Chapter 8.52
HELMET REQUIREMENTS

Sections:

8.52.010  Purpose and policy.

8.52.020  Definitions.

8.52.030  Helmet required.

8.52.040  Special events, including but not limited to races, exhibitions, demonstrations, parades and events – Helmet required.

8.52.050  Rent, lease or loan of a bicycle, electric-assisted bicycle, skateboard, roller blade, roller skate, skate shoes or scooter – Helmet required.

8.52.060  Helmet sales – Safety standards.

8.52.070  Penalties – Civil infraction.

8.52.080  Enforcement.

8.52.090  Information and education.

8.52.010 Purpose and policy.

A. This chapter is enacted as an exercise of the authority of the city of Ellensburg 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 Ellensburg 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, liability on the part of the city of Ellensburg 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 Ellensburg by its officers, employees or agents. [Ord. 4412 § 1, 2005.]

8.52.020 Definitions.

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

A. “Approved helmet” means a head covering designed for safety that shall meet or exceed the bicycle helmet safety standards adopted by the U.S. Consumer Products Safety Commission (CPSC), 16 CFR Part 1203, the American National Standards Institute (ANSI), the Snell Foundation, the American Society for Testing and Materials (ASTM), or such subsequent nationally recognized standard for helmet performance as the city may adopt; provided, however, the applicable safety standard for an approved helmet for skateboarding shall meet or exceed American Society for Testing and Materials (ASTM) standard F-1492. The helmet must be equipped with either a neck or chin strap that shall be fastened securely while the wheeled vehicle is in motion.

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 11 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.

C. “Electric-assisted bicycle” means a bicycle with two or three wheels, a saddle, fully operative pedals for human propulsion, and an electric motor.

D. “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.

E. “In-line skates,” “roller skates,” and “skate shoes” means every device which is attached to the rider much like a pair of shoes or boots and which has two or more wheels attached in-line or next to each other beneath, and footwear which has internal or external wheels incorporated as a part the footwear, which wheels are incorporated either in-line or next to each other on the bottom of the footwear.

F. “Public area” means city-owned roadways, sidewalks, bicycle paths, parks, rights-of-way, and other facilities or property owned by the city of Ellensburg.

G. “Scooter” means every device with a platform having two or more wheels beneath it and a balancing handpost or steering device, which the rider balances on top of, and which is propelled solely by human power.

H. “Skateboard” means every device with a platform having two or more sets of wheels beneath it, which the rider balances on top of, and which is either propelled solely by human power, or propelled by an attached or auxiliary electric or gasoline motor. [Ord. 4412 § 1, 2005.]

8.52.030 Helmet required.

A. Any person under 16 years of age riding or otherwise operating any bicycle, electric-assisted bicycle, in-line skates, roller skate(s), skate shoe(s), scooter or skateboard, including any passenger thereon and/or person being towed thereby, on any public area in the city shall wear an approved helmet, and shall have either the neck or chin strap of the helmet fastened securely while the device is in motion.

B. No person shall transport another person on or tow another person on a device listed in subsection (A) of this section upon any public area in the jurisdiction of the city, unless the passenger is wearing an approved helmet.

C. A guardian is responsible for requiring that a child under the age of 16 years who is under the guardian's care wears an approved helmet, the neck or chin strap of which is fastened securely, while upon a device listed in subsection (A) of this section in motion, or riding as a passenger on a device listed in subsection (A) of this section in any public area in the city.

D. It is an affirmative defense to a violation of this section that the guardian responsible for a child under the age of 16 did require the child to wear an approved helmet at all times that the child was in the guardian's presence.

E. 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 device listed in subsection (A) of this section by a person or organization engaged in the business of renting, leasing, or loaning such devices, and that the helmet was fastened securely while riding.

F. Provisions of this chapter shall not apply to any wheeled devices such as, but not limited to, electronic scooters or wheelchairs that are designed and being utilized for medically related reasons. [Ord. 4412 § 1, 2005.]

8.52.040 Special events, including but not limited to races, exhibitions, demonstrations, parades and events – Helmet required.

A. Any person or organization managing a race, an organized event involving bicycling, a bicycle tour, or devices listed in ECC 8.52.030(A) which will take place in whole or in part in any public area in the city shall require that all participants under 16 years of age riding on or in tow wear approved 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 in any promotional brochures and on registration materials the requirement that participants under 16 years of age wear approved helmets.

C. It is an affirmative defense to a violation of this section for a person or organization managing an event, race, or tour that all participants under 16 years of age were wearing approved helmets at the start of the event, race, or tour and were instructed to discontinue their participation by a person responsible for management of the event, race, or tour at any point where the participant failed to comply with the requirement of wearing an approved helmet. [Ord. 4412 § 1, 2005.]

8.52.050 Rent, lease or loan of a bicycle, electric-assisted bicycle, skateboard, roller blade, roller skate, skate shoes or scooter – Helmet required.

A. Any person engaging in the business of renting, leasing or loaning (e.g., “test ride”) any of the devices listed in ECC 8.52.030(A) for use in any public area in the city shall supply the person(s) renting, leasing or using any of the devices with approved helmet(s) along with the devices unless the riders and passengers possess approved helmets of their own, and offer proof thereof, for use with the device and further shall notify such persons of the requirements of this chapter that persons under 16 years of age wear a helmet meeting the safety standards described in ECC 8.52.030.

B. The rental, lease or loan documents (contract, agreement, brochure or receipt) shall advise the person renting, leasing or using any of the devices listed in ECC 8.52.030(A) of the helmet requirements of this chapter. [Ord. 4412 § 1, 2005.]

8.52.060 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 ECC 8.52.020.

B. It is an affirmative 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. 4412 § 1, 2005.]

8.52.070 Penalties – Civil infraction.

A. Any person, including any parent or guardian, violating any of the provisions of this chapter shall have committed a Class 4 civil infraction and shall be liable for a monetary penalty not to exceed $25.00.

B. The court may waive, reduce or suspend the civil penalty and clear the civil infraction 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 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 device listed in ECC 8.52.030(A) not wearing an approved helmet.

D. Each event under subsection (A) of this section shall be a separate violation. [Ord. 4412 § 1, 2005.]

8.52.080 Enforcement.

A. The Ellensburg 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 bicycles, skateboards, skates, scooters or selling sporting or recreation equipment to determine compliance with this chapter;

2. Post outside the premises of a business identified in subsection (B)(1) of this section 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 race or organized event involving any of the devices listed in ECC 8.52.030(A) or a tour that takes place in a public area, when there is a violation of the requirements of this chapter. [Ord. 4412 § 1, 2005.]

8.52.090 Information and education.

A. Information about the need for helmets, safe helmet use, traffic safety education and helmet safety programs are available at the Ellensburg police department.

B. The city encourages any person engaging in the business of selling bicycles or any of the devices listed ECC 8.52.030(A) to include information on helmet safety and the helmet requirements of this chapter with each bicycle or device sold.

C. The city encourages any person engaging in the business of selling helmets to include information on safe helmet usage with each helmet sold. [Ord. 4412 § 1, 2005.]