0735ORDINANCE NO. 735
AN ORDINANCE REQUIRING THAT PERSONS
UNDER 15 WEAR A BICYCLE HELMET WHILE
RIDING A BICYCLE ON PUBLIC WAYS; PROVIDING
A PENALTY; PROVIDING A CUMULATWE CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING
FOR PUBLICATION; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Southlake, Texas is a home rule city acting under its charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and
Chapter 9 of the Local Government Code; and
WHEREAS, the city council has determined that in order to protect children who
operate or ride upon a bicycle or a device attached to a bicycle along a public way, it is
necessary to require children to wear bicycle helmets;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SOUTHLAKE, TEXAS:
SECTION
That Chapter 18 of the Southlake City Code is hereby amended by the addition of Article
IliA, ~hich shall read as follows:
Sec. 18-95. Purpose
Article IliA. Bicycles
The purpose of this article is to protect children who operate or ride upon a bicycle
or any side car, trailer, child carrier, seat, or other device attached to a bicycle.
Sec. ! 8-96. Definitions
In this ordinance:
BICYCLE means a human powered vehicle with two wheels in tandem designed to
transport by a pedaling action a person seated on a saddle seat.
CHILD means any person under 1 5 years of age.
CITY means the City of Southlake, Texas.
DEALER means a commercial establishment that sells or leases new or used bicycles,
whether its principal business activity, or in connection with the selling or leasing of
other merchandise, from a place of business within the city.
HELMET means a properly fitted bicycle helmet that is not structurally damaged
and that conforms to the standards of the American National Standards Institute,
the American Society for Testing and ktaterials, the Snell Memorial Foundation or
another federal agency having regulatory jurisdiction over bicycle helmets, as
applicable, at the time of the manufacture of the helmet.
PARENT means the natural or adoptive parent or court-appointed guardian or
conservator of a child.
PUBLIC WAY means property that is publicly owned or maintained, including, but
not limited to, a street or highway, a sidewalk, a publicly maintained trail, and a
public park facility.
WEARING A HELMET means that the person has a helmet fastened securely to the
person's head with the straps of the helmet securely tightened.
Sec. 18-97. Helmet Required.
(a)
A child ten years of age or older commits an offense if the child operates or rides a
bicycle or rides in a side car, trailer, child carrier, seat, or other device attached to a
bicycle unless the child is wearing a helmet.
(b)
A parent commits an offense if the parent allows a child under ten years of age to
operate or ride a bicycle or rides in a side car, trailer, carrier, seat, or other device
attached to a bicycle unless the child is wearing a helmet.
(c)
It is presumed that a parent allowed a child under ten years of age to operate or
ride a bicycle or rides in a side car, trailer, carrier, seat, or other device attached to
a bicycle without wearing a helmet.
(d)
It is a defense to prosecution that the bicycle was not being operated upon a public
way at the time of the alleged offense.
0611Bicyc[eHImnt-ord.doc (11/24/98)
Page 2
Sec. ! 8-98. Passengers.
(a)
A person commits an offense if the person operates a bicycle on a public way
carrying on the bicycle more persons at one rime than the number of persons for
which the bicycle was originally designed and equipped.
(b)
(b) It is a defense to prosecution under this section that the person was in a child
carrier, side car, or trailer specifically designed and manufactured for the purpose of
carrying or pulling a passenger on, beside, or behind a bicycle and that the carrier,
side car, or trailer was equipped with a harness to hold the person securely in the
seat and chat protection was provided to keep the feet or hands of the person from
hitting the spokes of the wheel of the bicycle.
(c)
A person commits an offense if the person operates a bicycle on a public way while
transporting a child under the age of one year on the bicycle.
Sec. 18-99. Sale or Lease of a Bicycle by Dealers.
(a)
A dealer commits an offense if the dealer sells a bicycle, bicycle side car, trailer, or
child carrier without providing a written statement to the purchaser advising of the
terms of this ordinance. The statement shall be in a form promulgated by the
Director of Public Safety. Upon request, the Director of Public Safety shall provide
a sample of the required form to the dealer. However, printing and distribution of
copies shall be at the dealer's expense.
(b) A dealer may not lease a bicycle to a person for use by a child unless the dealer:
provides a helmet for the use of each child who will operate or ride on the
bicycle; or
(2)
determines that each child who will operate or ride on the bicycle has a
helmet available.
(c) dealer may impose an additional fee for use of a helmet if the dealer sells or leases
a helmet to a bicycle lessee.
Sec. 18-100. Penalty.
(a)
A person who violates a provision of this article shall be guilty of a Class C
misdemeanor and upon conviction shall be fined an amount not more than $25.00
upon the first conviction and an amount not more than $50.00 upon the second
and each subsequent conviction.
