HomeMy WebLinkAbout2906 Providing Helmet Requirements for Bicycles and Recreational Vehicles at City Skate Park
Ordinance No. 2906
AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING
THE PORT TOWNSEND MUNICIPAL CODE, CHAPTER 10.32,
B1CYCLES, AND PROV1D1NG HELMET REQU1REMENTS FOR
B1CYCLES AND "RECREATIONAL VEHlCLES"
WHEREAS, the Council determines it appropriate to amend Chapter 10.32
BICYCLES.
NOW, THEREFORE, the City Council of the City of Port Townsend ordains
as follows:
SECTION 1. Amendment. Chapter 10.32, BICYCLES of the Port Townsend
Municipal Code is hereby amended to read as follows (strike is deleted and underline is
added):
Chapter 10.32 BICYCLES AND HELMET REQUIREMENTS FOR BICYCLES
AND "RECREATIONAL VEIDCLES"
Sections:
10.32.010 Defmition.
1Q.32.020 Lieonoe Re~aireEl Tag.
10.32.030 License - Issaance - Fee - Term.
10.32.040 License - Transfer.
10.32.050 State statates adopted.
10.32.060 Operation on certain sidewalks prohibited.
10.32.070 Abetting violations prohibited.
10.32.080 License - Alteration or destruction prohibited.
10.32.090 Impoundment of abandoned, unlicensed or violating bicycles.
10.32.100 Possession by other than licensed possessor.
10.32.110 Police department duties.
10.32.120 Collected moneys disposition.
10.32.130 Helmet Reouired
10.32.140 Penaltv and Enforcement
10.32.150 Pumose and Policv
10.32.010 Defmition.
A "bicycle" is defined as any two-wheeled vehicle, or any unicycle or tricycle, propelled
by pedals, rnnillg a wheel diameter af mere than 16 illehesand not required to be licensed
as a motor vehicle under the laws ofthe state.
"Helmet" means a head covering that meets or exceeds safety standards adopted by
Standard 2-90.4 set by the American National Standards Institute (ANSD. or the Snell
Foundation. or standards adopted by the United States Consumer Product Safety
Commission (CPSC). or such subsequent nationally recognized standard for bicycle
helmet performance as the State of Washington may adopt.
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Ordinance 2906
"Recreational vehicle" means non-motorized skateboards. roller skates. roller blades.
scooters and hoofed conveyances.
"Public area" means public roadways. bicycle paths. parks. or any right-of-way. or
publicly owned property within the City of Port Townsend.
(Ord. 1784 S 1, 1977; Ord. 1731 S 1, 1975).
10.32.020 Lieense Required Tag.
It is lIfllawful t8 8perate any bic)'€le ell any pHillic right ef Y,'ay 8r ill a public area witheHt
first sbtaillillg from the chief sf police a bicycle licellse as hereillafter previded, 'N-hich
license sllallbe evidenced by a tag at all times displayed ell the bicycle, and "chich tag
shall be affixed ts the sicy€le sy the chief of p8lice at the time the licellse is 8stailled.
(Ord. 1731 ~ 2, 1975).
10.32.030 License - Issuance - Fee - Term.
The chief of police is authorized and directed to issue, upon written application, bicycle
licenses which shall be effective when issued and remain good until further amendment
or repeal of the ordinance codified in this chapter. The fee for such license shall be the
sum of$-hOO-5.00, which shall be paid at the time of the issuance of the license. A license
may be issued for an indiyidual or the individual's family. (Ord. 1784 S 2,1977; Ord.
1731 S 3, 1975).
10.32.040 License - Transfer.
Bicycle licenses shall be transferable upon application made to the chief of police, and
upon payment of a transfer fee of $~2.50 (Ord. 1731 S 4, 1975).
10.32.050 State statutes adopted.
Bicycles shall be operated on public rights-of-way in compliance with the rules of the
road as set forth in RCW 46.61.750 through 46.61.780, which state statutes are by this
reference incorporated in this section and made a part of this section, the same as though
fully set out in this section. (Ord. 1731 S 5, 1975).
10.32.060 Operation on certain sidewalks prohibited.
It is unlawful, except as provided in this section, to ride any bicycle upon sidewalks along
Water Street extending from Momoe Street to Harrison Street; on Washington Street
extending from Momoe Street to Taylor Street; on Taylor Street extending from
Washington Street to Front Street; on Adams Street extending from Washington Street to
Water Street; on Quincy Street extending from Water Street to Washington Street; on
Lawrence Street extending from Taylor Street to Harrisen Street; and on 12th Street
extending from Landes Street to Haines Street, including the transit passenger waiting
area. Uniformed and plainclothes bicycle patrol officers, while conducting official police
business, are exempted from the provisions of this section. (Ord. 2614 S 1, 1997; Ord.
2361 S I, 1993; Ord. 1731 S 6,1975).
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Ordinance 2906
10.32.070 Abetting violations prohibited.
It is unlawful for any parent or guardian to authorize or abet the violation of this chapter,
or for any adult to counsel, advise or direct a minor child to violate this chapter. (Ord.
1731 S 7,1975).
10.32.080 License - Alteration or destruction prohibited.
It is unlawful to remove, deface, alter, mutilate or destroy any bicycle license attached to
a bicycle, or which has been attached to a bicycle. (Ord. 1731 S 8, 1975).
