HomeMy WebLinkAbout2764ORDINANCE NO. 2764
AN ORDINANCE of the City of Port Angeles,
Washington, establishing bicycle helmet
regulations and implementation programs and
creating Chapter 10.06 of the Port Angeles
Municipal Code.
THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES HEREBY
ORDAIN as follows:
Sections:
10.06.010
10.06.020
10.06.030
10.06.040
10.06.050
Section 1.
CHAPTER 10.06
BICYCLE HELMETS
Purpose
Definitions
Regulations
Enforcement
Implementation Programs
Chapter 10.06 of the Port Angeles Municipal
Code is hereby created to read as follows:
10.06.010
Purpose. The City Council is concerned
about the safety of bicycle riders on public rights -of -way.
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. In order to protect the health,
welfare, and safety of the residents of the City, it is necessary
and appropriate to require bicycle riders to wear protective
helmets and to establish programs for public education and low -
income subsidies to promote the use of bicycle helmets.
10.06.020 Definitions. The following definitions are
adopted for this Chapter:
A. "Bicycle" means every device propelled solely by human
power upon which a person or persons ride, which
device has two tandem wheels, either of which is
sixteen inches or more in diameter, or three wheels,
any one of which is more than twenty inches in
diameter.
B. "Guardian" means a parent, legal guardian, or
temporary guardian, who maintains responsibility,
- 1 -
whether voluntary or otherwise, for the safety and
welfare of a person under the age of sixteen years.
10.06.030 Regulations. Beginning January 1, 1994, it is
unlawful:
A. For a 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
wearing a protective helmet of a type certified to
meet the requirements of standard Z -90.4 of the
American National Standards Institute 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 that shall be fastened securely while
the cycle is in motion.
B. For a person to transport a person 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.
C. For the guardian of a person under the age of sixteen
years to knowingly allow that 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.
D. For a person to sell or offer for sale a bicycle
helmet that does not meet the requirements established
by subsection A.
E For a person to rent a bicycle for use by a person
unless the person possesses a helmet that meets the
requirements of subsection A.
10.06.040 Enforcement.
A. It is a civil infraction for any person to do any act
forbidden, or fail to perform any act required in PAMC
10.06.030 A.
(1) A civil infraction shall be processed as set forth in
Chapter 7.80 RCW and the Washington Infraction Rules for
Courts of Limited Jurisdiction.
(2) Any duly commissioned police officer of the Port
Angeles Police Department is authorized to enforce this
Chapter.
(3) Any person found to have committed a violation of this
Chapter shall be subject to a monetary penalty of $15.00
for each such violation, not including applicable court
costs.
B. In order to educate the public concerning the
provisions of PAMC 10.06.030A during the period from
January 1, 1994 to January 1, 1995, a person violating PAMC
10.06.030A will not be subject to a civil infraction
though a written warning of the violation may be issued.
After January 1, 1995, a violator may be issued a regular
notice of civil infraction. If this is the first time a
person has been issued a notice of civil infraction for a
violation of PAMC 10.06.030A and he or she appears in
person before the court and provides evidence that he or
she has obtained a bicycle helmet in order to comply with
PAMC 10.06.030A, the court may dismiss the notice of civil
infraction without costs.
10.06.050 Implementation Programs. In order to provide an
effective means of implementing a requirement for all bicyclists
and their passengers to wear helmets, the City Manager is
authorized and directed to work with other public and private
agencies to develop a program of helmet awareness designed to
promote use of helmets by all ages and a program to subsidize use
of helmets by low - income families. Such programs shall be in
effect by January 1, 1994, provided that the existence or
effectiveness of such programs shall not be a defense to a civil
infraction notice issued under this Chapter.
Section 2 - Severabilitv. If any provision of this
Ordinance, or its application to any person or circumstances, is
held invalid, the remainder of the Ordinance, or application of the
provisions of the Ordinance to other persons or circumstances, is
not affected.
Section 3 - Effective Date. This Ordinance shall take
effect five days after publication.
PASSED by the City Council of the City of Port Angeles at
a regular meeting of said Council held on the 18th day of May
1993.
ATTEST:
Becky J.
APPROVED. AS TO FORM:
Craig D. utson, City Attorney
PUBLISHED: May 21, 1993
(By Summary)
93.05
Summaries of Ordinances Adopted by the
Port Angeles City Council
on May 18, 1993
Ordinance No. 2762
This Interim Ordinance of the City of Port :. l eles revises the off - street parking
requirements for the Downtown Par 1 d Business Improvement Area, requires
preparation of a Parking M. • gement and Development Plan, and amends
Ordinance 1588 and Ch.. r-r 14.40 of the Port Angeles Municipal Code.
Ordinance No. 2763
This Ordinance of the City of Port Angeles rezones property located at 229 East
First Street from ACD, Arterial Commercial District, and CBD, Central Business
District, to RHD, Residential High Density. The property is legally described as
Lot "A" of Short Plat recorded in Volume 19 of Short Plats, Page 15, Clallam
County Records, Clallam County, Washington (SHP 89(01)01); together with the
southeasterly 15.00 feet of Lot 15, Block 17, Thompson's and Goodwin's
Subdivision recorded in Volume 1 of Plats, Page 93, Clallam County Records,
Clallam County, Washington.
Ordinance No. 2764
This Ordinance of the City of Port Angeles establishes bicycle helmet regulations
and implementation programs and creates Chapter 10.06 of the Port Angeles
Municipal Code.
The full texts of the Ordinances are available at City Hall in the City Clerk's office or will be
mailed upon request. Office hours are Monday through Friday from 8:00 a.m. to 5:00 p.m.
These Ordinances shall take effect five days after the date of publication of these summaries.
Publish: May 21. 1993
Becky J. Upton
City Clerk