061 I BicycleHlmnt-ord.doc ( 11/24/98)
Page 3
(b) The municipal court shall dismiss a charge against a person for a first offense under
Section 18-97 upon receiving proof that:
(1)
the defendant acquired a helmet for the child who was operating or riding
in violation of Section 18-97~ and
(2)
the defendant acquired the helmet on or before the 10m day after
receiving the citation for the violation.
(c)
Upon the appearance of a person for violation of Section ! 8-97 for the second
offense, the municipal court shall dismiss the charge if:
( I ) the defendant attends a bicycle safety course approved by the court; and
(2)
not later than the 90~ day after the date of the plea, the defendant
presents to the court, in the manner required by the court, evidence of
satisfactory completion of the bicycle safety course.
(d)
If the charge against a person is dismissed under Subsection (b), a later conviction
under Section 18-97 shall be considered a second or subsequent conviction for
purposes of Subsection (a) of this section.
(e)
The purpose of this ordinance is to encourage the use of helmets. In keeping with
that purpose, the municipal courts are urged to consider deferred dispositions under
Article 45.54 of the Texas Code of Criminal Procedure, whenever the
circumstances warrant deferred dispositions.
SECTION 2.
Cumulative Clause
This ordinance shall be cumulative of all provisions of the City of Southlake, Texas,
except where the provisions of this ordinance are in direct conflict with the provisions of
other ordinances, in which event the conflicting provisions of the other ordinances are
hereby repealed.
SECTION 3.
Severability Clause
It is hereby declared to be the intention of the City Council that the phrases,
clauses, sentences, paragraphs, and sections of this ordinance are severable, and if a phrase,
clause, sentence, paragraph, or section of this ordinance shall be declared unconstitutional
by the valid iudgment or decree of a court of competent jurisdiction, such
unconstitutionality shall not effect the remaining phrases, clauses, sentences, paragraphs,
and sections of this ordinance, since the same would have been enacted by the City COuncil
without the incorporation in this ordinance of the unconsthutional phrase, clause, sentence,
paragraph, or section.
:SECTION 4.
Publication Clause
The City Secretary of the City of Southlake is hereby directed to publish the
proposed ordinance or its caption and penalty together with a notice setting out the time
and place for a public hearing thereon at least ten (1 O) days before the second reading of
this ordinance, and if this ordinance provides for the imposition of any penalty, fine, or
forfeiture for any violation of any of its provisions, then the City Secretary shall additionally
publish this ordinance or its caption and penalty in the official City newspaper one time
within ten days after passage of this ordinance, as required by Section 3. ! 3 of the Charter
of the City of Southlake.
SECTION 5.
Effective Date
This ordinance shall be in full force and effect from and after its passage and
publication as required by law, and it is so ordained.
061 ! BicycleHImnt-ord.doc ( 1 I/24/98)
Page 5
PA~ED AND APPROVED ON FIRST READING ON THIS
MAYOR
DAY OF
ATTEST:
CITY SECRETARY
~ASSED AND APPROVED ON SECOND READING ON THIS //~%AY
OF 7//'A,L~ , ! 999.
ATTEST:
CITY SECRETARY
EFFECTIVE:
APPROVED AS TO FORM AND LEGALITY:
City Attorney /
061 I BicycleHlmnt-ord.doc ( 11/24/98)
Page 6
Star-Telegra f-LU I U '1
AD ORDER NO. 15288864
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO.
CIT57
oE STATE OF TEXAS
unty of Tarrant
Before me, a Notary Public in and for said County and State, this day
personally appeared WENDY JACKSON Billing Specialist for the
Star-Telegram, published by the Star-Telegram Inc. at Fort Worth, in Tarrant County, Texas; and
who, after being duly sworn, did depose and say that the following clipping of an advertisement was
published in the above named paper on the following dates:
DATE I AD ORDER NO. DESCRIPTION AD SIZE INTOTAL RATE •
AMOUNT
6/18ME 15288864 CITY OF SOUTHLAK I358 1x 73L 73 QUOTE 59 . 13
ORDINANCCITY OF OE UTHLAKE NO.735 06/18-06/18 _ ........
AN ORDINANCE REQUIRING
THAT PERSONS UNDER 15
WEAR A BICYCLE HELMET
WHILE RIDING A BICYCLE
ON PUBLIC WAYS PROVID-
ING A PENALTY'PROVIDING
A CUMULATIVE CLAUSE;
-- PROVIDING A SEVERABILITY -- -- -
CLAUSE; PROVIDING FOR I •
PUBLICATION;AND PROVIIx
ING AN EFFECTIVE DATE.
Seenaty
(a)cAlperson 8-100.Pwholviiolates a l
provision of this article shall
be guilty of a Class C misde-
meanor and upon conviction
shall be fined an amount not
more than$25.00 upon the
first conviction and an
amount not more than
'a upon the second
andd each subsequent shall
ion.
