or any right-of-way under the jurisdiction and control of the City within the City of Duvall unless wearing a protective helmet of a type certified to meet the requirements of standard Z- 90.4 of the American National Standards Institute or such subsequent nationally recognized standard for bicycle helmet performance as the state patrol may adopt by rule. The helmet must be equipped with either a neck or chin strap that shall be fastened securely while the cycle is in motion.

For a person to transport a person upon, in a restraining seat that is attached to, or in a trailer towed by, a bicycle on a public roadway, bicycle path, or any right-of-way under the jurisdiction and control of the City within the City of Duvall unless the person transported is wearing a helmet that meets the requirements in subsection A.

For the guardian of a person under the age of sixteen years to knowingly allow that person to operate or ride upon a bicycle on a public roadway, bicycle path, or any right-of-way under the jurisdiction and control of the City within the City of Duvall unless that person is wearing a helmet that meets the requirements of subsection A.

For a person to sell or offer for sale a bicycle helmet that does not meet the requirement established in subsection A.

For a person to rent a bicycle for use by a person unless the person possesses a helmet that meets the requirement of subsection A.

6.20.040 - Enforcement.

It is a civil infraction for any person to do any act forbidden, or fail to perform any act required in DMC § 6.20.030. Civil infractions under this section shall be processed as set forth in Chapter 2.24.

Any duly commissioned police officer of the Duvall Police Department or any Duvall Code Enforcement Officer is authorized to enforce this chapter.

In order to educate the public concerning the provisions of DMC § 6.20.030 during the period from the effective date of this chapter until June 1, 1994, a person violating DMC § 6.20.030 will not be subject to a civil infraction but may be given a written warning of any violation. After May 31, 1994, a violator may be issued a regular notice of violation. If this is the first time a person has been issued a notice of violation of DMC § 6.20.030, and he or she presents to the person issuing the notice of violation within the time allowed for correction evidence that he or she has obtained a bicycle helmet in order to comply with DMC § 6.20.030, no civil infraction shall be issued and the case shall be closed. It shall not be necessary for the code enforcement or police officer to issue a notice of violation prior to issuing a notice of civil infraction for persons who have previously been served with a notice of violation under Chapter 6.20.

(Ord. #708, 1994, amended by Ord. #841, 1997)

6.20.050 - Implementation programs.

In order to provide an effective means of implementing a requirement for all bicyclists and their passengers to wear helmets, the Police Services Director is authorized to work with other public and private agencies to develop a program of helmet awareness designed to promote use of helmets by all ages and a program to subsidize use of helmets by low-income families. Such programs shall be put in effect by May 1, 1994, provided that the existence or effectiveness of such programs shall not be a defense to a civil infraction notice under this chapter.

(Chapter 6.20 adopted in Ord. #708, 1994)

Resources

Eatonville, WA

Chapter: 8.00

BICYCLE, SKATEBOARD, ROLLERSKATE, ROLLERBLADE AND SCOOTER HELMET SAFETY & OPERATING REQUIREMENTS

Sections:

8.10.010 Purpose and policy.

8.10.020 Definitions.

8.10.030 Helmet required.

8.10.040 Bicycle, skateboard, rollerblades, scooter races and events – Helmet required.

8.10.050 Bicycle, skateboard, rollerblades, scooter leasing or loan – Helmet required.

8.10.060 Helmet sales – Safety standards.

8.10.070 Penalties – Civil nontraffic violations.

8.10.080 Enforcement.

8.10.090 Information and education

8.10.010 Purpose and policy.

A. This chapter is enacted as an exercise of the authority of the Town of Eatonville to protect and preserve the public health and welfare of its citizens. Its provisions shall be liberally interpreted for the accomplishment of these purposes.

C. It is the specific intent of this chapter to place the obligation of complying with its requirements upon any person falling within this scope, and no provision of, nor term used in, this chapter is intended to impose any duty whatsoever upon the Town of Eatonville or any of its officers or employees, for whom the implementation or enforcement of this chapter shall be discretionary and not mandatory.

D. Nothing contained in this chapter is intended to be, nor shall be, construed to create or to form the basis for a liability on the part of the Town of Eatonville, or its officers, employees or agents, for any injury or damage resulting from the failure of any person subject to this chapter to comply with this chapter, or by reason or in consequence of any act or omission in connection with the implementation or enforcement of this chapter on the part of the Town of Eatonville by its officers, employees or agents.

8.10.020 Definitions.

As used in this chapter, the following terms shall have the meanings indicated unless every context clearly requires otherwise:

A. “Bicycle” means every device propelled solely by human power upon which a person or persons may ride having two tandem wheels, or three wheels devices propelled solely by human power upon which a person or persons may ride as identified in RCW 46.04.071. Within this chapter, the term “bicycle” shall include any attached trailers, side cars, and/or other device being towed by a bicycle.

B. “Guardian” means a parent, legal guardian, an adult with custody, or temporary guardian who maintains responsibility, whether voluntary or otherwise for the safety and welfare of a person under the age of 18 years.

C. “Helmet” means a head covering that meets or exceeds safety standards adopted by Standard Z-90.4 set by the American National Standards Institute (ANSI), or the Snell Foundation, or such subsequent nationally recognized standard for bicycle, skateboard, rollerblades, and scooter helmet performance as the Town council may adopt.

D. “Public area” means public roadways, bicycle paths, parks, or any right-of-way or publicly owned facility under the jurisdiction of the Town of Eatonville.

8.10.030 Helmet required.

A. Any person bicycling, skateboarding, roller blading or skating, riding a scooter or riding as a bicycle passenger on or in tow of a bicycle, skateboard, rollerblade or roller skate or scooter upon any public area in the Town of Eatonville shall wear an approved helmet designed for safety that meets or exceeds the standards Z-90.4 set by the American National Standards Institute or the Snell Foundation, or a subsequent nationally recognized standard for bycycle helmet performce, and shall have either the neck or chin strap of the helmet fastened securely while the bicycle, skateboard, rollerblade, roller skate, or scooter is in motion.

B. No person shall transport another person on or in tow of a bicycle, skateboard, rollerblade, roller skate, or scooter upon any public area in the jurisdiction of the Town of Eatonville unless the passenger is wearing a helmet that meets the requirements of this chapter.

