ORDINANCE NO. C- 33452
An ordinance relating to helmet safety; and adding a new
chapter 10.17 to Title 10 of the Spokane Municipal Code and amending SMC
1.05.210.
The City of
Spokane does ordain:
Section 1. That there is
added a new chapter 10.17 to title 11 of the spokane municipal code to read as
follows:
10.17.010 Purpose
and Policy.
A. This
chapter is enacted as an exercise of the authority of the City of Spokane to
protect and preserve the public health, safety, 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,
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.
C. It is
the specific intent of this chapter to place the obligation of complying with
its requirements upon any person included within its scope, and no provision
of, or term used in, this chapter is intended to impose any duty whatsoever
upon the City of Spokane or any of its officers or employees 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 Spokane or 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
Spokane by its officers, employees or agents.
10.17.020 Definitions.
As used in this chapter, the
following terms shall have the meanings indicated, unless the context clearly
requires otherwise:
"Approved helmet" means a head covering
designed for safety that shall meet or exceed the requirements safety of
standards adopted by the U.S. Consumer Product Safety Commission (CPSC) 15 USCS
6004, or Z-00.4 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 helmet performance as the
city may adopt. The helmet must be
equipped with either a neck or chinstrap that shall be fastened securely while
the wheeled-vehicle is in motion.
"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 eleven inches or more in
diameter, or three wheels, any one of which is more than twenty inches in
diameter. Within this chapter, the term "bicycle" shall include any
attached trailers, side cars, and/or other device being towed by a bicycle.
"Electric-assisted
bicycle" means a bicycle with two or three wheels, a saddle, fully
operative pedals for human propulsion, and an electric motor.
"Electric personal
assistive mobility device" (EPAMD) means any device meeting the design
characteristics as defined in SMC section 16.04.168.
“Guardian" means a
parent, legal guardian, 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 sixteen years.
"In-line skates, roller
skate, and skate shoes" means every device which is attached to the rider
much like a pair of shoes or boots and which has two or more wheels attached
inline or next to each other beneath, and footwear which has internal or
external wheels incorporated as a part the footwear, which wheels are
incorporated either inline or next to each other on the bottom of the footwear.
“Motorized
Foot Scooter” means a device with no more than two ten-
inch or smaller diameter wheels that has handlebars, is designed to be stood or
sat upon by the operator, and is powered by an internal combustion engine or
electric motor that is capable of propelling the device with or without human
propulsion. For purposes of this
section, a motor-driven cycle, a moped, an electric- assisted bicycle, or a
motorcycle is not a motorized foot scooter.
"Public area"
means public roadways, sidewalk, bicycle paths, parks, or any right-of-way,
publicly owned facility, or publicly-owned property within the City.
"Scooter" means
every device with a platform having two or more of wheels beneath it and a
balancing handpost or steering device, which the rider balances on top of, and
which is propelled solely by human power.
"Skateboard" means
every device with a platform having two or more sets of wheels beneath it,
which the rider balances on top of, and which is either propelled solely by
human power, or propelled by an attached or auxiliary electric or gasoline
motor.
10.17.030 Helmet
Required.
A. Any
person riding or otherwise operating any bicycle, electric assisted bicycle,
electric personal assistive mobility device, in-line skates, roller skate(s),
skate shoe(s), motorized foot scooter, scooter or skateboard, including any
passenger thereon and / or person being towed thereby, on any public area in
the City shall wear an approved helmet, and shall have either the neck or chin
strap of the helmet fastened securely while the device is in motion.
B. No
person shall transport another person on or tow another person on a device
listed in SMC section 10.17.030 A upon any public area in the jurisdiction of
the City, unless the passenger is wearing an approved helmet.
C. A
guardian is responsible for requiring that a child under the age of sixteen
years who is under the guardian’s care wears an approved helmet, the neck or
chin strap of which is fastened securely, while upon a device listed in SMC
section 10.17.030 A in motion, or riding as a passenger on a device listed SMC
section 10.17.030 A in any public area in the City.
D. It is
an affirmative defense to a violation of this section that the guardian
responsible for child under the age of sixteen did require the child to wear an
approved helmet at all time that the child was in the guardian’s presence.
E. It is
an affirmative defense to a violation of this section for a person wearing an
unapproved helmet that the helmet was furnished in conjunction with his or her
rental, lease, or use of a device listed in SMC section 10.17.030 A by a person
or organization engaged in the business of renting, leasing, or loaning such
devices, and that the helmet was fastened securely while riding.
F. Provisions
of chapter 10.17 shall not apply to any wheeled devices such as, but not
limited to, electronic scooters or wheel chairs that are designed and utilized
for medically related reasons.
10.17.040 Special
Events, Including But Not Limited To Races,
Exhibitions, Demonstrations, Parades And Events -
Helmet Required.
A. Any
person or organization managing a race, an organized event involving bicycling,
a bicycle tour, or devices listed in SMC section 10.17.030 A in which will take
place in whole or in part in any public area in the City, shall require that
all participants riding on or in tow wear approved helmets, and such persons
and organizations shall reject participants who fail to comply with the
provisions of this chapter.
B. The
person or organization managing any such event, race, or tour shall include the
requirement to wear approved helmets in any promotional brochures and on
registration materials.
C. It is
an affirmative defense to a violation of this section for a person or
organization managing an event, race, or tour that all participants were
wearing approved helmets are the start of the event, race, or tour and were
instructed to discontinue their participation by a person responsible for
management of the event, race, or tour at any point where the participant
failed to comply with the requirement of wearing an approved helmet.
