7-2 HELMET USE; BICYCLES, SKATEBOARDS, SCOOTERS

CHAPTER 2
HELMET USE; BICYCLES, SKATEBOARDS, SCOOTERS

SECTION:

7-2-1: Definitions

7-2-2: Approved Protective Helmet Required

7-2-3: Parental Responsibility

7-2-4: Helmet Sales; Safety Standards

7-2-5: Penalties

7-2-1 DEFINITIONS:

As used herein, the following terms shall have the meanings indicated below:


APPROVED PROTECTIVE HELMETS:	A head covering that meets or exceeds safety standards adopted by the American National Standards Institute (ANSI) standard Z-90.4, or the Snell Foundation (Snell), or such subsequent nationally recognized standard for bicycle helmet performance as the city council may adopt.
BICYCLE:	Every device propelled solely by human power upon which a person or persons may ride, having two (2) tandem wheels, either of which is sixteen inches (16") or more in diameter, or three (3) wheels, any one of which is more than twenty inches (20") in diameter¹. Within this chapter, the term "bicycle" shall include a bicycle with training wheels, or any attached trailer, side car, and/or other device designed to be, and being, towed by a bicycle.
PUBLIC AREA:	Public rights of way, streets, roads, alleys, bicycle paths, parks, publicly owned facilities, or privately owned property open to the public as invitees or for recreational use.
ROLLERBLADES OR ROLLERSKATES:	A skate, with at least four (4) wheels, for skating on surfaces other than ice.
SCOOTER:	A narrow board or metal platform mounted between two (2) tandem wheels, with an upright steering handle attached to the front wheel.
SKATEBOARD:	A short, narrow board to which rollerskate wheels are attached. (Ord. 609, 3-26-2001)

RCW 46.04.071.

7-2-2 APPROVED PROTECTIVE HELMET REQUIRED:

A. Riding Bicycles, Skateboards, Scooters: Any person under eighteen (18) years of age bicycling, skateboarding, rollerblading, rollerskating, riding a scooter or riding as a bicycle passenger on or in tow of a bicycle upon any public area in the city shall wear an approved protective helmet which must be equipped with a neck or chin strap which shall be fastened securely while the bicycle, skateboard, scooter, rollerblade or rollerskates are in motion.

B. Transporting Persons: No person under eighteen (18) years of age shall transport another person on or in tow of a bicycle upon any public area in the city, unless the passenger, under eighteen (18) years of age, is wearing a securely fastened approved protective helmet.

C. Bicycle Races And Events:

1. Any person managing a bicycle race, an organized event involving bicycling, or a bicycle tour in the public area of the city shall require that all participants under eighteen (18) years of age on or in tow of bicycles wear approved protective helmets.

2. The person managing any such event shall include notice of the approved protective helmet requirement in any promotional brochures and on registration materials.

D. Bicycle Leasing Or Lending:

1. Any person engaging in the business of renting or loaning any bicycle, skateboard, scooter, rollerblades or rollerskates for use in any public area in the city shall supply the persons, under eighteen (18) years of age, renting or using such bicycles, scooters, skateboards, rollerblades or rollerskates with approved protective helmets unless the renters and passengers possess approved protective helmets of their own and offer proof thereof.

2. Any rental papers, including contracts, agreements or receipts must provide notice to the person under eighteen (18) years of age renting the bicycle, skateboard, scooter, rollerblades or rollerskates of the approved protective helmet requirements of this chapter. (Ord. 609, 3-26-2001)

7-2-3 PARENTAL RESPONSIBILITY:

A parent or guardian is responsible for requiring that a child under the age of eighteen (18) years wear an approved protective helmet while bicycling, skateboarding, rollerblading, rollerskating, riding a scooter or riding as a passenger on a bicycle in any public area in the city. The parent of any child and the guardian of any ward shall not authorize or knowingly permit any such child or ward to violate any of the provisions of this chapter. (Ord. 609, 3-26-2001)

7-2-4 HELMET SALES; SAFETY STANDARDS:

A. Meeting Certain Standards: No person shall sell or offer for sale a protective helmet that does not meet or exceed the safety standards set by the American National Standards Institute (ANSI) standard Z-90.4, or the Snell Foundation, or such subsequent nationally recognized standard for bicycle helmet performance as the city council may adopt.

B. Exception: It is a defense 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. 609, 3-26-2001)

7-2-5 PENALTIES:

A. Infraction: Any person violating any of the provisions of this chapter commits a traffic infraction and shall be liable for a monetary penalty of one hundred one dollars ($101.00) for each infraction. (Ord. 609, 3-26-2001; amd. 2006 Code)

B. Waive, Reduce Or Suspend Penalty: The court may waive, reduce or suspend the penalty, or require community service or bicycle or skating training, and clear the notice of violation as a warning for an individual who has not received a prior notice of violation of this chapter, and provides proof that he or she has acquired an approved protective helmet at the time of appearance in court.