The municipal court shall SIGNEDZr"--7.-- 4 r
ismiss a charge against a
person or a 18-97firs offensep un- 21S JUNE 1999
S der Sectionnp hat: upon re- SWORN TO BEFORE ME, THIS THE BAY OF
ceivin proof that:
(1)the defendant acquired a
helmet for the child who was �'�.,,, Y � '
operative or riding in viola- RJ"P'�� I Q
tion ofefendn1aqu and 4• •..� tar Public
(2)thedefendantorethedthe
O.•' .'s��l RHONDA R. GOK helmet on or before the 10th
day after receiving the ca ni
tionfortheviolation. '� :•; COMMISSION EXPIRES
(c)Upon fheor appearance of - a� . rf SEPTEMBER 8, 1999
person for violation of Sec- lair + TARRANT COUNTY,TEXAS
tion 18-97 for the second of- I ��,.f t
fence, the municipal court
shall dismiss the charge if:
(1)the defendant attends a bi-
cycle safety course ap-
provedbythcourtand 13 ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU!
(2)not later than the 90th day
after the date of the plea,
the defendant presents to lar-----TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT-----A
_ the court,in the manner re-
quired by the court, evi- -
dence of satisfactory com-
pletion of the bicycle safety
course.
(d)If the charge against a per-
son is dismissed under Sub-
section (b), a later convic-
I
tion under Section 18-97 rainREMITshall be considered asec-
TO: , 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 and or subsequent ubsec-
tion for purposes of Subsec-
tion(a)of this section.
(e) The purpose of this ordi- ACCOUNT AMOUNT
nance is to encourage the
use of helmets. In keeping NUMBER C I T 5 7 DUE 59 . 13
with that purpose,the munic-
ipal courts are urged to con •
-
sider deferred dispositions PAGE., pF IF ANY QUESTIONS, PLEASE CALL(817)390-7885
under Article 45.54 of the1i
Texas Code of Criminal Pro-
cedure, whenever the cir-
cumstances warrant de-
ferred dispositions.__.
S CITY OF SOUTHLAKE
CTY SOUTHLAKE \PLEASE PAY
667 N CARROLL AVE THIS AMOUNT
SOUTHLAKE , TX 76092-6412 59 . 13
—
PLEASE WRITE IN AMOUNT ENCLOSED
Star-Telegram FED. I.D. NO. 22-3148254
AD ORDER NO. 15129905
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 57
T"E STATE OF TEXAS
unty of Tarrant
Before me, a Notary Public in iaikM f kivi my and State, this day
personally appeared Billing Specialist for the
Star-Telegram, published by the Star-Telegram Inc. at Fort Worth, in Tarrant County, Texas; and
who, after being duly sworn, did depose and say that the following clipping of an advertisement was
published in the above named paper on the following dates:
DATE AD ORDER NO. DESCRIPTION AD SIZE TOTAL RATE AMOUNT
INCH/LINE
5/21ME 15129905! CITY OF SOUTHLAK I358 1x 31L 31 QUOTE 25 . 11
CITY OFTEXAS LAKE 0 5/21-0 5/21 .....
NOTICE was hereby given to
all interested persons that
the City Council of the Cityi of
---- Southlake, Texas, _......._
holding a public hearing dur-
ing the regular city council
meeting to be held on June 1
15, 1999,at 7:00 p.m.The
------- meeting will be held in the
Citofhambers
Cityy Hall,667 ConcilCNorth Carroll
Avenue, Southlake, Texas,
rheld regard ng the follow) - - -
Ing ORDINANCE NO.735
AN ORDINANCE REQUIRING
THAT PERSONS UNDER 18
WEAR A BICYCLE HELMET
WHILE RIDING A BICYCLE
ON PUBLIC WAYS PROVID-
ING A PENALTY'PROVIDING
A CUMULATIVE CLAUSE;
PROVIDING A SEVERABILITY IG la `SC:; 9
CLAUSE; PROVIDING FOR
PUBLICATION,AND PROVID 24th MAY 1999
ING AN EFFECTIVE DATE.
SUESandracLr etaryrand WORN TO BEFORE ME, THIS THE DAY OF
mar n�r
RHONDA R. GOKE Notary Public r SI__›a_.
of
y•5�11i I
' COMMISSION EXPIRES #rrrw./f SEPTEEMBER 8, 1999 TARRANT COUNTY,TEXAS
PLEASE PAY THIS ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU!
�.�TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT�A
Star-'I'e1egran'i REMIT TO: 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102
ACCOUNT C I T 5 7 AMOUNT 25 . 11
15129905 NUMBER DUE
PAGE], 01 IF ANY QUESTIONS, PLEASE CALL(817)390-7885
CITY OF SOUTHLAKE
CTY SOUTHLAKE
667 N CARROLL AVE PLEASE PAY
SOUTHLAKE , TX 76092-6412 THIS AMOUNT 25 . 11
1
PLEASE WRITE IN AMOUNT ENCLOSED