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ORDINANCE NO.2682
AN ORDINANCE CREATING CHAPTER 8.60 OF THE MOSES LAKEMUNICIPAL
CODE ENTITLED "HELMET REQUIREMENTS"
THE CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON ORDAINS AS FOLLOWS:
Section 1.Chapter 8.60ofthe Moses Lake Municipal Codeentitled "Helmet Requirements"iscreatedas
follows:
8.60.010 Purpose and Policy:
A.This chapterisenactedas an exercise oftheauthority oftheCity ofMoses Lake toprotect and
preserve the public,health,safety,and welfare.Its provisions shall be liberally construed for
the accomplishment of these purposes.
B.It istheexpress purpose ofthis chapter to provide for andto promote the health,safety,and
welfare of the general public,and not to create or otherwise establish or designate any
particular classorgroup ofpersons who will orshould beespecially protected orbenefitted by
the terms of this chapter.
C.It isthespecific intent ofthis chapterto place the obligation ofcomplying with its requirements
upon anyperson included within itsscope,andno provision of,or term used in,this chapter
isintended to impose anyduty whatsoever upon the City of Moses Lake oranyofitsofficers
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 tobe,norshall beconstrued tocreateortoform
the basis for,liability onthe partofthe City ofMoses Lakeoritsofficers,employees,oragents
for any injury or damage resulting from the failure ofany person subjectto this chapter to
comply with this chapter,orby reasonorin consequenceofanyactoromission in connection
with the implementation orenforcementofthischapteronthe partofthe City ofMoses Lake
by its officers,employees,or agents.
8.60.020 Definitions:Asused in thischapter,the following termsshallhavethe meanings indicated,unless
the context clearly requires otherwise:
A."Approved helmet"means a head covering designed forsafetythat shallmeet orexceed the
bicycle helmetsafetystandards adopted bythe U.S. ConsumerProductsSafetyCommission
(CPSC),16 CFR Part 1203 Standard 2-90.4 of the American National Standards Institute
(ANSI),the SnellFoundation,the American SocietyforTestingand Materials (ASTM),orsuch
subsequent nationally recognized standard for helmet performance as the Citymay adopt.
The helmet must be equipped with either a neck or chin strap that shall be fastened securely
while the wheeled vehicle is in motion.
B."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 (11")or more
in diameter,or three (3)wheels,any one (1) of which is more than twenty inches (20") in
diameter.Withinthis chapter,the term "bicycle"shall include any attached trailers,side cars,
and/or other device being towed by a bicycle.
C."Electric-assisted bicycle"means a bicycle with two (2) or three (3)wheels,a saddle,fully
operative pedals for human propulsion,and an electric motor.
D. "Guardian"means a parent,legal guardian,adult with custody,or temporary guardian,who
maintains responsibility,whethervoluntary or otherwise,forthe safety and welfare ofa person
under the age of sixteen (16)years.
ORDINANCE NO.2682
PAGE 2 May 14, 2013
8.60.030 Helmet Required:
A. Any person under sixteen (16)years of age riding or otherwise operating any bicycle or
electric-assisted bicycle, including any passengerthereon 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
subsection A of this section upon any area inthe jurisdictionof the City,unless the passenger
is wearing an approved helmet.
C. A guardianis responsible forrequiring that a childunder sixteen (16)years of age who isunder
the guardian's care wears an approved helmet,the neck or chin strap of which is fastened
securely, while upon a devise listed in subsection A of this section in motion, or riding as a
passenger on a device listed in subsection A of this section in any publicarea inthe City.
D. Itisan affirmative defense to a violation of this section that the guardian responsible fora child
under sixteen (16)years of age did require the child to wear an approved helmet at alltimes
that the child was in the guardian's presence.
E. Itis 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 subsection A of this section 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 this chapter shall not apply to any wheeled devices such as, but not limited to,
electronic scooters or wheelchairs that are designed and being utilized for medically related /*~N
reasons.''