10.32.090 Impoundment of abandoned, unIieensed or violating bicycles.
Any bicycle found abandoned, unlicensed or operated in violation of the provisions of
this chapter or of state laws sflaIl---may be impounded by the police department, if the
officer determines there is a threat to public safety. and there are no reasonable
alternatives to impoundment. The bicyclist will be giyen written notice of when and
where the impounded bicycle may be reclaimed. The bicycle shall be released to an
individual who can establish ownership of the bicycle. No fee shall be charged. If the
bicycle is not reclaimed within 30 days. it will be subiect to sale or disposal consistent
with City procedures. and shall be returnable eilly upen erder of the justiee diGtriet
eoort, er other wart having jurisdiction. (Ord. 1731 S 9, 1975).
10.32.100 Possession by other than licensed possessor.
Possession of a bicycle not licensed to the possessor thereof shall constitute prima facie
evidence of wrongful possession of the bicycle. (Ord. 1731 9 10, 1975).
10.32.110 Police department duties.
The police department shall provide forms for applications, transfers and other
transactions under the terms of this chapter, shall keep a record oflicenses issued, to
whom issued, description of bicycle, license numbers, identifying numbers, and such
other records as may be useful in the enforcement of this chapter. (Ord. 1731 S 11, 1975).
10.32.120 Collected moneys disposition.
All funds collected under this chapter shall be remitted to the current expense fund. (Ord.
1731 S 12, 1975).
10.32.130 Helmet required.
A. Any person who operates or rides a bicycle or recreational vehicle or horse in or upon
any public area shall wear a helmet. The helmet shall have either the neck- or chin-strap
fastened securely while the bicycle or recreational vehicle is in motion.
B. No person shall tow or transport a person on a bicycle or recreational vehicle in or
upon any public area, unless the person is wearing a helmet.
C. A parent or guardian shall be responsible for requiring that a child under the age of 18
years wears a helmet. the neck- or chin-strap of which must be fastened securely. while
that child is on a bicycle or recreational vehicle in motion. in any public area in the city.
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Ordinance 2906
D. A rider is exempted from the requirements of this chapter if the rider has in his or her
possession a letter or memo signed by a medical doctor licensed in the state of
Washington indicating that the use of any helmet is harmful to the health or safety of the
rider.
10.32.140 Penalty and Enforcement.
A. A violation of this chapter is a traffic infraction and shall be processed and
administered according to the procedures set forth in Chapter 46.64 RCW. and applicable
court rules. The penalty for any infraction established under this chapter shall be as
follows:
I. The penalty as provided in the monetary penalty schedule for infractions
adopted by the Supreme Court. as amended. which is adopted by reference as
if fully set forth herein
2. For any unscheduled infraction. the penalty is $10.00 for the first violation.
The penalty for a second violation of this chapter within a one-year period
shall be $25.00. The penalty for a third violation ofthis chapter within a one-
year period shall be $50.00.
The penalties may be reduced. suspended or deferred in the discretion of the court. For a
helmet violation. the court may waive. reduce or suspend the penalty and dismiss the
notice of violation as a waming for an individual who has not received a notice of
violation of this chapter within one year after the first court appearance for a violation.
and provides proof that he or she has acquired a helmet. or attended a traffic safety class
approved by the court or police department.
In order to educate the public concerning the helmet provisions of this chapter. during
the first eighteen months following the effective date of this chapter. a person violating
the helmet requirements of this chaPter will not be subiect to a civil infraction monetary
penaltythellg'h a written warning of the '/ielatien may Be isslled. Following the first
eighteen monthsfirst year from the effective date of this chapter. or alP/time following' a
written warmnga yiolator of the helmet provisions may be issued a regular notice of
ciyil infraction for a violation of the helmet requirements of this chapter, EXCEPT, the
helmet requirements in this chapter are effective immediately for any person who
operates or rides a bicycle or recreations vehicle in or upon the City skate park.
A separate violation exists if. after a person is issued a citation. a person continues.
renews. resumes. or commits a violation of this chapter. notwithstanding the second
violation is within the same day.
Any person charged with a violation under the provisions of this chapter shall respond to
the traffic citation in the manner set forth in Chapter 46.64 RCW. which is adopted by
reference for the city. A notice of infraction may be issued by the chief of police or the
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Ordinance 2906
chief's appointed officers or by a specially commissioned pelice officer. "Law
enforcement officer" in this chapter includes any specially commissioned police officer.
The court shall send written notice to the parent or guardian of any person under the age
of 18 involved in a traffic infraction under this chapter.
10.32.150. Purpose and PoIicv.
A. It is the express purpose ofthis chapter to provide for and to promote the health.
safety. 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.
B. Nothing contained in this chapter is intended to be. or shall be. construed to create a
duty to enforce this chapter or to form the basis for liability on the part of the City of Port
Townsend or its officers. employees, or agents. for any iniury or damage resulting from
the failure of any person to comply with this chapter. No provision of this chapter is
intended to impose any duty upon the city or any of its officers or employees. which
would subiect them to damage in a civil action.
SECTION 2. Seyerability. If any proYision of this ordinance or its application to any
person or circumstance is held invalid, the remainder of the ordinance, or the
application of the provision to other persons or circumstances is not affected.
This ordinance shall take effect and be in force five days after the date of its
publication in the manner provided by law. provided. the helmet requirements in
Section 10.32.130 are effective immediately for any person who operates or rides a
bicycle or recreation vehicle in or upon the City skate park.
Adopted by the City Council of the City of Port Townsend, Washington, at a
regular meeting thereof, held this fifth day of December 2005.
(!4-'i4 ~. 4. ~ [,',. L.
Catharine Robinson, Mayor
~
Attest:
Approved as to Form:
D~ cj>(~~L .
Pamela Kolacy, CMC, C~O
~~~
John . Watts, City Attorney
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OrdinaJlCe 2906