10.17.050 Rent,
Lease Or Loan Of A Bicycle, Electric-Assisted Bicycle, Electric Personal
Assistive Mobility Device, Skateboard, Roller blade, Roller Skate, Skate Shoes,
Motorized Foot Scooter Or Scooter - Helmet Required.
A. Any
person engaging in the business of renting, leasing, or loaning (e g.,
"test ride") any of the devices listed in SMC 10.17.030 A for use in
any public area in the City shall supply the person(s) renting, leasing, or
using any of the devices with approved helmet(s), along with the devices unless the riders and passengers possess
approved helmets of their own, and offer proof thereof, for use with the device and further shall notify such persons
of the requirements of this chapter to wear a helmet meeting the safety
standards described in SMC section 10.17.020.
B. The
rental, lease, or loan documents (contract, agreement, brochure, or receipt)
shall advise the person renting, leasing, or using any of the devices listed in
SMC section 10.17.030 A of the helmet requirements of this chapter.
10.17.060 Helmet
Sales - Safety Standards.
A. No
person shall sell or offer for sale a helmet that does not meet or exceed the
safety standards described in SMC Section 10.17.020.
B. It is
an affirmative defense to a violation of this section 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.
10.17.080 Penalties
- Civil Infraction.
A. Any
person violating SMC 10.17.030 A, SMC 10.17.040 A, SMC 10.17.050 A or SMC
10.17.060 A shall have committed a class 4 civil infraction and shall be liable
for monetary penalties as set forth in SMC section 1.05.210.
B. The
court may waive, reduce, or suspend the civil penalty and clear the civil
infraction as a warning for a person who has not been cited under this chapter
within one year and provides proof that he or she has acquired an approved
helmet at the time of appearance in court or has taken class on helmet safety
sponsored by the Spokane Regional Health District.
C. A
guardian may be cited for a separate violation of this chapter for each child
under sixteen years of age riding on or in tow of a device listed in SMC
10.17.030 A not wearing an approved helmet.
D. Each
rental and each event under subsection A of this section shall be a separate
violation.
10.17.090 Enforcement.
A. The
City of Spokane police department shall be responsible for enforcement of 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, leasing,
loaning or renting bicycles or selling sporting or
recreation equipment, to determine compliance with
this chapter;
2. Post
outside the premises of a business that offers for sale, rent, lease, loan or
other public purpose a list of helmets that do not meet the safety
standards of this chapter, so that the public is
informed; and
3. Stop a participant in a race, or
organized event involving any of the
devices
listed in SMC in 10.17.030 A or a tour that takes place in a public area, when
there is a violation of the requirements of this chapter.
10.17.100 Information
and Education.
A. Information about the need for helmets, safe helmet use,
traffic safety
education
and helmet safety programs are available at the City of Spokane police department
and the Spokane Regional Health District.
B. The
City encourages any person engaging in the business of selling bicycles or any
of the devices listed SMC 10.17.030 A to include information on helmet safety
and the helmet requirements of this chapter with each bicycle or devices sold.
C. The
City encourages any person engaging in the business of selling helmets to
include information on safe helmet usage with each helmet sold.
Section
2. That SMC section 1.05.210 is amended to read as follows:
1.05.210 Penalty Schedule – Personal Conduct.
A. For each subsequent violation, excluding
continuing violations, by a person the classification of infraction advances by
one class.
B.
Violation |
Infraction |
Ex Parte
Contact with Adjudicative Officer – 11.02.0120 |
2 |
Attempt to
Influence or Interfere With Adjudicative Officer – 11.02.0130 |
1 |
Littering,
Unlawful Disposal of Rubbish – 10.08.010 |
1 |
Deposit of
Tobacco Product Capable of Being Lit – 10.08.010 |
$500 |
Purchase,
Possession of Tobacco by Minor – 10.08.055 |
3 |
Liquor
Purchase by Apparently Intoxicated Person – 10.08.246 |
$500 |
Harbor Dog or
Cat without License – 10.24.010 |
3 |
Permit Animal
to Run at Large – 10.24.020 |
3 |
Rabies –
10.24.040 |
3 |
Property
Damage by Animal – 10.24.060 |
3 |
Allow Animal
in Riverfront Park or Special Permitted Event Area When Banned – 10.03.110 |
3 |
Sell, Use,
Discharge Fireworks – 10.33A.055 |
3 |
Open Burning –
UFC 11.203 |
1 |
Disposal of
Liquid Waste in Unapproved Place or Manner – 11.09.070 |
1 |
Offending
Peace and Order in Public Park – 10.10.040, 12.06.050, 060, 070, 080 |
1 |
Not Having or
Displaying Concealed Pistol License – 10.11.042 |
1 |
Selling or
Giving Drug Paraphernalia – 10.15.115 |
1 |
Act of
Discrimination – 1.06.040 |
1 |
Barking Dog –
10.03.060 |
1 |
Offenses
Relating to Safety and Sanitation – 10.03.100 |
4 |
Failure to
Respond – Chronic Nuisance 10.08A.040(4) |
1 |
Destroy,
Injure Street Tree or Other Violations – 12.02.914 |
1 |
Failure to
Wear Approved Helmet – Helmet Safety 10.17.030 |
4 |
Failure to
Require Wearing of Approved Helmets at Special Events – Helmet Safety
10.17.040 |
4 |
Failure to
Rent, Lease or Loan Approved Helmet – Helmet Safety 10.17.050 |
4 |
Failure to
sell or offer to sell Approved Helmet – Helmet Safety 10.17.060 |
4 |
PASSED BY THE CITY COUNCIL ON June 28, 2004.
(Delivered to
the Mayor on this _____ day of July, 2004.)