HomeMy WebLinkAboutORDINANCE 2052-2004l
Suggested by: Mayor Williams
CITY OF KENAI
ORDINANCE N0.2052-2004
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ADOPTING
KMC 13.40.055 TO REQUIRE MINORS UNDER SIXTEEN (16) YEARS OLD TO WEAR A
PROPERLY FITTED AND FASTENED, CERTIFIED PROTECTIVE HELMET WHILE
RIDING BICYCLES AND OTHER SIMILAR VEHICLES ON CITY HIGHWAYS, STREETS,
ROADS, BIKEWAYS OR TRAILS AND BICYCLE PATHS, AND IMPOSING A FINE FOR
VIOLATION OF THESE REQUIREMENTS.
WHEREAS, studies have shown that youth wearing certified protective helmets that
are properly sized and properly worn, have prevented or limited serious head injuries
and deaths while bicycling, skateboarding, and riding similar vehicles; and,
WHEREAS, studies have shown that helmet laws reduce bicycle-related head injuries
by 45% and deaths by 15%; and,
WHEREAS, despite the overwhelming evidence of the need to wear certified protective
helmets, many children do not wear them while bicycling, skateboarding, and riding
similar vehicles; and,
WHEREAS, requiring minors to wear and properly fasten a certified protective helmet
of appropriate fit is needed to foster greater and continued use of certified protective
helmets; and,
WHEREAS, the citation for a first time violator imposed by this ordinance for non-
compliance can be dismissed upon acquisition of a properly fitted certified protective
helmet which will provide an incentive for youths and parents to comply with the
helmet requirements set out in this ordinance; and,
WHEREAS, it is the intent of this ordinance that the proceeds of the fines received
under this ordinance be used ~ by the City to support distribution of certified protective
helmets to children or to support brain injury awareness/prevention groups.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that the Kenai Municipal Code is hereby amended by enacting KMC
13.40.055 to read as follows:
13.40.055 Requirement that minors wear certified protective
helmets.
(a) It shall be unlawful for any person under sixteen (16) years
of age to operate or ride upon in-line or roller skates,
skateboards, scooters, coasters, toy motorized vehicles,
gasoline or electric motor-driven cycles or scooters, bicycles,
' tricycles, unicycles, or any similar vehicles on any highways,
ordinance No. 2052-2004
Page 2 of 2
streets, roads, bike-ways or trails, unless that person wears
a certified protective helmet that is properly fitted and that is
properly. fastened. This requirement also applies to any
minor who rides in a restraining seat, trailer, backpack, or
similar child-restraining device, used by someone who
operates in-line or roller skates, skateboards, scooters,
coasters, toy motor vehicles, gasoline or electric motor-driven
cycles or scooters, bicycles, tricycles, unicycles, or any
similar vehicles. A parent or guardian having control or
custody of an unemancipated minor whose conduct violates
this section shall be liable for the fine imposed by this
section.
(b) No parent or guardian of any unemancipated minor shall
allow the minor under sixteen (16) years of age to violate this
section.
(c) The fine for the first violation of this section shall be X25.00.
The fine for a second violation of this section shall be
X35.00. The fine for a third or subsequent violation shall be
X50.00.
(d) The first time a person is charged with a violation of this
section, the Court or City may dismiss the charge upon
presentation of evidence that the person has purchased or
obtained a certified, protective helmet.
(e) A certified protective helmet is a helmet containing a
manufacturer certification that it meets the standards of the
American National Standards Institute, American Society for
Testing and Materials (ASTM) or the United States Consumer
Product Safety Commission (CPSC).
(f) A violation of this ordinance cannot be used as evidence of
negligence or comparative negligence.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, t~is fourth day of
August, 2004.
ATTEST:
Carol L. Freas, City Clerk
JOHN/J. WILLIAMS, MAYOR
Introduced: June 16, 2004
Second Public Hearing: August 4, 2004
Adopted: August 4, 2004
Effective: September 4, 2004