OR 96-780 Require helmets when riding bicycles AN ORDINANCE OF THE~ CITY OF COPPELL, TEXAS
ORDINANCE NO. 96780
AN ORDINANCE OF THE C1TY OF COPPELL, TEXAS,
AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 8,
TO ADD ARTICLE 8-6; TO REQUIRE HELMETS TO BE WORN WHEN
OPERATING OR RIDING UPON A BICYCLE OR ANY DEVICE
ATTACHED TO A BICYCLE ON PUBLIC PROPERTY; BY HOLDING A
PARENT OR GUARDIAN RESPONSIBLE FOR A CBII~D'S FAILURE TO
WEAR A BICYCLE HELMET; BY PROVIDING DEFENSES; BY
REQUIRI/~G BICYCLE DEALERS TO PROVIDE HELMETS VV'HEN
LEASING A BICYCLE AND TO POST NOTICE OF THIS ORDINANCE
WHEN SELLING A BICYCLE; BY PROVIDING A PENALTY NOT TO
EXCEED TEN DOLLARS ($10.00) FOR A FIRST OFFENSE, TWENTY-
FIVE DOLLARS ($25.00) FOR A SECOND OFFENSE, AND FIFTY
DOLLARS ($50.00) FOR A TIHRD AND SUBSEQUENT OFFENSE; BY
PROVIDING DEFINITIONS; BY PROVIDING A SAVINGS CLAUSE; BY
PROVIDING A SEVERABILITY CLAUSE; BY PROVIDING A REPEALING
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Bicycle related head injuries are a serious public health problem; and
WHEREAS, it is the intent of the City Council in adopting this Ordinance to encourage and
promote bicycle safety through the use of helmets; and
WHE~REAS, it is the desire of the City Council that this Ordinance not be used in any manner
to prejudice any child or parent in any civil action arising out of a bicycle accident; Now, Therefore,
BE IT ORDAINED BY THF. C1TY COUNCIL OF THE CITY OF COPPELL,
TEXAS:
SECTION 1. That the Code of Ordinances of the City of Coppell, Texas be, and the same is
hereby amended by amending Chapter 8, to add Article 8-6, "Bicycle Helmets", to read as follows:
"ARTICLE 8-6 BICYCLE 1/ELMETS.
Sect. 8-6-1 Definitions. The following terms and phrases, as used in this Article, shall have
the following meanings unless the context indicates otherwise:
Bicycle. means a human powered vehicle with two wheels in tandem designed to transport by
a pedaling action a person seated on a seat.
SS3367
Child. Shall mean any person under seventeen years of age.
Dealer. Shall mean any commercial establishment that sales or leases new or used bicycles,
whether as its principal business activity or in connection with the selling or leasing of other
merchandise, or the providing of services, fi-om a place of business within the City.
Helmet. Shall mean 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 any federal agency having
regulato~J jurisdiction over bicycle helmets, as applicable, at the time of the manufacturer of
the helmet.
Parent. Shall mean the person who is the natural parent, adoptive parent, foster parent, or
step parent of another person.
Public Way. Shall mean any property located within the City that is publicly owned or
maintained, including but limited to a publicly owned or maintained street, highway, alley,
sidewalk, trail or public park facility.
Wearing a helmet shall mean that a helmet is properly attached to a person's head with the
chin straps of the helmet securely fastened and tightened.
Sec. 8-6-2 Bicycle Helmet Required
A. A person commits an offense if the person operates or rides upon a bicycle or
any side car, trailer, child carrier, seat, or other device attached to a bicycle
without wearing a helmet.
B. A parent or guardian of a minor commits an offense if such person knowingly
causes or permits, or by insufficient control allows, the minor to operate or ride
upon a bicycle or any side car, trailer, child carrier, seat or other device
attached to a bicycle, without the minor wearing a helmet.
C. A person commits an offense if the person transports another person upon a
bicycle or any side car, trailer, child carrier, seat, or other device attached to a
bicycle, without the other person wearing a helmet.
D. It is a defense to prosecution under Subsection A, B, or C that:
1. the bicycle was not being operated upon a public way at the time of the
alleged offense; or
2. for the first offense only, the person owns or has acquired a helmet for
such person's use or passenger use, whichever is applicable, prior to
appearance in Municipal Court for the violation.
2 SS3367
Sec. 8-6-3 Sale or Lease of Bicycles
A. A dealer commits an offense if the dealer sells a bicycle or any bicycle side car,
trailer, or child carrier without having a sign conspicuously posted on the
dealer's premises, in the form, location, and manner approved by the Chief of
Police, notifying all customers that it is a City Ordinance violation to operate or
ride upon a bicycle without a helmet.
B. A dealer commits an offense if the dealer leases a bicycle or any bicycle side
car, trailer, or child carrier without:
1. providing a helmet to each persen who will operate or ride upon the
bicycle or bicycle side car, trailer, or child canier; or
2. determining through physical observation that a helmet is in the
possession of each person who will operate or ride upon the bicycle or
the bicycle side car, trailer, or child canier.
Sec. 8-6-4 Penalty
An offense under this Article is punishable by a fine not to exceed:
1. Ten ($10.00) dollars for the first offense;
2. Twenty-five ($25.00) dollars for the second offense; and
3. Fifty ($50.00) dollars for the third and each subsequent offense."
SECTION 2. That all provisions of the Code of Ordinances of the City of Coppell, Texas, in
conflict with the provisions of this Ordinance be, and the same are hereby, repealed, and all other
provisions not in conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 3. That should any word, phrase, paragraph, section or phrase of this ordinance or
of the Code of Ordinances, as amended hereby, be held to be unconstitutional, illegal or invalid, the
same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other
than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the
Code of Ordinances as a whole.
3 SS3367
SECTION 4. An offense committed before the effective date of this ordinance is governed by
prior law and the provisions of the Code of Ordinances, as amended, in effect when the offense was
committed and the former law is continued in effect for this purpose.
SECTION 5. That any person, firm or corporation violating any of the provisions or terms of
this ordinance or of the Code of Ordinances, as amended hereby, shall be guilty of a misdemeanor and
upon conviction in the Municipal Court of the City of Coppelt, Texas, shall be subjected to a fine in
accordance with that established by this ordinance.
SECTION 6. That this ordinance shall take effect on January 1, 1997 from and after its
passage and the publication of the caption, as the law and chatter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the f-)~' ~ day of
, :,' t,c ,:;;i~c, ,1996.
APPROVED:
TOM MORTON, MAYOR
ATTEST:
KATHLEEN ROACH, CITY SECRETLY
APPROVED AS TO FORM:
P(~G. SMI]C~~ffYATTORNEY
(pGS/dlw 11/15/96)
4 SS3367