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Ord 04-476 ORDINANCE NO. 04-476 AN ORDINAN E OF THE CITY COUNCIL OF THE CITY OF FEDERAL A Y, WASHINGTON, ADDING A NEW SUBSECTIO 196, TO ARTICLE VI CHAPTER 15 OF CITY OF FEDERA WAY CITY CODE REGARDING BICYCLE HELMET RE ULATIONS (Amending Ordinance No. 91-91) WHEREAS, th City of Federal Way is a non-charter code city under the laws ofthe State of Washington and, as su h, has the power to enact ordinances for the protection of the public health, safety and general welf: re and for other purposes; and WHEREAS, th City finds that requiring the wearing of bicycle helmets by persons operating or riding bicycles wit in the City of Federal Way furthers the health and safety of citizens; NOW, THERE ORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, DOES ORDAIN AS FOLLO S: 15-196 BICYCLE s: Section 1. An w section is added to Article VI, Chapter 15 of the City of Federal Way City Code to read as foll 15-196.1 PURPOSE A. This Chapter is nacted as an exercise ofthe authority ofthe City of Federal Way to protect and pre erve the public health and welfare. Its provisions shall be liberally construed for t accomplishment of these purposes. B. It is the express urpose of this Chapter to provide for and to promote the health and welfare of the neral public, and not create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by th terms of this Chapter. ORD# 04-476 ,PAGEl ORt GINAL ORD# It is the specific 'ntent of this Chapter to place the obligation of complying with its requirements up n any person falling within this scope, and no provision of, nor term used in, this Ch pter is intended to impose any duty whatsoever upon the City of Federal Way or ny of its officers or employees, for whom the implementation or enforcement c. As used in this apter, the following terms shall have the meanings indicated unless every context clearly re uires otherwise: "Bicycle" mean every device propelled solely by human power upon which a person or persons may de, having two tandem wheels, either of which is 16 inches or more in diameter, or ee wheels, anyone of which is more than 20 inches in diameter (RCW 46.04.07 ). Within this Chapter, the term "bicycle" shall include any attached trailers, side car, and/or other device being towed by a bicycle. A. "Guardian" me ns a parent, legal guardian, an adult with custody, or temporary guardian who m intains responsibility, whether voluntary or otherwise for the safety and welfare of person under the age of 18 years. B. C. "Public area" m ans public roadways, bicycle paths, sidewalks, parks, or any right- of-way or publi ly owned facility under the jurisdiction ofthe City of Federal Way. 15-196.3 BICYCLE A. ELMET REQUIRED: Any person bic cling or riding as a bicycle passenger on or in tow of a bicycle upon any public area' the City of Federal Way shall wear a bicycle helmet and shall have either the neck r chin strap of the helmet fastened securely while the bicycle is in motion. No person shall transport another person on or in tow of a bicycle upon any public area in the juris iction of the City of Federal Way, unless the passenger is wearing a helmet that me s the requirements of this Chapter. B. A parent or gua dian is responsible for requiring that a child under the age of 16 years wears a bicycle helmet while bicycling or riding as a passenger on a bicycle in any public area in t e City of Federal Way, and has the neck or chin strap of the helmet fastened secure y. C. 04-476 ,PAGE 15-196.4 BICYCLE CES AND EVENTS- HELMET REQUIRED: A. Any person ma aging a bicycle race, an organized event involving bicycling, or a bicycle tour in e public areas of the City of Federal Way shall require that all participants on in tow of bicycles wear approved bicycle helmets. B. CES AND EVENTS- HELMET REQUIRED: The person man ging any such event shall include the bicycle helmet requirement in any promotional brochures and on registration materials. 15-196.5 BICYCLE A. Any person eng ging in the business of renting or loaning (e.g., "a test drive") any bicycle for use n any public place in the City of Federal Way shall supply the persons leasing r using bicycles with bicycle helmets, along with the bicycles, unless the bicycle rider and passengers possess bicycle helmets of their own for use with the bicycle. B. The rental paper (contract, agreement, or receipt) must advise the person renting the bicycle of the bi ycle helmet requirements of this chapter. 15-196.6 PENALTIE - TRAFFIC INFRACTION: A. Effective Janu 1,2005, any person violating any of the provisions of this Chapter shall have com itted a traffic infraction and shall be liable for monetary penalties as set forth in Sect on 15-191 of the Federal Way Municipal Code. B. The court may aive, reduce, or suspend the penalty and clear the notice of violation as a warning fo an individual who has not received a notice of violation of this Chapter within ne year, and provides proof that he or she has acquired a bicycle helmet at the ti e of appearance in court. C. Each rental and ach event under FWMC 15-196.5 shall be a separate violation. Section 2. Sev abilit. Should any section, paragraph, sentence, clause or phrase of this ordinance, or its applicati n to any person or circumstances, be declared unconstitutional or otherwise invalid for any reaso , or should any portion of this ordinance be pre-empted by state or federal law or regulations, such decision or pre-emption shall not affect the validity ofthe remaining portions of this ordinance or it application to other persons or circumstances. ORD# 04-47ft , PAGE 3 Section 3. Rat fication. Any act consistent with the authority and prior to the effective date of this ordinance 's hereby ratified and affirmed. Section 4. Effe tive Date. This ordinance shall take effect and be in force five (5) days from and after its passage nd publication, as provided by law. PASSED by th City Council of the City of Federal Way this December ,2004. ?lsr day of CITY OF FEDERAL WAY 'EST aM~ MAYOR, DEAN MCCOLGAN APPROVED AS TO FORM: A. RICHARDSON FILED WITH THE CITY CL PASSED BY THE CITY CO PUBLISHED: 12/29/04 EFFECTIVE DATE: 1/3/05 ORDINANCE NO. 04-476 11/30/04 CIL: 12/21/04 K:\ORDIN\chapter 15update.092004-bicyc1ehelmet Revised 9/30/04 ORD # 04-476 , PAGE 4