CHAPTER 10.46
BICYCLE HELMETS
Sections:
10.46.030 Requirement to wear an approved bicycle helmet.
10.46.050 Sale, rent, lease, or loan of a bicycle.
10.46.010 Purpose and policy.
A. This chapter is enacted as the City’s exercise of the authority to protect and preserve the public health, safety, and welfare. Its provisions shall be liberally construed for the accomplishment of these purposes.
B. Through this chapter, the City declares that wearing an approved bicycle helmet will reduce injuries while riding bicycles. In furtherance of this declaration, the City has committed such resources as are necessary to educate the general public of the benefits of wearing an approved bicycle helmet.
C. The City’s intent in promoting the wearing of approved bicycle helmets by children when riding bicycles through this chapter is that enforcement shall be through education of the public rather than through the exaction of monetary penalties.
D. In providing and promoting the health, safety, and welfare of the general public, this chapter does not 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.
E. No provision of this chapter intends to impose any duty whatsoever upon the City or any of its officers or employees for whom the implementation or enforcement of this chapter shall be discretionary and not mandatory.
F. This chapter shall not create, nor shall be construed to create, or to form the basis for, liability on the part of, the City or its officers, employees, or agents for any injury or damage resulting from the failure of any person 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 by the City, through its officers, employees, or agents. (Ord 14-444 §1 (Ex A))
10.46.020 Definitions.
In construing this chapter, the following definitions shall apply:
"Approved bicycle 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 Standard 2.90.4 of the American National Standards Institute (ANSI), the Snell Foundation, the American Society for Testing and Materials (ASTM), or such subsequent nationally recognized standard for bicycle helmet performance as the City may adopt. The approved bicycle helmet must be equipped with either a neck or chin strap that shall be fastened securely while a bicycle is in motion.
"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 eleven inches or more in diameter, or three wheels, any one of which is more than twenty 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.
"Bicycle event" means any event, race, or tour or any other event, whether formal or informal, where participating includes riding a bicycle.
"Child" or "children" mean a person(s) under the age of seventeen years.
"Electric-assisted bicycle" means a bicycle with two or three wheels, a saddle, fully operative pedals, for human propulsion, and an electric motor. Unless specifically stated, the term "bicycle" shall include "electric-assisted 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 seventeen years.
"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.
"Riding a bicycle" means riding or otherwise operating a bicycle, as well as being a passenger thereon or being towed thereby.
"Wearing an approved bicycle helmet" means wearing an approved bicycle helmet with the neck or chin strap securely fastened. (Ord 14-444 §1 (Ex A))
10.46.030 Requirement to wear an approved bicycle helmet.
A. Any child riding a bicycle on any public area shall wear an approved bicycle helmet.
B. No person shall transport a child on or tow a child with a bicycle on a public area, unless the child is wearing an approved bicycle helmet.
C. A guardian shall not knowingly allow, or fail to take reasonable steps to ensure a child under the guardian’s care wear an approved bicycle helmet while riding a bicycle.
D. The 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 14-444 §1 (Ex A))
10.46.040 Bicycle events.
A. Any person or organization managing a bicycle event which will take place in whole or in part on any public area shall require all children riding bicycles to wear approved bicycle helmets.
B. The person or organization managing a bicycle event shall include in any promotional brochures and on registration materials advising of the requirement that participants wear approved bicycle helmets. (Ord 14-444 §1 (Ex A))
10.46.050 Sale, rent, lease, or loan of a bicycle.
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 supply children who rent, lease, or use a bicycle with an approved bicycle helmet(s) for use with the bicycle unless the child possesses an approved bicycle helmet of their own, and offer proof thereof, and further shall notify a guardian that all children riding a bicycle within the City shall wear an approved bicycle helmet.
B. Documents for the sale, rental, lease, or loan of a bicycle shall include a conspicuous statement that all children riding a bicycle on a public area wear an approved bicycle helmet. (Ord 14-444 §1 (Ex A))
10.46.060 Sales of approved bicycle helmets.
No person shall sell or offer for sale a helmet that is not an approved bicycle helmet. (Ord 14-444 §1 (Ex A))
10.46.070 Penalties.
A. Failing to Wear an Approved Bicycle Helmet.
1. First Violation – Counsel. Upon the first violation within a year the child and/or guardian will be counseled and advised of the requirement to wear an approved bicycle helmet, and the City shall provide an approved bicycle helmet to any child who does not have an approved bicycle helmet.
2. Second Violation – Bike Safety Class. Upon the second violation within a year the child and/or guardian shall attend a bicycle safety class approved by the City.
B. Violations Relating to Sales, Etc. Any person violating the provisions of Sections 10.46.050 and 10.46.060 shall have committed a civil infraction and be subject to a C-17 penalty as provided in Chapter 1.01.
C. Violations Relating to Bicycle Events. Any person violating the provisions of Section 10.46.040 shall have committed a civil infraction and be subject to a C-17 penalty as provided in Chapter 1.01.
D. Affirmative Defenses. The following constitute affirmative defenses to a violation of this chapter:
1. When persons or organizations managing a bicycle event see a child ceasing to wear an approved bicycle helmet instructed said child to discontinue their participation in the bicycle event;
2. Any sales under Sections 10.46.040 and 10.46.050 do not apply to isolated sales of used merchandise made by an individual who was not engaged in the business of selling or repairing recreational equipment; and
3. When a guardian requires a child to wear an approved bicycle helmet while riding a bicycle and the child violates this section while being outside the guardian’s presence. (Ord 14-444 §1 (Ex A))
10.46.080 Enforcement.
A. The Quincy Police Department shall be responsible for enforcement of the provisions of this chapter.
B. In addition to making contact with persons with whom they have probable cause to believe are violating this chapter, law enforcement officers may at their discretion:
1. Enter, during business hours, the premises of a business selling or renting bicycles, sporting, or recreation equipment to determine compliance with Section 10.46.050.
2. Post outside the premises of a business selling or renting bicycles, sporting, or recreation equipment a list of helmets that do not meet the safety standards of this chapter so that the public is informed.
3. Inquire of and obtain from any person or organization managing a bicycle event which will take place in whole or in part on any public area of any promotional brochures and on registration materials to ensure they comply with the requirements of Section 10.46.040(B). (Ord 14-444 §1 (Ex A))