1953 - Ordinance - Adding New Chapter 10.30 Bicycle Safety and Helmets9
ORDINANCE NO. 1953
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
AMENDING PORTORCHARD MUNICIPAL CODE TITLE 10 BY ADDING
A NEW CHAPTER 10.30 REGARDING BICYCLE SAFETY AND HELMETS
WHEREAS, the use of bicycle helmets will protect and preserve the public health,
safety, and welfare of persons riding bicycles, scooters, roller blades, skateboards, and roller skates;
and
WHEREAS, the City of Port Orchard desires to provide for and promote the health,
safety, and welfare of the citizens of, Port Orchard by amending the Municipal Code to require the
use of bicycle helmets; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN
AS FOLLOWS:
SECTION 1. A new chapter 10.30 is hereby added to the Port Orchard Municipal
Code to read as follows:
Chapter 10.30
BICYCLE SAFETY AND HELMETS
Sections:
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 Bicycle, roller skates, scooter, or skateboard
rental, leasing or loan— Bicycle helmet required
10.30.060 Helmet sales— Safety standards.
10.30.070 Penalties— Civil infraction.
10.30.080 Enforcement/ implementation.
10.30.010 Purpose and policy.
(1) This chapter is enacted as an exercise of the police power of the city of
Port Orchard to protect and preserve the public health, safety and
welfare. Its provisions shall be liberally construed for the accomplishment
of these purposes.
(2) 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
Ordinance No. 1953
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who will or should be especially protected or benefited by the terms of
this chapter.
(2) It is the specific intent of this chapter to place the obliagtion 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 Port Orchard or any of its officers or
employees for whom the implmentation or enforcement of this chapter
shall be disscretionary and not mandatory.
(4) Nothing contained in this chapter is intended to be, nor shall be
construed to create or to form the basis for liability on the part of the city
of Port Orchard 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:
(1) "Bicycle" means every device propelled 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.
(2) "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.
(3) "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),
15 USC §6004, or such nationally recognized standard for bicycle helmet
performance as the city council may subsequently adopt.
(4) "Public area means public roadways, bicycle paths, parks, or any right-
of-way, publicly owned facility, publicly owned property within the city of
Port Orchard.
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(4) "Roller Skates" means a pair of shoes or boots mounted upon two sets of
wheels, or mounted upon three or more sets of wheels located one
behind the other under the attached shoe or boot, and is most often
propselled by the use in an upright, standing position.
(6) "Scooter" means a footboard mounted upon two or more wheels,
controlled by an upright steering handle, and is propelled by the uer
usually in an upright position or kneeling. "Scooter" includes a footboard
mounted upon two or more wheels controlled by an upright steering
handle that is propelled by an engine.
(7) "Skateboard" means a board of any material with wheels affixed to the
underside, designed to be ridden by aperson.
10.30.030 Helmet required.
(1) Any person who operates or rides a bicycle, roller skates, scooter or
skateboard 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, roller skates, scooter or skateboard is in motion.
(2) Except as provided in subsection 3, below, no person shall tow or
transport a person on a bicycle, roller skates, scooter or skateboard in or
upon any public area, unless the person is wearing a helmet.
(3) A parent or guardian shall be responsible for requiring that achild over
the age of 12 months and under the age of 18 years wears a helmet, the
neck or chin strap of which must be fastened securely, while that child is
towed or transportated by or on a bicycle, roller skates, scooter or
skateboard in motion, in any public area in the city. A parent or guardian
of a child under the age of 12 months should consult with a physician
regarding the child's use of a bike helmet.
10.30.040 Bicycle races and erents — Bicycle helmet required.
(1) 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 require all participants 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.
(2) 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 Bicycle, roller skates, scooter or skateboard rental, lease,
or loan — Bicycle helmet required.
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(1) Any person engaging in the business of renting or loaning (e.g., a test
drive) any bicycle, skateboard, roller skates, or scooter for use in any
public place in the city of PortOrchard shall supply the persons leasing or
using bicycles, skateboards, roller skates, or scooters with approved
helmets as defined herein, along with the bicycles, skateboards, roller
skates, or scooter, unless the bicycle, skateboard, roller skates, or
scooter riders and passengers possess approved helmets of their own,
and offer proof thereof, for use with the bicycle, skateboard, roller
skates, or scooter.
(2) The rental papers (contract, agreement, or receipt) must advise the
person renting the bicycle, skateboard, roller skates, or scooter of the
helmet requirements of this chapter.
(3) It is 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, roller skates, or scooter by a person engaged in the
business of renting bicycles, skateboards, roller skates, or scooters, and
that the helmet was fastened securely while bicycling, skateboarding,
roller-skating, or riding a scooter.
10.30.060 Helmet sales or rentals— Safety standards:
No person shall sell, offer for sale, rent, or otherwise provide in conjuction
with the rental of a bicycle, roller skates, scooter, or skateboard, a helmet
that does not meet or exceed the safety standards set forth in this chapter.
10.30.070 Penalties— Civil infraction.
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.
10.30.080 Enforcement/implementation.
(1) The Port Orchard Police Department 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.
(2) In order to provide an effective means of implementing a requirement for
all persons riding or using bicycles, roller skates, scooters, and
skateboards and their passengers to wear helmets, the Port Orchard
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.
(3) In order to educate the public concerning the provisions of this chapter,
after the effective date of the ordinance codified in this chapter, a
violator may be issued a regular notice of civil infraction. However, if this
r •
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is the first time a person has been issued a notice of civil infraction for a
violation of POMC 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, the court may dismiss the notice of
civil infraction without costs.
SECTION 2. This ordinance shall be in full force and effect five (5) days after
posting and publication as required by law. A summary of this Ordinance may be published in lieu
of the entire ordinance, as authorized by State Law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the Clerk in authentication of such passage this 2P day of September 2004.
ATTEST:
APPROVED AS TO FORM:
hol' City Attorn
KIM E. ABEL, MAYOR
Sponsored by:
Rick W att, Councilmember
NOTICE OF CITY OF PORT ORCHARD
ORDINANCE
The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular
Council meeting held September 27, 2004.
ORDINANCE NO. 1953
AN ORDINANCE OF THE CITY PORT ORCHARD, WASHINGTON,
AMENDING PORT ORCHARD MUNICIPAL CODE TITLE 10 BY ADDING
A NEW CHAPTER 10.30 REGARDING BICYCLE SAFETY AND
HELMETS.
Copies of Ordinance No. 1953 are available for review at the office of the City Clerk of the City of Port
Orchard. Upon written request a statement of the full text of the Ordinance will be mailed to any
interested person without charge. Thirty days after publication, copies of Ordinance No. 1953 will be
provided at a nominal charge.
City of Port
(�Orchard
Michelle Martino
Deputy Clerk
Publish: Port Orchard Independent
October 2, 2004
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