C. A parent or guardian is responsible for requiring that a child under the age of 18 years wears an approved helmet while bicycling, skateboarding, roller skating, riding a scooter or riding as a passenger on a bicycle, skateboard, rollerblading, roller skate, or scooter in any public area in the Town of Eatonville, and has the neck or chin strap of the helmet fastened securely.

8.10.040 Bicycle, skateboard, roller skate, scooter races and events– Helmet required.

A. Any person managing a bicycle, skateboard, roller skate, rollerblades, or scooter race, an organized event involving bicycling, skateboarding, roller skating, riding a scooter, or a bicycle tour in the public areas of the Town of Eatonville shall require that all participants on or in tow of bicycles, skateboards, roller skates, rollerblades or scooters wear approved helmets.

B. The person managing any such event shall include the helmet requirement in any promotional brochures and on registration materials.

8.10.050 Bicycle, skateboard, roller skate, rollerblades, scooter leasing or loan– Helmet required.

A. Any person engaging in the business of renting or loaning (e.g., “a test drive”) any bicycle, skateboard, roller skates, rollerblades or scooter for use in any public place in the Town of Eatonville shall supply the persons leasing or using bicycles, skateboards, roller skates, rollerblades or scooter with approved helmets as defined herein, along with the bicycles, skateboards, roller skates, rollerblades or scooter, unless the bicycle, skateboard, roller skate, rollerblades or scooter riders and passengers possess approved helmets of their own, and offer proof thereof, for use with the bicycle, skateboard, roller skates, rollerblades or scooter.

B. The rental papers (contract, agreement, or receipt) must advise the person renting the bicycle, skateboard, roller skates, rollerblades or scooter of the helmet requirements of this chapter.

C. It is not a defense to this section for a person wearing an unapproved helmet that the helmet was furnished in conjunction with his or her lease of a bicycle, skateboard, rollerskate, rollerblades or scooter by a person engaged in the business of renting bicycles, skateboards, rollerblades, roller skates, or scooters, and that the helmet was fastened securely while bicycling, skateboarding, roller skating, rollerblading or riding a scooter.

8.10.060 Helmet sales– Safety standards.

A. No person shall sell or offer for sale a helmet that does not meet or exceed the safety standards set by the American National Standards Institute (ANSI) Standard Z-90.4, or the Snell Foundation, or such subsequent nationally recognized standard for helmet performance as the Town of Eatonville may adopt.

8.10.070 USE OF BICYCLES – SKATEBOARDS – ROLLERBLADES- ROLLER

SKATES – SCOOTERS ON PUBLIC RIGHT OF WAYS PARKS AND SIDEWALKS

A. Any person operating bicycles, skateboards, rollerblades, roller skates or scooters on a sidewalk or walking path shall use due care and caution and be in complete control of said conveyance and must yield to pedestrians.

B. Any person operating bicycles, skateboards, rollerblades, roller skates or scooters entering a crosswalk must walk their bicycle, skateboard, or scooter through the entire crosswalk area.

C. No person shall operate any bicycle, skateboard, rollerblades, roller skates, or scooters in a mechanically unsafe manner.

8.10.080 Penalties– Civil non traffic violations.

A. Any person, including a parent or guardian, violating any of the provisions of this chapter shall have committed a civil nontraffic violation and shall be liable for a monetary penalty not to exceed $76.00.

C. Each child under 18 not meeting the requirements of EMC 8.10.030 shall represent a separate violation.

D. Each rental and each event under EMC 8.10.040 shall be a separate violation.

8.10.080 Enforcement.

A. The Town of Eatonville police department shall be responsible for enforcing the provisions of this chapter.

B. For the purpose of this chapter, law enforcement officers may at their discretion:

1. Enter, during business hours, the premises of a business selling, repairing, or renting bicycles, skateboards, roller skates, rollerblades scooters or selling sporting or recreation equipment to determine compliance with this chapter;

2. Post notice outside the premises of a business that offers for sale, rent, or other public use bicycle, skateboard, roller skate, rollerblades or scooter helmets that do not meet the safety standards of this chapter, so that the public is informed; and

3. Stop a bicycle, skateboard, roller skate, rollerblades and scooter race, an organized event involving bicycling, skateboarding, roller skating, riding a scooter, or a bicycle tour that takes place in a public area when there is conspicuous disregard for the requirements of this chapter, involving multiple infractions.

8.10.090 Information and education.

A. Information and the need for bicycle, skateboard, roller skate, rollerblades and scooter helmets, safe helmet use, safe bicycle, skateboard, roller skate, rollerblade and scooter operation, and existing bicycle, skateboard, roller skate, rollerblade and scooter safety programs are available at the Town of Eatonville police and fire department.

B. The Town of Eatonville encourages any person engaging in the business of selling bicycles, skateboards, roller skates, rollerblades and scooters to include information on bicycle, skateboard, roller skate, rollerblades and scooter safety and the helmet requirements of this chapter with each bicycle, skateboard, roller skate, rollerblades and scooter sold.

C. The Town of Eatonville encourages any person engaging in the business of selling bicycle, skateboard, roller skate, rollerblades and scooter helmets to include information on safe helmet usage with each helmet sold.

Resources:

Enumclaw, WA

10.46.010 Required.

Any person operating or riding on a bicycle or cycle not powered by a motor on a public highway, bicycle path, or on any right-of-way or publicly owned facilities under the jurisdiction of the city of Enumclaw shall wear a protective helmetdesigned for bicycle safety. Such helmet shall meet or exceed the requirements of Standard Z-90 as set by the American National Standards Institute (ANSI) or the Snell Foundation, or such subsequently nationally recognized standard for bicycle helmet performance as King County may adopt. The helmet must be equipped with either a neck or chin strap that shall fasten securely while the bicycle or cycle is in motion. (Ord. 1801 § 1, 1993).

10.46.020 Minors – Guardian’s responsibility.

The guardian of a person under the age of 18 years shall not knowingly allow, or fail to take reasonable steps, to prevent that person from operating or riding on a bicycle or other cycle not powered by a motor on a public highway, bicycle path or any right-of-way or publicly owned facilities under the jurisdiction of the city of Enumclaw, unless that person is wearing a helmet that meets the requirements as set forth in EMC 10.46.010. (Ord. 1801 § 2, 1993).

