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HomeMy WebLinkAboutOrd 1646 - bike helmets ORDINANCE NO. 1646 AN ORDINANCE RELATING TO BICYCLE HELMETS; AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE: Section 1. Chapter 13 of the Code of Ordinances of the City of West University Place is hereby amended by adding a new Section 13.042, as shown in Exhibit A, which is attached and made a part of this ordinance. Section 2. All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only. Section 3. If any word, phrase, clause, sentence, paragraph, section or other part of this ordinance or the application thereof to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, neither the remainder of this ordinance, nor the application of such word, phrase, clause, sentence, paragraph, section or other part of this ordinance to any other persons or circumstances, shall be affected thereby. Section 4. The City Council officially finds, determines and declares that a sufficient written notice of the date, hour, place and subject of each meeting at which this ordinance was discussed, considered or acted upon was given in the manner required by the Texas Open Meetings Act, as amended, and that each such meeting has been open to the public as required by law at all times during such discussion, consideration and action. The City Council ratifies, approves and confirms such notices and the contents and posting thereof. The City Council officially finds, determines and declares that sufficient notices of the joint public hearing were given, and the City Council ratifies, approves and confirms such notices, including the contents and the method in which they were given. Section 5. This ordinance shall become effective on the tenth day following its publication, as provided in the City Charter. ~ PASSED AND APPROVED ON FIRST READING, on ~~.;2.Z- ,2000. Councilmembers Voting Aye: Councilmembers Voting No: Councilmembers Absent: -- -~-~_._--'--.'---~---~--"'-----~--~- ----r.- .~=:L.o"-'-...L ~ _ ",U,l._. -.I1.i,-,.,d.1__.-"'--.W.~"--------'---------T--------~~lIII"'~l!TT'f-'r PASSED AND APPROVED ON SECOND READING on Councilmembers Voting Aye: Councilmembers Voting No: Councilmembers Absent: Attest: (Seal) ~~ City 'Attorney b61 :\54ohelmt Si:~~~~~ Ma r r, fir illlii, Ii ;l!II: ;!Il'1i~"U I 11HiUIIIIIIRI......--- .. -.Tc--.-------rc-c---------I-----,---,'TIlrm~TIT'''~nTrrr--------- n I' hll 1-- ,2000. Exhibit A Sec. 13.042. Bicycle helmets. (a) Definitions. In this section, the following words and terms shall have the meanings set out below, unless the context clearly indicates another meaning: (1) "Child" means any person under 18 years of age. (2) "Helmet" means a properly fitted bicycle helmet meeting both these criteria: (i) it is not structurally damaged and (ii) at the time of its manufacture, it conformed to the standards of the American National Standards Institute, the American Society for Testing and Materials, the Snell Memorial Foundation or any federal agency having regulatory jurisdiction over bicycle helmets, as applicable. (3) "Parent" means the natural or adoptive parent or court_appointed guardian or conservator of a child. (4) "Public way" means any property that is publicly owned or maintained, including, but not limited to, a II street area" as defined in this Code, a publicly maintained trail, and any public parks facility. ( 5) "Wearing a helmet" means that the person has a helmet fastened securely to his head with the straps of the helmet securely tightened, as intended by its manufacturer. (b) Helmet required. It shall be unla~l: (i) for any child to operate or ride upon a bicycle or any side car, trailer, child carrier, seat or other device attached to a bicycle unless the child is wearing a helmet, or (ii) for a parent to suffer or permit a child under 14 years of age to operate or ride upon a bicycle or any side car, trailer, carrier, seat or other device attached to a bicycle unless the child is wearing a helmet. (c) Defenses. It is an affmnative defense to prosecution under this section that: (i) the bicycle was not being operated upon a public way at the time of the alleged offense, or (ii) in the case of a fIrst offense only, the person owns or has acquired a helmet prior to the court hearing and promises the court that the helmet will be used in the future. (d) Penalties. Any person who violates this section shall be guilty of a misdemeanor and upon conviction shall be fmed an amount not exceeding $50.00 upon first conviction and an amount not exceeding $100.00 upon the second and each subsequent conviction. The purpose of this section is to encourage the use of helmets. In keeping with that purpose, the municipal courts are urged to consider deferred dispositions under the Texas Code of Criminal Procedure whenever the circumstances warrant. Conditions of the deferral may include that the defendant, if financially able, has obtained a helmet. , --, "---'-c--------------r=~-- ~~' r-- -.." ~'m ,ill' 11;1 111'1. 1I . ItI:'l:lllllln.~..' 1-------_. -:mim:lfirnmITn~."