Chapter 10.14
BICYCLE HELMETS
Sections:
10.14.010 Purpose.
The city council is concerned about the safety of its bicycle-riding citizens on public rights-of-way and, pursuant to RCW 35.75.010, the city may by ordinance regulate the riding of bicycles upon streets, alleys, highways or other public grounds within the city limits. The city council also finds that, in order to protect and preserve the public health, welfare and safety of the residents of the city, it is necessary and appropriate to establish programs for public education to promote the use of bicycle helmets and to require bicycle riders to wear protective helmets. (Ord. 95-26 § 1 (part), 1995)
10.14.020 Definitions.
The following definitions are adopted for this chapter:
A. “Bicycle” means every device having two tandem wheels propelled solely by human power upon which a person or persons may ride.
B. “Guardian” means a parent, legal guardian or temporary guardian who maintains responsibility, whether voluntary or otherwise, for the safety and welfare of a person up to eighteen years of age. (Ord. 95-26 § 1 (part), 1995)
10.14.030 Regulations.
Beginning January 1, 1996, it is unlawful:
A. For a person up to eighteen years of age to operate or ride upon a bicycle on a public roadway, bicycle path or any right-of-way under the jurisdiction and control of the city unless wearing a protective helmet. The helmet must be of a type certified to meet the requirements set by the American National Standards Institute, the Snell Memorial Foundation, ASTM or such subsequent nationally recognized standard for bicycle helmet performance as the State Patrol may adopt by rule. The helmet must be equipped with either a neck or chin strap which shall be fastened securely while the cycle is in motion;
B. For a person to transport a person up to eighteen years of age upon, in a restraining seat that is attached to, or in a trailer towed by a bicycle on a public roadway, bicycle path or any right-of-way under the jurisdiction and control of the city unless the person transported is wearing a helmet that meets the requirements in subsection A of this section;
C. For the guardian of a person up to eighteen years of age to knowingly allow the person to operate or ride upon a bicycle on a public roadway, bicycle path or any right-of-way under the jurisdiction and control of the city unless that person is wearing a helmet that meets the requirements in subsection A of this section;
D. For a person to sell or offer for sale a bicycle helmet that does not meet the requirements established in subsection A of this section;
E. For a person to rent a bicycle for use by a person unless the person possesses a helmet that meets the requirements in subsection A of this section. (Ord. 95-26 § 1 (part), 1995)
10.14.100 Enforcement.
A. Any duly commissioned police officer of the Poulsbo police department is authorized to enforce this chapter.
B. The enforcement or compliance with this chapter, or lack of enforcement or compliance, by the city, its officials, employees and agents, under this chapter, shall in no way be interpreted to create any duty to do so, or to waive or accept any liability, whatsoever, should a person fail to wear a safety helmet and be injured while operating a bicycle and/or recreational equipment within the city. (Ord. 2007-40 § 31, 2007)
10.14.110 Penalty.
A. Every person convicted of a violation of any provision of this chapter shall be subject to a monetary penalty in the amount of one hundred twenty-four dollars. Each act in violation of any of the provisions hereof shall be deemed a separate traffic infraction offense. A monetary penalty of fifty-two dollars shall also be imposed for failure to respond to the notice of infraction relating to bicycle safety and helmets.
B. If the individual has not received a notice of violation for failure to wear a bicycle helmet within one year of the date of the violation and provides proof that he or she has acquired an approved bicycle helmet at the time of the court appearance, the fine may be reduced or waived and the notice cleared as a warning.
C. Each child under age eighteen not meeting the requirements of Section 10.14.030 shall represent a separate violation. (Ord. 2007-40 § 32, 2007)