Article II. Miscellaneous Provisions

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, lease, or loan – Bicycle helmet required.

10.30.060    Helmet sales or rentals – 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 who will or should be especially protected or benefited by the terms of this chapter.

(3) 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, 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 implementation or enforcement of this chapter shall be discretionary 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. (Ord. 1953 § 1, 2004).

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, or publicly owned property within the city of Port Orchard.

(5) “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 propelled by the user 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 user 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 a person. (Ord. 1953 § 1, 2004).

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) of this section, 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 a child 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 transported 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. (Ord. 1953 § 1, 2004).

10.30.040 Bicycle races and events – 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. (Ord. 1953 § 1, 2004).

10.30.050 Bicycle, roller skates, scooter or skateboard rental, lease, or loan – Bicycle helmet required.

(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 Port Orchard 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 scooters, 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. (Ord. 1953 § 1, 2004).

10.30.060 Helmet sales or rentals – Safety standards.

No person shall sell, offer for sale, rent, or otherwise provide in conjunction 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. (Ord. 1953 § 1, 2004).

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. (Ord. 1953 § 1, 2004).

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 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. (Ord. 1953 § 1, 2004).