10.46.030 Passengers.

No person shall transport another person on a bicycle or any other cycle not powered by a motor on a public roadway, bicycle path, or any right-of-way or publicly owned facilities under the jurisdiction of the city of Enumclaw, unless the other person is wearing a helmet that meets the requirements of EMC 10.46.010. (Ord. 1801 § 3, 1993).

10.46.040 Sales of helmets.

No person shall sell or offer for sale a bicycle helmet that does not meet the requirements of EMC 10.46.010. (Ord. 1801 § 4, 1993).

10.46.050 Rented bicycles.

No person shall rent a bicycle or cycle not powered by a motor for use by another person unless the other person possesses a helmet that meets the requirements of EMC 10.46.010. (Ord. 1801 § 5, 1993).

10.46.060 Violation – Infraction.

A violation of this regulation is designated a civil infraction which provisions of Chapter 7.80 RCW shall apply, except as set forth hereafter. (Ord. 1801 § 6, 1993).

10.46.070 Enforcement.

Any duly commissioned law enforcement officer having law enforcement authority at the place where a violation of this regulation occurs is authorized to enforce the provisions of this regulation. (Ord. 1801 § 7, 1993).

10.46.080 Violation – Penalty.

Any person found to have committed a violation of this regulation shall be assessed a monetary penalty of $30.00 for each violation, not including applicable court costs. (Ord. 1801 § 8, 1993).

10.46.090 Penalty – Payment.

Whenever a monetary penalty is imposed by a court under this regulation, it is immediately payable. If the person is unable to pay at the time the penalty is imposed, the court may grant extension for a period in which the penalty may be paid. (Ord. 1801 § 9, 1993).

10.46.100 Penalty – Waiver, reduction or suspension.

The court may waive, reduce or suspend the monetary penalty described herein, and may impose such conditions on any waiver, reduction or suspension as it deems just. If the court determines the person has insufficient funds to pay the monetary penalty, the court may order performance of a number of hours community service in lieu of the monetary penalty, at a rate of the then-current statement of wage per hour (Ord. 1801 § 10, 1993).

10.46.110 Infraction – Dismissal following helmet purchase.

The first time a person has been issued a notice of infraction for violation of this regulation, if such person appears in person before the court and supplies the court with proof that between the date of notice of infraction and the appearance date in court the person has purchased a helmet that meets the requirements of this regulation, the court shall dismiss the notice of infraction without costs. (Ord. 1801 § 11, 1993).

Resources:

Fircrest, WA

16.49.010 Purpose and policy declared.

(a) This chapter is enacted as an exercise of the police power of the city of Fircrest to protect and preserve the public health, safety, and welfare. Its provisions shall be liberally construed for the accomplishment of these purposes.

(b) It is the express purpose of this chapter to provide for and to promote the health, safety, and welfare of the general public, and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefitted by the terms of this chapter.

(c) It is the specific intent of this chapter to place the obligation of complying with its requirements upon any person included within its scope, and no provision of, or term used in, this chapter is intended to impose any duty whatsoever upon the city of Fircrest or any of its officers or employees for whom the implementation or enforcement of this chapter shall be discretionary and not mandatory.

(d) Nothing contained in this chapter is intended to be, or shall be, construed to create or to form the basis for liability on the part of the city of Fircrest or its officers, employees, or agents, for any injury or damage resulting from the failure of any person to comply with this chapter. (Ord. 1117 § 1, 1996).

16.49.020 Definitions.

As used in this chapter, the following terms shall have the meaning indicated, unless the context clearly requires otherwise:

(a) “Bicycle” means every device propelled solely by human power upon which a person or persons may ride having two tandem wheels either of which is 16 inches or more in diameter, or three wheels, any one of which is more than 20 inches in diameter, and within this chapter shall include any attached trailers, side cars, and/or other device being towed by a bicycle.

(b) “Guardian” means a parent, legal guardian, adult with custody, or temporary guardian who maintains responsibility, whether voluntary or otherwise, for the safety and welfare of a person under the age of 18 years.

(c) “Helmet” means a head covering designed for safety that meets or exceeds safety standards adopted by Standard Z-90.4 set by the American National Standards Institute (ANSI), or the Snell Foundation, or such subsequently nationally recognized standard for bicycle helmet performance as the city council may adopt.

(d) “Public area” means public roadways, bicycle paths, parks, or any right-of-way, publicly owned facility, or publicly owned property within the city of Fircrest. (Ord. 1117 § 2, 1996).

16.49.030 Bicycle helmet required.

(a) Any person operating a bicycle in motion, riding a bicycle, or in tow of a bicycle, in or upon any public area shall wear a helmet, and shall have either the neck or chin strap of the helmet fastened securely while the bicycle is in motion.

(b) No person shall transport another person on or tow another person on a bicycle in or upon any public area, unless that person is wearing a helmet.

(c) A parent or guardian is responsible for requiring that a child under the age of 16 years wear a helmet, the neck or chin strap of which is fastened securely, while upon a bicycle in motion, or bicycling or riding as a passenger on a bicycle in any public area. (Ord. 1117 § 3, 1996).

16.49.040 Bicycle races and events – Bicycle helmet required.

(a) Any person or organization managing a bicycle race, an organized event involving bicycling, or a bicycle tour, which will take place in whole or in part in any public area, shall notify participants of the requirement to wear a helmet during the event, race, or tour, and such persons and organizations may reject participants who fail to comply with the provisions of this chapter.

(b) The person or organization managing any such event, race, or tour shall include the helmet requirement in any promotional brochures and on registration materials. (Ord. 1117 § 4, 1996).

16.49.050 Bicycle rental, lease or loan – Bicycle helmet required.

(a) Any person engaging in the business of renting, leasing, or loaning (e.g., “test ride”) any bicycle for use in any public area shall offer to the person(s) renting, leasing, or using such bicycle(s) with the rental, lease, or use of the bicycle(s) a helmet, and further shall notify such persons of the requirements under this chapter to wear a helmet. Such persons or organizations engaged in the business of renting, leasing, or loaning bicycles shall not be required to assess whether or not a helmet provided by the person renting, leasing, or using the bicycle, meets the standards set pursuant to this chapter.

(b) The rental, lease, or loan documents (contract, agreement, brochure, or receipt) of any person engaging in the business of renting, leasing, or loaning any bicycle in the city of Fircrest must advise the person renting, leasing, or using the bicycle of the helmet requirements of this chapter.

