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Item 6E AttachmentORDINANCE NO. AN ORDINANCE AMENDING ARTICLE IIIA "BICYCLES" OF CHAPTER 18 OF THE CODE OF ORDINANCES OF THE CITY OF SOUTHLAKE, TEXAS, AS AMENDED; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake 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 Texas Local Government Code; and WHEREAS, the City Council has determined that the current regulations contained in Sections 18-96,18-97 and 18-100 of the Code of Ordinances requiring a child to wear a bicycle helmet should be revised to require any child under 18 years of age to wear a bicycle helmet; and WHEREAS, the City Council desires to incorporate the state law regulations governing the operation of bicycles on roadways and required safety equipment; and WHEREAS, the City Council finds that regulations addressing all these concerns are in the best interest of the health, safety, and welfare of the citizens of Southlake, and therefore that Article IIIA "Bicycles" of Chapter 18 of the Code of Ordinances should be amended in its entirety. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF SOUTHLAKE, TEXAS: SECTION 1. That Article IIIA, ABicycles, @ of Chapter 18, ATraffic and Vehicles, @ of the Code of Ordinances of the City of Southlake, Texas, is hereby amended in its entirety to read as M:\Bicycle Ordinance\Bicycle Amendment from TOASE.docx`„:`c +h ,�e .d RaRGeG�90G�'Gle Amendment dog , Page 1 follows: "ARTICLE IIIA. - BICYCLES Sec. 18-95. - Purpose. 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. 18-96. - Definitions In this article: 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�58 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 Materials, 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 teR years of age er el nor 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. MABicycle Ordinance\Bicycle Amendment from TOASE.docx`^1-`2„ ,+hake nrd;.,aRGGG�BOG.'Gle oP;tQndn;tQnt.d ,,.., Page 2 (b) A parent commits an offense if the parent allows a child 6IRderfon Yea FG of ane 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 „oars 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. Sec. 18-98. - 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 time than the number of persons for which the bicycle was originally designed and equipped. (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 that protection was provided to keep the feet or hands of the person from hitting the spokes of the wheel of 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 section. The statement shall be in a form promulgated by the direr --ter ef p6ibliG safe� Chief of Police or his designee. Upon request, the dironfnr Gf p6ibliG Safet Chief of Police or his designee 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: (1) 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. M:\Bicycle Ordinance\Bicycle Amendment from TOASE.docx`„:`c +h ,�e .d RaRGeG�90G�'GleAmendment dog , Page 3 (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. NO- 00111 Any person, firm or corporation violating any term or provision of this Article shall be subject to a fine in accordance with Section 1-7 of the Code of Ordinances of the City of Southlake, Texas." Sec. 18-101. — Operation of Bicycles. The operation of bicycles in the City is subject to the state law rules and regulations governing the operation of bicycles as contained in Subchapter B of Chapter 551, Texas Transportation Code, includinq but not limited to the required safety equipment, which MABicycle Ordinance\Bicycle Amendment from TOASE.doc: d . aRGeS�BOG,,,.le omtzp,+. Ant ,+,,,.,, Page 4 VIM r er 1 • 4F4 F44Rrer--edure, whenever the Any person, firm or corporation violating any term or provision of this Article shall be subject to a fine in accordance with Section 1-7 of the Code of Ordinances of the City of Southlake, Texas." Sec. 18-101. — Operation of Bicycles. The operation of bicycles in the City is subject to the state law rules and regulations governing the operation of bicycles as contained in Subchapter B of Chapter 551, Texas Transportation Code, includinq but not limited to the required safety equipment, which MABicycle Ordinance\Bicycle Amendment from TOASE.doc: d . aRGeS�BOG,,,.le omtzp,+. Ant ,+,,,.,, Page 4 subchapter is incorporated herein by reference. Secs. 18-1042-18-110. - Reserved." SECTION 2. CUMULATIVE This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas except where the provisions of this ordinance are in direct conflict with the provisions of such ordinance, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 3. SEVERABILITY It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and section of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of 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 any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4. PENALTY Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Five Hundred Dollars ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. M:\Bicycle Ordinance\Bicycle Amendment from TOASE.docx`„:`c +h ,�e .d RaRGeG�90G�'GleAmendment dog , Page 5 SECTION 5. SAVINGS All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provision of any other ordinances regulating solicitation activities, canvassing activities, or handbill distribution, that have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 6. PUBLICATION The City Secretary of the City of Southlake is hereby directed to publish the 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 3.13 of the Charter of the City of Southlake. SECTION 7. 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. PASSED AND APPROVED ON FIRST READING ON THIS DAY OF , 2015. MAYOR ATTEST: CITY SECRETARY M:\Bicycle Ordinance\Bicycle Amendment from TOASE.docx`„:`c +h ,�e .d RaRGeG�90G�'GleAmendment dog , Page 6 PASSED AND APPROVED ON SECOND READING ON THIS DAY OF 2015. EFFECTIVE: MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney MABicycle Ordinance\Bicycle Amendment from TOASE.docx`^1-`2„ ,+hake nrd;.,aRGGG�BOG.'Gle oP;tQndn;tQnt.d ,,.., Page 7