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Chapter 10.17
Sections 10.17.030...
 

Title 10 Regulation of Activities

Division I. Penal Code

Chapter 10.17 Helmet Safety

Section 10.17.030 Helmet Required
  1. Any person riding or otherwise operating any personal transportation device as defined in SMC 10.17.020, including any passenger thereon and/ or person being towed thereby, on any public area in the City shall wear an approved bicycle helmet, and shall have either the neck or chin strap of the helmet fastened securely while the device is in motion.
     
  2. No person shall transport another person on or tow another person on a personal transportation device upon any public area in the jurisdiction of the City, unless the passenger is wearing an approved bicycle helmet.
     
  3. A guardian is responsible for requiring that a child under the age of sixteen (16) years who is under the guardian’s care wears an approved bicycle helmet, the neck or chin strap of which is fastened securely, while upon a personal transportation device while in motion, or riding as a passenger on a personal transportation device in any public area in the City.
     
  4. It is an affirmative defense to a violation of this section that the guardian responsible for a child under the age of sixteen (16) did require the child to wear an approved bicycle helmet at all times that the child was in the guardian’s presence.
     
  5. It is an affirmative defense to a violation of this section for a person wearing an unapproved helmet that the helmet was furnished in conjunction with his rental, lease or use of a personal transportation device by a person or organization engaged in the business of renting, leasing or loaning such devices, and that the helmet was fastened securely while riding.
     
  6. Provisions of this chapter shall not apply to any wheeled devices such as, but not limited to wheelchairs that are designed and utilized for medically related reasons.
     
  7. For purposes of this chapter, the requirement to wear a helmet shall mean that the helmet shall be worn on the head of the person(s) who is required to wear a helmet with the neck or chin strap of the helmet fastened securely while the device is in motion.
     
  8. This section does not apply to the application-based rental of electronically activated personal transportation devices by persons eighteen years of age or older.

Date Passed: Monday, March 25, 2019

Effective Date: Monday, April 29, 2019

ORD C35749 Section 2

Section 10.17.030 Helmet Required
  1. Any person riding or otherwise operating any personal transportation device as defined in SMC 10.17.020, including any passenger thereon and/ or person being towed thereby, on any public area in the City shall wear an approved bicycle helmet, and shall have either the neck or chin strap of the helmet fastened securely while the device is in motion.
     
  2. No person shall transport another person on or tow another person on a personal transportation device upon any public area in the jurisdiction of the City, unless the passenger is wearing an approved bicycle helmet.
     
  3. A guardian is responsible for requiring that a child under the age of sixteen (16) years who is under the guardian’s care wears an approved bicycle helmet, the neck or chin strap of which is fastened securely, while upon a personal transportation device while in motion, or riding as a passenger on a personal transportation device in any public area in the City.
     
  4. It is an affirmative defense to a violation of this section that the guardian responsible for a child under the age of sixteen (16) did require the child to wear an approved bicycle helmet at all times that the child was in the guardian’s presence.
     
  5. It is an affirmative defense to a violation of this section for a person wearing an unapproved helmet that the helmet was furnished in conjunction with his rental, lease or use of a personal transportation device by a person or organization engaged in the business of renting, leasing or loaning such devices, and that the helmet was fastened securely while riding.
     
  6. Provisions of this chapter shall not apply to any wheeled devices such as, but not limited to wheelchairs that are designed and utilized for medically related reasons.
     
  7. For purposes of this chapter, the requirement to wear a helmet shall mean that the helmet shall be worn on the head of the person(s) who is required to wear a helmet with the neck or chin strap of the helmet fastened securely while the device is in motion.
     
  8. This section does not apply to the application-based rental of electronically activated personal transportation devices by persons eighteen years of age or older.

Date Passed: Monday, March 25, 2019

Effective Date: Monday, April 29, 2019

ORD C35749 Section 2