(c) It is an affirmative defense to a violation of this section for a person wearing an unapproved helmet that the helmet was furnished in conjunction with his or her rental, lease, or use of a bicycle by a person or organization engaged in the business of renting, leasing, or loaning bicycles, and that the helmet was fastened securely while bicycling. (Ord. 1117 § 5, 1996).

16.49.060 Helmet sales – Safety standards.

(a) No person shall sell or offer for sale a helmet that does not meet or exceed the safety standards set forth in this chapter.

(b) It is a defense that the sale or offer for sale was an isolated sale of used merchandise made by an individual who was not engaged in the business of selling or repairing recreational equipment, such as a seller at a garage or rummage sale. (Ord. 1117 § 6, 1996).

16.49.070 Enforcement.

(a) The Fircrest police department shall be responsible for enforcement of the provisions of this chapter.

(b) For the purpose of this chapter, law enforcement officers may:

(1) Enter, during business hours, the premises of a business selling, repairing, leasing, loaning or renting bicycles or selling sporting or recreation equipment, to determine compliance with this chapter; and

(2) Post outside the premises of a business that offers for sale, rent, lease, loan or other public purpose a list of helmets that do not meet the safety standards of this chapter, so that the public is informed; and

(3) Stop a participant in a bicycle race, an organized event involving bicycling, or a bicycle tour that takes place in a public area when there is a violation of the requirements of this chapter. (Ord. 1117 § 8, 1996).

16.49.080 Information and education.

(a) The city shall endeavor to provide annually, or more frequently, information about the need for bicycle helmets, safe helmet use, safe bicycle operation, and bicycle safety programs.

(b) The city of Fircrest encourages any person engaging in the business of selling bicycle helmets to include information on safe helmet usage with each helmet sold. (Ord. 1117 § 9, 1996).

16.49.090 Violation – Penalty.

(a) Every person convicted of a violation of any provision of this chapter shall be subject to a monetary penalty in the amount of $101.00. Each act in violation of any of the provisions hereof shall be deemed a separate traffic infraction offense. A monetary penalty of $52.00 shall also be imposed for failure to respond to the notice of infraction relating to bicycle safety and helmets.

(b) The court may reduce the penalty and clear the notice of violation as a warning for an individual who has not received a notice of violation of this chapter within one year of the date of the violation and provides proof that he or she has acquired an approved bicycle helmet at the time of the appearance in court. The reduced monetary penalty shall be $25.00.

(d) Each rental and each event under FMC 16.49.040 shall be a separate violation. (Ord. 1373 § 1, 2005; Ord. 1117 § 7, 1996).

Resources:

Gig Harbor, WA

10.22.010 Purpose and policy declared.

A. This chapter is enacted as an exercise of the authority of the city of Gig Harbor to protect and preserve the public health, safety, and welfare. Its provisions shall be liberally construed for the accomplishment of these purposes.

C. It is the specific intent of this chapter to place the obligation of complying with its requirements upon any person included within its scope, and no provision of, nor term used in, this chapter is intended to impose any duty whatsoever upon the city of Gig Harbor or any of its officers or employees for whom the implementation or enforcement of this chapter shall be discretionary and not mandatory.

D. Nothing contained in this chapter is intended to be, nor shall be construed to create or to form the basis for, a liability on the part of the city of Gig Harbor or its officers, employees, or agents, for any injury or damage resulting from the failure of any person subject to this chapter to comply with this chapter, or by reason or in consequence of any act or omission in connection with the implementation or enforcement of this chapter on the part of the city of Gig Harbor by its officers, employees or agents. (Ord. 737 § 1, 1996).

10.22.020 Definitions.

As used in this chapter, the following terms shall have the meanings indicated, unless the context clearly requires otherwise:

A. “Bicycle” means every device propelled solely by human power upon which a person or persons may ride, having two tandem wheels either of which is 16 inches or more in diameter, or three wheels, any one of which is more than 20 inches in diameter. Within this chapter, the term “bicycle” shall include any attached trailers, side cars, and/or other device being towed by a bicycle.

B. “Guardian” means a parent, legal guardian, adult with custody, or temporary guardian, who maintains responsibility, whether voluntary or otherwise, for the safety and welfare of a person under the age of 16 years.

C. “Approved helmet” means a head covering designed for safety that meets or exceeds bicycle helmet safety standards adopted by Standard Z-90.4 set by the American National Standards Institute (ANSI), or the Snell Foundation which are hereby adopted by reference as if fully set forth herein.

D. “Public area” means public roadways, bicycle paths, parks, or any right-of-way, publicly-owned facility, or publicly-owned property within the city. (Ord. 737 § 1, 1996).

10.22.030 Bicycle helmet required.

A. Any person bicycling or riding as a bicycle passenger on or in tow of a bicycle upon any public area in the city shall wear an approved bicycle helmet, and shall have either the neck or chin strap of the helmet fastened securely while the bicycle is in motion.

B. No person shall transport another person on or tow another person on a bicycle upon any public area in the jurisdiction of the city, unless the passenger is wearing an approved bicycle helmet.

C. A parent or guardian is responsible for requiring that a child under the age of 16 years wear an approved bicycle helmet, the neck or chin strap of which is fastened securely, while upon a bicycle in motion, or bicycling or riding as a passenger on a bicycle in any public area in the city. (Ord. 737 § 1, 1996).

10.22.040 Bicycle races and events – Bicycle helmet required.

A. Any person or organization managing a bicycle race, an organized event involving bicycling, or a bicycle tour, which will take place in whole or in part in any public area in the city, shall require that all participants riding on or in tow of bicycles wear approved bicycle helmets, and such persons and organizations shall reject participants who fail to comply with the provisions of this chapter.

B. The person or organization managing any such event, race, or tour shall include the requirement to wear approved helmets in any promotional brochures and on registration materials. (Ord. 737 § 1, 1996).

10.22.050 Bicycle rental, lease or loan – Bicycle helmet required.

A. Any person engaging in the business of renting, leasing, or loaning (e g., “test ride”) any bicycle for use in any public area in the city shall supply the person(s) renting, leasing, or using such bicycle(s) with approved bicycle helmet(s), along with the bicycles unless the bicycle riders and passengers possess approved bicycle helmets of their own, and offer proof thereof, for use with the bicycle, and further shall notify such persons of the requirements of this chapter to wear a helmet meeting the safety standards described in GHMC 10.22.020(C).

