HomeMy WebLinkAbout2922 Delaying Helmet Requirements for Bicycles and Recreational Vehicles at City Skate Park
Ordinance No. 2922
AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING
ORDINANCE 2906 AND THE PORT TOWNSEND MUNICIPAL CODE,
CHAPTER 10.32, BICYCLES, DELAYING THE EFFECTIVE DATE FOR
HELMET REQUIREMENTS FOR BICYCLES AND "RECREATIONAL
VEHICLES" AT THE CITY SKATE PARK
WHEREAS, the Council adopted Ordinance 2906 (December 5, 2005). Ordinance
2906 mandates helmet use for persons operation or using bicycles, skateboards, and other
defined recreational vehicles. The Ordinance delayed the effective date of the helmet
requirements for 18 months to allow public education program, except, the helmet
requirement is effective immediately for any person who operates or rides a bicycle or
recreation vehicle in or upon the City Skate Park.
WHEREAS, in light of the imminent opening of the Skate Park, and impact on
police to enforce helmet law at park, and in light of possible Council action to repeal the
mandatory helmet requirements, the Council determines it appropriate to amend Ordinance
2906 as set forth in this Ordinance, namely, to provide the same delay in effective date for
helmet requirements for the skate park as exist for areas other than the skate park.
NOW, THEREFORE, the City Council of the City of Port Townsend ordains as
follows:
SECTION 1. Amendment of Effective Date Provision of Ordinance 2906.
That portion of Ordinance 2906 which reads as follows is amended as set forth (strike is
deleted, underlined is added):
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 of this chapter within a one-year period
shall be $50.00.
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Ordinance 2922
The penalties may be reduced, suspended or deferred at 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 warning 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 subject to a civil infraction monetary
penalty. Following the first eighteen months from the effective date of this chapter, a
violator of the hehnet provisions may be issued a regular notice of civil infraction for a
violation of the helmet requirements of this chapter, EXCEPT, the hclrnet requirements
in this chapter are effective immediately for any person who oflerates or ridcs a bicycle
or r-ecreatioBllI vehicle in or npon 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
chief s appointed officers or by a specially commissioned police 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.
SECTION 2. Amendment. The effective date provision of Ordinance 2906 is
amended as follows (strike is deleted, underlined is added):
This ordinance shall take effect and be in force five days after the date of its
publication in the manner provided by law, provided, t-he in Sectien 10.32.130 are
effective immediately for any person 'lIBO operates or rides a bicycle or recreation
':ehicie in or \!flen the City skate paTk.
SECTION 3. Severability. If any provision 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 (2922) shall take effect and be in force five days after the date of its
publication in the manner provided by law.
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Ordinance 2922
Adopted by the City Council of the City of Port Townsend, Washington, at a
regular meeting thereof, held this <>20#' day of March 2006.
\M~
Mark We1c'h, Mayor "
Attest:
Approved as to Form:
,J '0.'.::;)
John P. Watts, City Attorney
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Ordinance 2922