8.60.040 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 Moses Lake Muncipal Code 8.60.030 (A)which will take place in
whole or in part in any public area in the City shall require that all participants under sixteen
(16)years of age riding on or in tow wear approved helmets,and such persons and
organizations shall reject participants who fail to comply with the provisions ofthis chapter.
B.The person or organization managing any such event,race, or tour shall include in any
promotional brochures and on registration materials the requirement that participants wear
approved helmets.
C. Itis an affirmative defense to a violation of this section for a person or organization managing
an event,race, or tour that all participants under sixteen (16)years of age were wearing
approved helmets at 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.
8.60.050 Rent.Lease,or Loan of a Bicycle or Electric-Assisted Bicycle -Helmet Required:
A. Any personengaging inthe business of renting,leasing,or loaning (e.g."test ride")anyofthe
devices listed in Moses Lake Municipal Code 8.60.030 (A)for use in any public area in the City ^^^shall supply the persons 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 proofthereof,for use with the device and further shall notify such persons of
the requirements ofthischapterthatall personsundersixteen (16)yearsofagewearahelmet
meetingthe safety standardsdescribed in Moses Lake Municipal Code 8.60.020 (A).
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ORDINANCE NO.2682PAGE3 .May 14,2013
i \B The rental,lease,orloan documents (contract,agreement,brochure,orreceipt)shall advise
v—/the persons renting,leasing,or using any ofthe devices listed in Moses Lake Municipal Code
8.60.030 (A)of the helmet requirements of this chapter.
8.60.060 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 Moses Lake Municipal Code 8.60.020 (A).
B.It isan affirmative defense to a violation of this sectionthatthe sale oroffer for sale was an
isolated saleofusedmerchandise madebyanindividual whowasnotengaged in thebusiness
ofselling or repairing recreational equipment,such asa seller at a garage or rummage sale.
8.60.070 Penalties - Civil Infraction:
A.Any person,including any parent or guardian,violating any ofthe provisions ofthis chapter
shall have committed a Class C-21 civil infraction.
B.The court may waive,reduce or suspend the civil penalty and clear the civil infraction asa
warning for a person who has not been cited under this chapter within one (1)year and
provides proof that heor she has acquired an approved helmet at the time ofappearance in
court.
C.A guardian may becited for a separate violation ofthis chapter for each child under sixteen
(16)years ofage riding on or in tow ofadevice listed in Moses Lake Municipal Code 8.60.030
(A) not wearing an approved helmet.
<J 8.60.080 Enforcement:
A. The Moses Lake Police Department shall be responsible for enforcementofthe provisions of
this chapter.
B.For the purposeof this chapter,lawenforcement officersmay, at theirdiscretion:
1. Enter,during business hours, the premises of a business selling bicycles,sporting,or
recreation equipment to determine compliance with this chapter.
2. Post outside the premises of a business identifiedin subsection (B)(1)ofthis section a list
of helmets that do not meet the safety standards of this chapter, so that the public is
informed.
3.Stop a participant ina race or organized event involving any of the devices listed in Moses
Lake Municipal Code 8.60.030 (A) or a tour that takes place in a public area,when there
is a violation of the requirements of this chapter.
8.60.090 Information and Education:
A. Informationabout the need for helmets,safe helmet use,traffic safety education, and helmet
safety programs are available at the Moses Lake Police Department.
B. The City encourages any person engaging inthe business of selling bicycles or any of the
devices listed in Moses Lake Municipal Code 8.60.030 (A) to include informationon helmet
safety and the helmet requirements of this chapterwitheach bicyclesold.
\/C.The City encourages any person engaging in the business of selling helmets to include
informationon safe helmet usage with each helmet sold.
Section 2.This ordinance shall take effect and be in force five (5)days after its passage and publication of
its summary as provided by law.
ORDINANCE NO.2682
PAGE 4
Adopted by the City Council and signed by its Mayor on May 14, 2013.
ATTEST:
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obert Taylor,Finance Director
APPROVED AS TO FORM:
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Wsa JV6
Katherine L.Kenison,City Attgrjaef
lay 14,2013
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