Chapter 8.15
HELMET REQUIRED
Sections:
8.15.060 Helmet sales – Safety standards.
8.15.070 Penalties – Civil nontraffic violations.
8.15.090 Information and education.
8.15.010 Purpose.
A. This chapter is enacted as an exercise of the authority of the City of Maple Valley to protect and preserve the public health and welfare. Its provisions shall be liberally construed for the accomplishment of these purposes.
B. It is the express purpose of this chapter to provide for and to promote the health 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.
C. It is the specific intent of this chapter to place the obligation of complying with its requirements upon any person falling within this scope, and no provision of, nor term used, in this chapter is intended to impose any duty whatsoever upon the City of Maple Valley, its officers, employees, or agents, for whom the implementation or enforcement of this chapter shall be discretionary and not mandatory.
D. Nothing contained in this chapter is intended to be, nor shall be, construed to create or to form the basis for a liability on the part of the City of Maple Valley, its officers, employees, or agents, for any injury or damage resulting from the failure of any person subject to this chapter 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 on the part of the City of Maple Valley by its officers, employees, or agents. (Ord. O-03-221 § 1).
8.15.020 Definitions.
As used in this chapter, the following terms shall have the meanings indicated, unless every context clearly requires otherwise:
A. "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 16 inches or more in diameter, or three wheels, any one of which is more than 20 inches in diameter (RCW 46.04.071). Within this chapter, the term "bicycle" shall include any attached trailers, sidecars, and/or other device being towed by a bicycle.
B. "Guardian" means a parent, legal guardian, an 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.
C. "Helmet" means a head covering that meets or exceeds safety standards of the Consumer Product Safety Commission, 15 USCS Section 6004, or the Snell Foundation, or such subsequent nationally recognized standard for bicycle, skateboard, roller skate or roller blade, or scooter helmet performance as the City Council may adopt.
D. "Public area" means public roadways, bicycle paths, parks, or any right-of-way or publicly owned facility under the jurisdiction of the City of Maple Valley.
E. "Roller skates" or "roller blades" means a pair of shoes or boots mounted upon two sets of wheels, or mounted upon two 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.
F. "Scooter" means a footboard mounted upon two or more wheels, controlled by an upright steering handle, and is most often propelled by the user usually in an upright position or kneeling.
G. "Skateboard" means a board of any material with wheels affixed to the underside, which is designed to be ridden by a person.
H. "Private parking lot" means all parking lot(s) and sidewalks in areas zoned Business Park, Business Park w/conditions, Multiple Use, Office, Office w/conditions, Community Business, Neighborhood Business, Public/ Open Space, R-8, R-12, R-18 and R-24.
I. "Publicly accessible driveways" means access roads, alleyways, and areas used by the public to access nonresidential areas zoned Business Park, Business Park w/conditions, Multiple Use, Office, Office w/conditions, Community Business, Neighborhood Business, Public/Open Space, R-8, R-12, R-18 and R-24. (Ord. O-03-221 § 1).
8.15.030 Helmet required.
A. Any person bicycling, skateboarding, roller skating or roller blading, or riding upon a scooter, or riding as a bicycle passenger on or in tow of a bicycle, skateboard, roller skater or roller blader, or scooter, upon any public area, private parking lot, or publicly accessible driveway in the City of Maple Valley shall wear an approved helmet designed for safety. Such helmet shall meet or exceed the requirements of Standard Z-90.4 set by the American National Standards Institute (ANSI) or the Snell Foundation, or such subsequent nationally recognized standard for bicycle helmet performance as the City of Maple Valley may adopt. The helmet shall have either the neck or chin strap fastened securely while the bicycle, skateboard, roller skates or roller blades, or scooter is in motion.
B. No person shall transport another person on or in tow of a bicycle, skateboard, roller skates or roller blades, or scooter upon any public area, private parking lot, or publicly accessible driveway in the jurisdiction of the City of Maple Valley, unless the passenger is wearing a helmet that meets the requirements of this chapter.
C. A parent or guardian is responsible for requiring that a child under the age of 18 years wear an approved helmet and has the neck or chin strap of the helmet fastened securely while bicycling, skateboarding, roller skating or roller blading, or riding a scooter, or riding as a passenger on a bicycle, skateboard, roller skates or roller blades, or scooter, in any public area, private parking lot, or publicly accessible driveway in the City of Maple Valley. (Ord. O-03-221 § 1).