B. The rental, lease, or loan documents (contract, agreement, brochure, or receipt) must advise the person renting, leasing, or using the bicycle of the helmet requirements of this chapter.

C. It is an affirmative defense to a violation of this section for a person wearing an unapproved helmet that the helmet was furnished in conjunction with his or her rental, lease, or use of a bicycle by a person or organization engaged in the business of renting, leasing, or loaning bicycles, and that the helmet was fastened securely while bicycling. (Ord. 737 § 1, 1996).

10.22.060 Helmet sales – Safety standards.

A. No person shall sell or offer for sale a helmet that does not meet or exceed the safety standards described in GHMC 10.22.020(C).

B. It is an affirmable defense to a violation of this section that the sale or offer for sale was an isolated sale of used merchandise made by an individual who was not engaged in the business of selling or repairing recreational equipment, such as a seller at a garage or rummage sale. (Ord. 737 § 1, 1996).

10.22.070 Penalties – Traffic infraction.

A. Any person violating any of the provisions of this chapter shall have committed a traffic infraction and shall be liable for monetary penalties not to exceed $124.00.

B. The court may waive, reduce, or suspend the penalty and clear the citation as a warning for a person who has not been cited under this chapter within one year, and provides proof that he or she has acquired an approved bicycle helmet at the time of appearance in court.

C. A guardian may be cited for a separate violation of this chapter for each child under 16 years of age riding on or in tow of a bicycle not wearing an approved helmet.

D. Each rental and each event under subsection A of this section shall be a separate violation. (Ord. 1300 § 1, 2014; Ord. 737 § 1, 1996).

10.22.080 Enforcement.

A. The Gig Harbor police department shall be responsible for enforcement of the provisions of this chapter.

B. For the purpose of this chapter, law enforcement officers may at their discretion:

1. Enter, during business hours, the premises of a business selling, repairing, leasing, loaning or renting bicycles or selling sporting or recreation equipment, to determine compliance with this chapter;

2. Post outside the premises of a business that offers for sale, rent, lease, loan or other public purpose a list of helmets that do not meet the safety standards of this chapter, so that the public is informed; and

3. Stop a participant in a bicycle race, an organized event involving bicycling, or a bicycle tour that takes place in a public area, when there is a violation of the requirements of this chapter. (Ord. 737 § 1, 1996).

10.22.090 Information and education.

A. Information about the need for bicycle helmets, safe helmet use, safe bicycle operation, and bicycle safety programs is available at the city of Gig Harbor police department.

B. The city of Gig Harbor encourages any person engaging in the business of selling bicycles to include information on bicycle safety and the bicycle helmet requirements of this chapter with each bicycle sold.

C. The city of Gig Harbor encourages any person engaging in the business of selling bicycle helmets to include information on safe helmet usage with each helmet sold. (Ord. 737 § 1, 1996).

Resources:

Kent City, WA

9.41.010 Purpose and policy declared.

(Ord. No. 3465, § 1, 7-6-99)

9.41.020 Definitions.

For the purposes of this chapter, the following terms shall have the following meanings:

C. Child means a person under the age of sixteen (16).

E. Public area means the public roadways, sidewalks, bicycle paths, parks, public property, public rights-of- way, and publicly owned facilities within the city limits of the city of Kent.

(Ord. No. 3465, § 1, 7-6-99)

9.41.030 Bicycle helmet required.

(Ord. No. 3465, § 1, 7-6-99)

9.41.040 Bicycle races and events – Bicycle helmet required.

The person managing, organizing, or promoting a bicycle race, tour, or event shall include notice of the bicycle helmet requirement on all promotional brochures and on all registration materials.

(Ord. No. 3465, § 1, 7-6-99)

9.41.050 Bicycle on lease or loan – Bicycle helmet to be provided.

B. Each rental or lease in violation of this section shall constitute a separate offense.

(Ord. No. 3465, § 1, 7-6-99)

9.41.060 Helmet sales – Safety standards.

(Ord. No. 3465, § 1, 7-6-99)

9.41.070 Enforcement.

A. Any person who violates any provision of this chapter shall have committed a traffic infraction punishable by a monetary penalty in the amount of twenty-five dollars ($25).

(Ord. No. 3465, § 1, 7-6-99)

Resources

Kings County, WA

Title 9 BICYCLE HELMETS

UPDATED: November 20, 2013

Chapters:

9.01 CITATION AND PURPOSE

9.04 FINDINGS

9.07 DEFINITIONS

9.10 GENERAL REQUIREMENTS REGARDING BICYCLE HELMETS

9.15 ENFORCEMENT

9.16 EFFECTIVE DATE

9.01 CITATION AND PURPOSE

Sections:

9.01.010 Title.

9.01.020 Purpose and policy declared.

9.01.030 Local municipal ordinances.

9.01.100 Severability.

9.01.010 Title. This title may be cited and referred to, and shall be known as, the "King County Bicycle Helmet Regulations." (R&R No 03-05 (part), 7-18-2003: R&R No. 84 § 1 (part), 12-4-92). 9.01.020 Purpose and policy declared. A. This title is enacted as an exercise of the authority of the King County board of health to protect and preserve the public health and welfare. Its provisions shall be liberally construed for the accomplishment of these purposes. B. It is the express purpose of this title to provide for and to promote the health and welfare of the general public and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this title. C. It is the specific intent of this title to place the obligation of complying with its requirements upon any person falling within its scope, and no provision of, nor term used in, this title is intended to impose any duty whatsoever upon King County or any of its officers or employees, for whom the implementation or enforcement of this title shall be discretionary and not mandatory. D. Nothing contained in this title is intended to be, nor shall be construed to create or to form the basis for, a liability on the part of the King County, or its officers, employees or agents, for any injury or damage resulting from the failure of any person to comply with this title. (R&R No 03-05 (part), 7-18- 2003: R&R 84 § 1 (part), 12-4-92). 9.01.030 Local municipal ordinances. A. Nothing in this regulation is intended to limit the ability of local jurisdictions to adopt and enforce requirements regarding bicycle helmets. (R&R No 03-05 (part), 7-18-2003). 9.01.100 Severability. The provisions of this title are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portions of this title, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of this title or the validity of its application to other persons or circumstances. (R&R No 03-05 (part), 7-18-2003: R&R No. 84 § 1 (part), 12-4-92).

