Chapter 10.54
BICYCLE HELMETS
Sections:
10.54.020 Authority and purpose.
10.54.060 Bicycle not powered by motor.
10.54.070 General requirements regarding bicycle helmets.
10.54.010 Citation.
This title may be cited and referred to, and shall be known as, the “city of Pacific helmet regulations.” (Ord. 1582, 2004).
10.54.020 Authority and purpose.
A. This title is enacted as an exercise of the authority of the city of Pacific city council 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 title 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 title.
C. It is the specific intent of this title to place the obligation of complying with its requirements upon any person falling within its scope, and no provision of, nor term used in, this title is intended to impose any duty whatsoever upon Pacific or any of its officers or employees, for whom the implementation or enforcement of this title shall be discretionary and not mandatory.
D. Nothing contained in this title 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 Pacific, or its officers, employees or agents, for any injury or damage resulting from the failure of any person to comply with this title. (Ord. 1582, 2004).
10.54.030 Severability.
The provisions of this chapter are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portions of this chapter, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of this chapter or the validity of its application to other persons or circumstances. (Ord. 1582, 2004).
10.54.040 Definitions.
The definitions in PMC 10.54.050 and 10.54.060 are adopted for this chapter. (Ord. 1582, 2004).
10.54.050 Guardian.
“Guardian” means a parent, legal guardian or temporary guardian who maintains responsibility, whether voluntary or otherwise, for the safety and welfare of a person under the age of 18 years. (Ord. 1582, 2004).
10.54.060 Bicycle not powered by motor.
“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 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, side cars, and/or devices being towed by a bicycle. (Ord. 1582, 2004).
10.54.070 General requirements regarding bicycle helmets.
A. Any person operating or riding on a bicycle not powered by motor on a public roadway, bicycle path or on any right-of-way or publicly owned facilities located in the city of Pacific shall wear a protective helmet designed for bicycle safety. Such helmet shall meet or exceed the safety standards adopted by the U.S. Consumer Products Safety Commission (CPSC) 15 USCS 6004, or Z-90.4 set by the American National Standards Institute (ANSI), the Snell Foundation, the ASTM (American Society for Testing and Materials), or such subsequent nationally recognized standard for bicycle helmet performance as the city may adopt. The helmet must be equipped with either a neck or chin strap that shall be fastened securely while the bicycle is in motion.
B. 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 not powered by motor on a public roadway, bicycle path or on any right-of-way or publicly owned facilities located in the city of Pacific, unless that person is wearing a helmet that meets the requirements of subsection A of this section.
C. No person shall transport another person upon a bicycle not powered by motor on a public roadway, bicycle path or on any right-of-way or publicly owned facilities located in the city of Pacific, unless that other person is wearing a helmet that meets the requirements of subsection A of this section.
D. No person shall sell or offer for sale a bicycle helmet that does not meet the requirements of subsection A of this section.
E. No person shall rent a bicycle not powered by motor for use to another person unless the renter possesses a helmet that meets the requirements of subsection A of this section. (Ord. 1582, 2004).
10.54.080 Enforcement.
A. A violation of this regulation is designated a civil infraction, to which the provisions of Chapter 7.80 RCW shall apply, except as set forth hereafter.
B. 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.
C. Any person found to have committed a violation of this regulation shall be assessed a monetary penalty of $25.00 for each such violation, not including applicable court costs.
D. Whenever a court under this regulation imposes a monetary penalty, 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.
E. The court may waive, reduce or suspend the monetary penalty prescribed herein, and may impose such conditions on any waiver, reduction or suspension as it deems just. If the court determines that a person has insufficient funds to pay the monetary penalty, the court may order performance of a number of hours of community service in lieu of a monetary penalty, at the rate of the then state minimum wage per hour.
F. 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 the notice of infraction and the appearance date in court the person purchased a helmet that meets the requirements of this regulation, the court shall dismiss the notice of infraction without costs. Alternatively, the person issued a notice of infraction may supply the court or police department with such proof by mail, and the court, at its discretion, may elect to dismiss the notice of infraction without costs, or, if not satisfied with this proof, may require a personal appearance. (Ord. 1582, 2004).