HomeMy WebLinkAbout4717 ORDINANCE NO. '4 7 { '7
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.
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. 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:
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 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
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
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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 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 10.14.030 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 of Bremerton 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 q. aSL day ofj~,u~3, 2000.
PASSED by the Bremerton City Council this//,t.j~ay o ot~p~, 2000.
CAROL ARENDS, Council President
APPROVED this '2..'t..-., day of ~,..,..~. ~.a'¥'-, 2000.
%
LYbhN S. HORTON, Mayor
ATTEST:
KA:rI3ILEEN L. M~luskey, City Clerk
EFFECTIVE DATE .. q-/-.0o _
PUBLICATION DATE f. ~,~-00 ..
ORDINANCE NUMBER .,/7/7
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