9.04 FINDINGS

Sections: 9.04.010 Findings.

9.04.010 Findings. A. Head injuries are a major cause of death and disability associated with the operation of a bicycle on public roadways and bike paths. Every year approximately one thousand (1,000) Americans die of bicycle- related injuries. Approximately seventy-five percent (75%) of those deaths are due to head injuries. A significant number of those individuals who survive head injuries don't return to a normal life. They are often left with profound, disabling and long-lasting conditions. From 1989 through 1998, there were thirty-five (35) bicycle-related deaths and 2,003 bicycle-related hospitalizations in King County, including Seattle. B. Bicycle helmets have been shown to prevent head injuries suffered by bicycle riders during a crash or fall. Studies completed in 1989 and 1996 by investigators at Group Health Cooperative of Puget Sound and the Harborview Injury Prevention and Research Center show that helmet use could reduce the number of head injuries involving bicycling by sixty-nine percent (69%) to eighty-five percent (85%). The Medical Examiner noted that of the eight bicycle-related deaths in 2000, four were not wearing helmets. Moreover, the King County Child Death Review (CDR) found that of the five children who died while riding a bicycle from July 1998 through April 2002, four were unhelmeted; the CDR experts concluded that three of the children would have likely survived if a helmet had been worn. Finally, using tools developed by The Centers for Disease Control and Prevention it is estimated that nearly $ 10 million would be saved annually in both direct and indirect costs for bicycle-related head injuries if every cyclist were wearing a helmet in King County. C. Educational and promotional efforts in King County have increased helmet use from two percent (2%) in 1985 to 61 percent (61%) in 1999 for children ages 5-12. In 1999, bicycle helmet use in adults was observed to be seventy-one percent (71%). However, these effects have plateaued. Additional efforts are needed to augment helmet use. D. Studies in the United States and elsewhere demonstrate that legislation is effective in increasing helmet use. Helmet laws in Georgia, Maryland, and New York increased helmet use by 26% to 40%. In North Carolina, helmet use increased 2-3 fold after legislation. Furthermore, New Zealand found a thirty percent (30%) reduction in head injuries after passage of a helmet law. Thus, regulations requiring the use of bicycle helmets enhance the effectiveness of educational efforts to reduce the number and severity of head injuries resulting from bicycle crashes. The board of health therefore finds that bicycle helmets are required for the safe operation of bicycles not powered by motor on public roadways, bicycle paths or any right-of-way or publicly owned facility located in King County, including Seattle. (R&R No 03-05 (part), 7-18-2003: R&R No. 84 § 1 (part), 12-4-92).

9.07 DEFINITIONS

Sections:

9.07.005 Definitions adopted.

9.07.010 Guardian.

9.07.020 Bicycle not powered by motor.

9.07.005 Definitions adopted. The following definitions of this chapter are adopted for this title. (R&R No 03-05 (part), 7-18-2003: R&R No. 84 § 1 (part), 12-4-92).

9.07.010 Guardian. “Guardian” means a parent, legal guardian or temporary guardian who maintains responsibility, whether voluntary or otherwise, for the safety and welfare of a person under the age of eighteen (18) years. (R&R No 03-05 (part), 7-18-2003: R&R No. 84 § 1 (part), 12-4-92).

9.07.020 Bicycle not powered by motor. “Bicycle” means every device propelled solely by human power upon which a person or persons may ride, having two tandem wheels, either of which is sixteen inches or more diameter, or three wheels, any one of which is more than twenty inches in diameter (RCW 46.04.071). Within this chapter, the term “bicycle” shall include any attached trailers, side cars, and/or device being towed by a bicycle. (R&R No 03-05 (part), 7-18- 2003: R&R No. 84 § 1 (part), 12-4-92).

9.10 GENERAL REQUIREMENTS REGARDING BICYCLE HELMETS

Sections:

9.10.010 Requirements regarding bicycle helmets.

9.10.010 Requirements regarding bicycle helmets.
A. Any person operating or riding on a bicycle not powered by motor on a public roadway, bicycle path or on any right-of-way or publicly owned facilities located in King County including Seattle, shall wear a protective helmet designed for bicycle safety. Such helmet shall meet or exceed the safety standards adopted by the U.S. Consumer Product Safety Commission (CPSC) 15 USCS 6004, or Z-90.4 set by the American National Standards Institute (ANSI), the Snell Foundation, the ASTM (American Society for Testing and Materials), or such subsequent nationally recognized standard for bicycle helmet performance as the county may adopt. The helmet must be equipped with either a neck or chinstrap that shall be fastened securely while the bicycle is in motion.

B. The guardian of a person under the age of eighteen (18) years shall not knowingly allow, or fail to take reasonable steps to prevent, that person from operating or riding on a bicycle not powered by motor on a public roadway, bicycle path or on any right-of-way or publicly owned facilities located in King County including Seattle, unless that person is wearing a helmet that meets the requirements of subsection (A) of this section.

C. No person shall transport another person upon a bicycle not powered by motor on a public roadway, bicycle path or on any right-of-way or publicly owned facilities located in King County including Seattle, unless that other person is wearing a helmet that meets the requirements of subsection (A) of this section. D. No person shall sell or offer for sale a bicycle helmet that does not meet the requirements of subsection (A) of this section. E. No person shall rent a bicycle not powered by motor for use to another person unless the renter possesses a helmet that meets the requirements of subsection (A) of this section. (R&R No 03-05 (part), 7-18- 2003: R&R No. 84 § 1 (part), 12-4-92).

9.15 ENFORCEMENT

Sections:

9.15.010 Enforcement.

9.15.010 Enforcement.
A. A violation of this regulation is designated a civil infraction, to which the provisions of RCW Chapter 7.80 shall apply, except as set forth hereafter.

B. Any duly commissioned law enforcement officer having law enforcement authority at the place where a violation of this regulation occurs is authorized to enforce the provisions of this regulation.

C. Any person found to have committed a violation of this regulation shall be assessed a monetary penalty of thirty dollars ($30.00) for each such violation, not including applicable court costs.

