Chapter 10.46
BICYCLE HELMETS
Sections:
10.46.020 Minors – Guardian’s responsibility.
10.46.060 Violation – Infraction.
10.46.080 Violation – Penalty.
10.46.100 Penalty – Waiver, reduction or suspension.
10.46.110 Infraction – Dismissal following helmet purchase.
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 helmet designed 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).