§ 22-245 BICYCLE HELMETS.
(a) Definitions. In this section, the following words and terms shall have the meanings ascribed to them in this section, unless the context of their usage clearly indicates another meaning.
BICYCLE. A human powered vehicle with two wheels in tandem designed to transport by a pedaling action a person seated on a seat.
CHILD. Any individual under 18 years of age.
DEALER. Any commercial establishment that sells at retail or rents new or used bicycles, whether as its principal business activity or in connection with the selling or renting of other merchandise, or the providing of services, from a place of business within the city.
HELMET. Properly fitted headgear that is not structurally damaged and that conforms 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, at the time of the manufacture of the helmet.
PARENT. The natural or adoptive parent or court-appointed guardian or conservator of a child.
PUBLIC WAY. Any property that is publicly owned or maintained, including, but not limited to a street or highway, a publicly maintained trail or a public parks facility.
WEARING A HELMET. That the person has a helmet fastened securely to his or her head with the straps of the helmet securely tightened.
(b) Helmet required.
(1) It is unlawful 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.
(2) It is unlawful for a parent to allow or permit a child to operate or ride a bicycle or any side car, trailer, child carrier, seat or other device attached to a bicycle unless the child is wearing a helmet.
(3) It is a defense to prosecution that the bicycle was not being operated upon a public way at the time of the alleged offense.
(4) It is an affirmative defense to prosecution under this section, upon first offense only, that 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.
(c) Sale or lease.
(1) It shall be unlawful for any dealer to sell a bicycle, bicycle side car, trailer or child carrier without providing a written statement to the purchaser advising of the terms of this section. The statement shall be in a form promulgated by the chief of police. Upon request, the chief of police shall provide a sample of the required form to a dealer. However, printing of distribution copies shall be at the dealer’s expense.
(2) It shall be unlawful for any dealer to rent a bicycle to any person without providing a helmet for the use of each child who will operate or ride upon the bicycle or determining that each child who will operate or ride upon the bicycle has a helmet available.
(d) Penalty.
(1) Any person who violates any provision of this section shall be guilty of a misdemeanor and upon conviction shall be fined an amount not exceeding $50 upon first conviction and an amount not exceeding $100 upon the second and each subsequent conviction.
(2) The purpose of this section is to promote bicycle safety by encouraging the use of helmets. In keeping with that purpose, the municipal courts are urged to consider the following:
a. The courts may consider deferred dispositions under Tex. Code of Criminal Procedure Article 45.051 whenever the circumstances warrant deferred dispositions. Conditions of the deferral may include that the defendant, if financially able, has obtained a helmet and has agreed to make a contribution in support of the bicycle helmet fund; and
b. The courts may consider referrals to a teen court program under Tex. Code of Criminal Procedure Article 45.052 whenever the circumstances warrant such referrals.
(e) Bicycle helmet fund.
(1) The bicycle helmet fund is hereby created. The fund shall accept donations of helmets and money to be used for the purchase of helmets. All monetary gifts to the fund shall be deposited in the city treasury.
(2) The fund shall be used exclusively for the purpose of providing bicycle helmets for the use of children who are members of “very low income families” as defined in 24 C.F.R. § 813.102, as computed for the city for purposes of § 8 of the United States Housing Act of 1937, 12 U.S.C. §§ 1701 to 1750g. The director of the park and recreation department shall administer the fund and shall promulgate rules and procedures for the distribution of helmets. Helmets shall be provided on a first-come first-served basis to the extent of available supply.
(Ord. 15281, § 1, passed 10-8-2002)