D. Whenever a court under this regulation imposes a monetary penalty, it is immediately payable. If the person is unable to pay at the time the penalty is imposed; the court may grant an extension of the period in which the penalty may be paid.

E. The court may waive, reduce or suspend the monetary penalty prescribed herein, and may impose such conditions on any waiver, reduction or suspension as it deems just. If the court determines that a person has insufficient funds to pay the monetary penalty, the court may order performance of a number of hours of community service in lieu of a monetary penalty, at the rate of the then state minimum wage per hour.

F. The first time a person has been issued a notice of infraction for violation of this regulation, if such person appears in person before the court and supplies the court with proof that between the date of the notice of infraction and the appearance date in court the person purchased a helmet that meets the requirements of this regulation, the court shall dismiss the notice of infraction without costs. Alternatively, the person issued a notice of infraction may supply the court or police department with such proof by mail, and the court, at its discretion, may elect to dismiss the notice of infraction without costs, or, if not satisfied with this proof, may require a personal appearance. (R&R No 03-05 (part), 7-18-2003: R&R No. 84 § 1 (part), 12-4-92).

9.16 EFFECTIVE DATE

Sections:

9.16.010 Effective date.

9.16.010 Effective date.
A. This amendment* shall take effect thirty days from the date of its adoption by the board. (R&R No 03-05 (part), 7-18-2003).

*Editor’s Note: “This amendment” refers to the amendment of this title by R&R No. 03-05, which amendment was adopted on July 18, 2003, and therefore became effective on August 17, 2003.

Lakewood, WA

Chapter 10.22 BICYCLE HELMETS

Sections:

10.22.010 Definitions.
10.22.020 Bicycle Helmet Required.
10.22.030 Bicycle Races and Events - Bicycle Helmet Required.
10.22.040 Bicycle Leasing or Loan - Bicycle Helmet Required.
10.22.050 Helmet Sales - Safety Standards.
10.22.060 Penalties - Traffic Infraction.
10.22.070 Enforcement.
10.22.080 Information and Education.

10.22.010 Definitions.

As used in this Chapter, the following terms shall have the meanings indicated, unless the context clearly requires otherwise:

A. “Bicycle” means every device propelled solely by human power upon which a person or persons may ride, having two tandem wheels, either of which is twelve inches or more in diameter, or three wheels, any one of which is more than twenty inches in diameter (RCW 46.04.071). Within this chapter, the term “bicycle” shall include any attached trailers, side cars, and/or other device being towed by a bicycle.

B. “Guardian” means a parent, legal guardian, an adult with custody, or temporary guardian, who maintains responsibility, whether voluntary or otherwise, for the safety and welfare of a person under the age of eighteen years.

C. “Helmet” means a head covering that meets or exceeds safety standards adopted by Standard Z-90.4 set by the American National Standards Institute (ANSI), or the Snell Foundation, or such subsequent nationally-recognized standard for bicycle helmet performance as the City may adopt.

D. “Public area” means public streets, bicycle paths, parks, or any right-of-way or publicly-owned facility under the jurisdiction of the City. (Ord. 96 § 1 (part), 1996.)

10.22.020 Bicycle Helmet Required.

A. Any person bicycling or riding as a bicycle passenger on or in tow of a bicycle upon any public area in the City shall wear an approved bicycle helmet designed for safety that meets or exceeds the standards adopted in Section 10.22.010 C., and shall have either the neck or chin strap of the helmet fastened securely while the bicycle is in motion.

B. No person shall transport another person on or in tow of a bicycle upon any public area in the jurisdiction of the City, unless the passenger is wearing a helmet that meets the requirements of this Chapter.

C. A parent or guardian is responsible for requiring that a child under the age of sixteen years wears an approved bicycle helmet while bicycling or riding as a passenger on a bicycle in any public area in the City, and has the neck or chin strap of the helmet fastened securely. (Ord. 96 § 1 (part), 1996.)

10.22.030 Bicycle Races and Events - Bicycle Helmet Required.

A. Any person managing a bicycle race, an organized event involving bicycling, or a bicycle tour in the public areas of the City shall require that all participants on or in tow of bicycles wear approved bicycle helmets.

B. The person managing any such event shall include the bicycle helmet requirement in any promotional brochures and on registration materials. (Ord. 96 § 1 (part), 1996.)

10.22.040 Bicycle Leasing or Loan - Bicycle Helmet Required.

A. Any person engaging in the business of renting or loaning (e.g. “a test drive”) any bicycle for use in any public place in the City shall supply the persons leasing or using bicycles with approved bicycle helmets as defined herein, along with the bicycles, unless the bicycle riders and passengers possess approved bicycle helmets of their own, and offer proof thereof, for use with the bicycle.

B. The rental papers (contract, agreement, or receipt) must advise the person renting the bicycle of the bicycle helmet requirements of this Chapter.

C. It is a defense to this Section for a person wearing an unapproved bicycle helmet that the helmet was furnished in conjunction with his or her lease of a bicycle by a person engaged in the business of renting bicycles, and that the helmet was fastened securely while bicycling. (Ord. 96 § 1 (part), 1996.)

10.22.050 Helmet Sales - Safety Standards.

A. No person shall sell or offer for sale a bicycle helmet that does not meet or exceed the safety standards set by the American National Standards Institute (ANSI) Standard Z-90.4, or the Snell Foundation, or such subsequent nationally-recognized standard for bicycle helmet performance as the City may adopt.

10.22.060 Penalties - Traffic Infraction.

A. Any person violating any of the provisions of this Chapter shall have committed a traffic infraction and shall be liable for monetary penalties as set forth in RCW 46.63, not to exceed $25.00.

B. The Court may waive, reduce, or suspend the penalty and clear the notice of violation as a warning for an individual who has not received a notice of violation of this Chapter within one year, and provides proof that he or she has acquired an approved bicycle helmet at the time of appearance in Court.

