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.
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04-476
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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.
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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.
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04-47ft
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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
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