8.15.040 Bicycle, skateboard, roller skate, roller blade, and scooter races and events – Helmet required.
A. Any person managing a bicycle, skateboard, roller skate, roller blade, or scooter race, or an organized event involving bicycling, skateboarding, roller skating, roller blading, riding a scooter, or a bicycle tour in public areas, private parking lot, or publicly accessible driveway areas in the City of Maple Valley shall require that all participants on or in tow of bicycles, skateboards, roller skates, roller blades, or scooters wear approved helmets.
B. The person managing any such event shall include the helmet requirement in any promotional brochures and on registration materials. (Ord. O-03-221 § 1).
8.15.050 Bicycle, skateboard, roller skate, roller blade, and scooter leasing or loan – Helmet required.
A. Any person engaging in the business of renting or loaning (e.g., a test drive) any bicycle, skateboard, roller skates, roller blades, or scooter for use in any public place or nonresidential private area in the City of Maple Valley shall supply the person(s) leasing or using bicycles, skateboards, roller skates, roller blades, or scooters with approved helmets as defined herein, along with the bicycles, skateboards, roller skates, roller blades, or scooter, unless the bicycle, skateboard, roller skates, roller blades, or scooter rider(s) and passenger(s) possess approved helmets of their own, and offer proof thereof, for use with the bicycle, skateboard, roller skates, roller blades, or scooter.
B. The rental papers (contract, agreement, or receipt) must advise the person renting the bicycle, skateboard, roller skates, roller blades, or scooter of the helmet requirements of this chapter.
C. 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, roller blades, or scooter by a person engaged in the business of renting bicycles, skateboards, roller skates, roller blades, or scooters, and that the helmet was fastened securely while bicycling, skateboarding, roller skating, roller blading, or riding a scooter. (Ord. O-03-221 § 1).
8.15.060 Helmet sales – Safety standards.
A. No person shall sell or offer for sale a helmet that does not meet or exceed the safety standards of the Consumer Product Safety Commission, 15 USCS Section 6004, or the Snell Foundation, or such subsequent nationally recognized standard for helmet performance as the City of Maple Valley may adopt.
B. 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. O-03-221 § 1).
8.15.070 Penalties – Civil nontraffic violations.
A. Any person, including a parent or guardian, violating any of the provisions of this chapter shall have committed a civil nontraffic violation and shall be liable for a monetary penalty not to exceed $30.00.
B. The court may waive, reduce, or suspend the penalty and clear the notice of violation as a warning for an individual who has not received a notice of violation of this chapter within one year, and provides proof that he or she has acquired an approved helmet at the time of appearance in court.
C. Each child under 18 years of age not meeting the requirements of this chapter shall represent a separate violation.
D. Each rental and each event under this chapter shall be a separate violation. (Ord. O-03-221 § 1).
8.15.080 Enforcement.
A. The City of Maple Valley Police Department shall be responsible for enforcing the provisions of this chapter.
B. For the purpose of this chapter, law enforcement officers may, at their discretion:
1. Enter, during business hours, the premises of a business selling, repairing, or renting bicycles, skateboards, roller skates, roller blades, or scooters, or selling sporting or recreation equipment to determine compliance with this chapter; and/or
2. Post notice outside the premises of the business that offers for sale, rent, or other public use, bicycle, skateboard, roller skate, roller blade, or scooter helmets that do not meet the safety standards of this chapter, so that the public is informed; and/or
3. Stop a bicycle, skateboard, roller skate, roller blade, and scooter race; an organized event involving bicycling, skateboarding, roller skating, roller blading, riding a scooter; or a bicycle tour that takes place in a public area or private parking lot or publicly accessible driveway in the City of Maple Valley when there is conspicuous disregard for the requirements of this chapter, involving multiple infractions. (Ord. O-03-221 § 1).
8.15.090 Information and education.
A. Information on the need for bicycle, skateboard, roller skate, roller blade, and scooter helmets; safe helmet use; safe bicycle, skateboard, roller skate, roller blade, and scooter operation; and existing bicycle, skateboard, roller skate, roller blade, and scooter safety programs shall be available at or provided by the City of Maple Valley Police Department.
B. The City of Maple Valley encourages any person engaging in the business of selling bicycles, skateboards, roller skates, roller blades, and scooters to include information on bicycle, skateboard, roller skates, roller blades, and scooter safety and the helmet requirements of this chapter with each bicycle, skateboard, roller skate, roller blade, and scooter sold.
C. The City of Maple Valley encourages any person engaging in the business of selling bicycle, skateboard, roller skate, roller blade, and scooter helmets to include information on safe helmet usage with each helmet sold. (Ord. O-03-221 § 1).