C. Each child under sixteen not meeting the requirements of Section 10.22.020 shall represent a separate violation.

D. Each rental and each event under Section 10.22.040 shall be a separate violation. (Ord. 96 § 1 (part), 1996.)

10.22.070 Enforcement.

A. The law enforcement agency of the City shall be responsible to enforce the provisions of this Chapter.

B. For the purpose of this Chapter, law enforcement officers may at their discretion:

1. Enter, during business hours, the premises of a business selling, repairing, or renting bicycles or selling sporting or recreation equipment, to determine compliance with this Chapter;

2. Post notice outside the premises of a business that offers for sale, rent, or other public use, bicycle helmets that do not meet the safety standards of this Chapter, so that the public is informed; and

10.22.080 Information and Education.

A. Information about the need for bicycle helmets, safe helmet use, safe bicycle operation, and existing bicycle safety programs is available at City Hall.

B. The City encourages any person engaging in the business of selling bicycles to include information on bicycle safety and the bicycle helmet requirements of this Chapter with each bicycle sold.

C. The City encourages any person engaging in the business of selling bicycle helmets to include information on safe helmet usage with each helmet sold. (Ord. 96 § 1 (part), 1996.)

Resources

Lynwood, WA

Title 11 TRAFFIC Chapter 11.57 BICYCLE HELMETS

Chapter 11.57 BICYCLE HELMETS

Sections:

11.57.005 Definitions.
11.57.010 Helmet required.
11.57.020 Minors – Guardian’s responsibility.
11.57.030 Passengers. 11.57.040 Sales of helmets.
11.57.050 Rented bicycles.
11.57.060 Violation – Infraction.
11.57.070 Enforcement. 11.57.080 Violation – Penalty.
11.57.090 Penalty – Payment.
11.57.100 Penalty – Waiver, reduction or suspension.
11.57.110 Infraction – Dismissal following helmet purchase.

11.57.005 Definitions.
For the purposes of this chapter, the following terms shall have the following meanings:

A. “Approved bicycle helmet” means a head covering designed to protect the head that meets or exceeds safety standards adopted by the United States Consumer Product Safety Commission (CPSC), the American National Standards Institute (ANSI), the Snell Foundation or such subsequently nationally recognized standard for bicycle helmet performance as Washington State may adopt.

B. “Bicycle” means every device propelled solely by human power upon which a person or persons may ride, having two tandem wheels, either of which is eight inches or more in diameter, or three wheels, any one of which is more than 20 inches in diameter. The term “bicycle” shall include any child-seat, trailer, side car, or other device attached to a bicycle.

A device meeting the definition of a bicycle shall be considered a bicycle notwithstanding the fact that training wheels are affixed to the device.

C. “Child” means a person under the age of 18.

D. “Cycle” means a vehicle with at least one wheel, a saddle seat, and pedals by which it is propelled.

E. “Guardian” means a person legally responsible for the care and management of a person under the age of 18. “Guardian” shall include the parent, a person with legal custody, a person with temporary custody, or a person who is temporarily caring for the child.

F. “Public area” means the public roadways, sidewalks, bicycle paths, parks, public property, public rights-of-way, and publicly owned facilities within the city limits of the city of Lynnwood. (Ord. 2521 § 2, 2004)

11.57.010 Helmet required.

11.57.020 Minors – Guardian’s responsibility.

The guardian of a person under the age of 18 years shall not knowingly allow, or fail to take reasonable steps, to prevent that person from operating or riding on a bicycle or other cycle not powered by a motor on a public highway, bicycle path or any right-of-way or publicly owned facilities under the jurisdiction of the city of Lynnwood, unless that person is wearing an approved bicycle helmet. (Ord. 2521 § 2, 2004)

11.57.030 Passengers.

No person shall transport another person on a bicycle or any other cycle not powered by a motor on a public roadway, bicycle path, or any right-of-way or publicly owned facilities under the jurisdiction of the city of Lynnwood, unless the other person is wearing an approved bicycle helmet. (Ord. 2521 § 2, 2004)

11.57.040 Sales of helmets.

No person shall sell or offer for sale a bicycle helmet that does not meet or exceed safety standards adopted by the United States Consumer Product Safety Commission (CPSC), the American National Standards Institute (ANSI), the Snell Foundation or such subsequently nationally recognized standard for bicycle helmet performance as Washington State may adopt. (Ord. 2521 § 2, 2004)

11.57.050 Rented bicycles.

No person (vendor) shall rent to another a bicycle for use by another person unless the other person possesses or is supplied with an approved bicycle helmet. (Ord. 2521 § 2, 2004)

11.57.060 Violation – Infraction.

A violation of this chapter is a traffic infraction. (Ord. 2521 § 2, 2004)

11.57.070 Enforcement.

11.57.080 Violation – Penalty.

Any person found to have committed a violation of this chapter shall be assessed a monetary penalty of $30.00 for each violation, not including applicable court costs. (Ord. 2521 § 2, 2004)

11.57.090 Penalty – Payment.

Whenever a monetary penalty is imposed by a court under this chapter, it is immediately payable. If the person is unable to pay at the time the penalty is imposed, the court may grant extension for a period in which the penalty may be paid. (Ord. 2521 § 2, 2004)

11.57.100 Penalty – Waiver, reduction or suspension.

11.57.110 Infraction – Dismissal following helmet purchase.

The first time a person has been issued a notice of infraction for violation of this chapter, if such person appears in person before the court and supplies the court with proof that between the date of notice of infraction and the appearance date in court the person has purchased a helmet that meets the requirements of this chapter, the court shall dismiss the notice of infraction without costs. (Ord. 2521 § 2, 2004)

Resources:

Pierce County, WA

10.22.010 Definitions.

As used in this Chapter, the following terms shall have the meanings indicated, unless the context clearly requires otherwise:

A. "Bicycle" means every device propelled solely by human power upon which a person or persons may ride, having two tandem wheels, either of which is 16 inches or more in diameter, or three wheels, any one of which is more than 20 inches in diameter (RCW 46.04.071). Within this Chapter, the term "bicycle" shall include any attached trailers, side cars, and/or other device being towed by a bicycle.

B. "Guardian" means a parent, legal guardian, an adult with custody, or temporary guardian, who maintains responsibility, whether voluntary or otherwise, for the safety and welfare of a person under the age of 18 years.

C. "Helmet" means a head covering that meets or exceeds safety standards adopted by Standard Z 90.4 set by the American National Standards Institute (ANSI), or the Snell Foundation, or such subsequent nationally-recognized standard for bicycle helmet performance as the County Council may adopt.

D. "Public area" means public roadways, bicycle paths, parks, or any right-of-way or publicly-owned facility under the jurisdiction of Pierce County.