Chapter 10.30
BICYCLE HELMETS
Sections:
10.30.020 Purpose and policy declared.
10.30.050 Bicycle helmet required.
10.30.060 Sale of bicycle helmets.
10.30.010 Title.
This chapter may be cited and referred to, and shall be known as the city of Snoqualmie Bicycle Helmet Regulations. (Ord. 766 § 1, 1996).
10.30.020 Purpose and policy declared.
A. This chapter is enacted to protect and preserve the public health, safety and welfare. Its provisions shall be liberally construed for the accomplishment of this purpose.
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 designate any class or group of persons who will or should be especially protected or benefited hereby.
C. It is the intent of this chapter to place the obligation of compliance upon any person falling within its scope, and no provision of, nor term used in, this chapter is intended to impose any duty whatsoever upon the city of Snoqualmie or its police officers or other employees.
D. Nothing contained in this chapter shall be construed to create or to form the basis for a liability on the part of the city of Snoqualmie, or its officers, employees or agents, for any injury or damage resulting from the failure of any person to comply with this chapter. (Ord. 766 § 1, 1996).
10.30.030 Findings.
A. The city of Snoqualmie supports and encourages bicycling as a safe, clean and healthy mode of transportation and recreation.
B. Head injuries are a major cause of death or disability associated with the operation of a bicycle on public rights-of-way.
C. The use of bicycle helmets can significantly reduce the risk of head injuries suffered while riding a bicycle.
D. It would promote the public health, safety and welfare to adopt regulations relating to the use of bicycle helmets by persons riding bicycles on public rights-of-way. (Ord. 766 § 1, 1996).
10.30.040 Definitions.
As used in this chapter, the following words shall have the meaning indicated:
A. “Approved bicycle helmet” means a head covering that meets or exceeds safety standards adopted by Standard Z-90.4 set by the American National Standards Institute (ANSI) or Snell Foundation, or such subsequent nationally recognized standard for bicycle helmet performance as the city may approve, and bearing a label evidencing that the helmet meets such standard.
B. “Bicycle or cycle not powered by motor” means every vehicle propelled solely 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. The term shall also include any attached trailer, side car or other device being towed by a bicycle.
C. “Guardian” means a parent, legal guardian, an adult with custody, or temporary guardian, whether voluntary or otherwise, who maintains responsibility for the safety and welfare of a person under the age of 18.
D. “Public area” means public roadways, bicycle paths, parks or any rights-of-way or publicly owned facility under the jurisdiction of the city of Snoqualmie. (Ord. 766 § 1, 1996).
10.30.050 Bicycle helmet required.
A. Any person operating or riding as a passenger on or in tow of a bicycle upon any public area in the city of Snoqualmie shall wear an approved bicycle helmet, and shall have the neck or chin strap fastened securely.
B. No person shall transport another person on or in tow of a bicycle upon any public area, unless the passenger is wearing an approved bicycle helmet, and has the neck or chin strap fastened securely.
C. The guardian of any 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, unless that person is wearing an approved bicycle helmet, and has the neck or chin strap fastened securely.
D. Any person promoting, organizing or managing a bicycle race, an organized bicycling event or a tour in a public area shall require that each participant on or in tow of a bicycle wears an approved bicycle helmet, and has the neck or chin strap fastened securely, and shall include such requirement in promotional brochures and registration forms.
E. Any person renting a bicycle to another or allowing a person to ride a bicycle for the purpose of evaluation for purchase shall require such person to possess an approved bicycle helmet. (Ord. 766 § 1, 1996).
10.30.060 Sale of bicycle helmets.
No person shall sell a bicycle helmet unless it is an approved bicycle helmet; provided, this section shall not apply to the isolated sale of a bicycle helmet by a person not engaged in the business of selling merchandise from stock. (Ord. 766 § 1, 1996).
10.30.070 Enforcement.
A. A violation of any requirement of this chapter shall constitute a civil infraction. This chapter may be enforced by any duly commissioned law enforcement officer having law enforcement authority at the place where the violation occurs.
B. Any person found to have committed an infraction of this chapter shall be assessed a monetary penalty of $35.00 for each such violation, not including applicable court costs.
C. Wherever a monetary penalty is imposed by a court under this chapter, it is immediately payable. If the person is unable to pay at the time the penalty is imposed, the court may grant an extension of the period in which the penalty may be paid, or may allow the performance of a number of hours of community service in lieu of such penalty, at the rate of the prevailing state minimum hourly wage. The court may waive, reduce or suspend any penalty imposed under this chapter, as it may deem appropriate.
D. The first time a person has been issued a notice of infraction for violation of this chapter, if such person appears in person before the court and supplies the court with proof that between the date of the notice of infraction and the appearance date in court the person purchased an approved bicycle helmet, the court shall dismiss the notice of infraction without costs.
E. The police chief may establish reasonable guidelines for the enforcement of this chapter by the police department, relating to the circumstances in which warnings or notices of infraction will be issued, and shall make such guidelines publicly available. (Ord. 766 § 1, 1996).