Item 6A - Memo(jSOUTHLAKE
TO:
FROM:
MEMORANDUM
February 18, 2025
Alison Ortowski, City Manager
Ashleigh Casey, Chief of Police
SUBJECT: Ordinance No. 735-B, 2nd Reading, amending the Bicycle Helmet
Ordinance to include e-bikes.
Action Requested: City Council approval of a revision to City Ordinance 735-B,
Background
Information:
Financial·
Considerations:
Strategic Link:
Citizen Input/
Board Review:
Legal Review:
which regulates the ages in which children must wear a
helmet while operating an electric bicycle (e-bike).
Current City Ordinance requires that children under the age
of 18 must wear a helmet while operating a bicycle or riding
in a side car, trailer, carrier, seat, or other device attached to
a bicycle.
In order to provide the safest environment possible for our
children, the ordinance revision will add electric bicycles as
defined by state law. Texas Transportation Code defines e
bikes as having operable pedals, a motor of less then 750
watts, and a top speed of less than 28 mph.
The Police Department will approach enforcement of this
ordinance through a dedicated communication and
education campaign to lower the number of children who are
susceptible to injury from not wearing a helmet while
operating an electric bicycle.
N/A
This item supports the City's strategy through the focus area
of Safety and Security.
N/A
Yes
City of Southlake Values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
Alternatives:
Supporting
Documents:
Approval or disapproval of the revision to Ordinance 735-B.
Revised ordinance
Staff
Recommendation: City Council approval of the rev1s1on to Ordinance No. 735-B,
which requires the use of bicycle helmets by children under
the age of 18 while operating electric bicycles.
City of Southlake Values:
Integrity+ Innovation+ Accountability+ Commitment to Excellence+ Teamwork
ORDINANCE NO. 735B
AN ORDINANCE AMENDING SECTIONS 18-96, "DEFINITIONS," AND
18-97, "HELMET REQUIRED," OF ARTICLE IHA, "BICYCLES," OF
CHAPTER 18, "TRAFFIC AND VEHICLES," OF THE SOUTHLAKE
CITY CODE, AS AMENDED BY ADDING A DEFINITION FOR
ELECTRIC BICYCLES AND REQUIRING HELMETS FOR RIDERS OF
ELECTRIC BICYCLES UNDER THE AGE OF 18; PROVIDING THAT
THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A
PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL
NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Southlake, Texas ("City"), 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 of the City recognizes that it is necessary to regulate the use of helmets when children are riding electric bicycles to promote the safety of children; and WHEREAS, the City Council desires to adopt the regulations herein regarding the use of helmets when children are riding electric bicycles within the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SOUTHLAKE, TEXAS:
SECTION 1. Section 18-96, "Definitions," of Article IIIA "Bicycles," of Chapter 18, "Traffic and Vehicles," of the Southlake City Code is hereby amended by adding the definition of electric bicycle to be inserted alphabetically and to read as follows: "Electric bicycle has the same meaning as it does in Section 664.001 of the Texas Transportation Code." SECTION 2. Section 18-97, "Helmet Required," of Article IIIA "Bicycles," of Chapter 18, "Traffic and Vehicles," of the Southlake City Code is hereby amended to read as follows: "Sec. 18-97. -Helmet required. (a)A child commits an offense if the child operates or rides a bicycle or electricbicycle or rides in a side car, trailer, child carrier, seat, or other device attached toa bicycle or electric bicycle unless the child is wearing a helmet.https://southlake-my .sharepoint.com/person al/jbrandon _ ci_ southlake _tx _ us/Documents/Council/Ebike
Ordinance Update/E-bike Helment Ord 7358.doc Page I
Helmet
(b)A parent commits an offense if the parent allows a child to operate or ride a
bicycle or electric bicycle or ride in a side car, trailer, carrier, seat, or other device
attached to a bicycle or electric bicycle unless the child is wearing a helmet.
( c)It is presumed that a parent allowed a child to operate or ride a bicycle or electric
bicycle or ride in a side car, trailer, carrier, seat, or other device attached to a
bicycle or electric bicycle without wearing a helmet.
( d)It is a defense to prosecution that the bicycle or electric bicycle was not being
operated upon a public way at the time of the alleged offense."
SECTION 3.
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 ordinances, in which event the conflicting provisions of such ordinances are
hereby repealed.
SECTION 4.
[t 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 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 5.
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 Two Hundred Dollars ($200.00) for each offense. Each day that a violation
is permitted to exist shall constitute a separate offense.
SECTION 6.
All rights and remedies of the City of Southlake are expressly saved as to any and all
violations of the subject matter herein which 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.
https:/ /south lake-my .sharepoint.com/personal/jbrandon _ ci_ southlake _tx _ us/Documents/Council/Ebike
Ordinance Update/E-bike Helment Ord 735B.doc Page 2
Helmet
SECTION 7.
The City Secretary of the City of Southlake is hereby directed to publish the proposed
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 8.
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
-------' 2025.
MAYOR, SHAWN MCCASKILL
ATTEST:
CITY SECRETARY, AMY SHELLEY
PASSED AND APPROVED ON SECOND READING ON THIS DAY
OF , 2025. -------
EFFECTIVE DATE:
-----
MAYOR, SHAWN MCCASKILL
ATTEST:
CITY SECRETARY, AMY SHELLEY
-------------
https://southlake-my .sharepoint.com/personal/jbrandon _ ci_southlake _tx _ us/Documents/Council/Ebike
Ordinance Update/E-bike Helment Ord 735B.doc Page 3
Helmet