OR 97-810 Wear helmet while operating or riding a bicycle AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 97810
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING THE CODE OF ORDINANCES OF THE CITY OF COPPELL,
TEXAS BY AMENDING SECTION 8-6-1 TO AMEND THE DEFINITION OF
CHILD AND HELMET; BY AMENDING SECTION 8-6-2 TO REQUIRE A
PERSON WHO IS FOURTEEN (14) YEARS OF AGE OR YOUNGER TO
WEAR A HELMET WHILE OPERATING OR RIDING AS A PASSENGER
ON A BICYCLE; MAKING IT AN OFFENSE FOR A PARENT OR
GUARDIAN TO ALLOW A CHILD TO OPERATE OR RIDE UPON A
BICYCLE WITHOUT A HELMET IN VIOLATION OF THIS ORDINANCE;
PROVIDING DEFENSES; PROVIDING A SAVINGS CLAUSE; PROVIDING
A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE;
PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF
TEN DOLLARS ($10.00) FOR FIRST OFFENSE, TWENTY-FIVE ($25.00)
FOR SECOND OFFENSE, AND THE SUM OF FIFTFY ($50.00) FOR THIRD
OFFENSE AND SUBSEQUENT OFFENSE; AND PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE 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, Section 8-6-1, Section 8-6-2 and Section 8~6.4 in part to
read as follows:
"See. 8-6-1 Definitions
Child. Shall mean any person fourteen (14) years ofage or younger.
ltelmet. Shall mean a properly fitted bicycle helmet that is not structurally damaged
and that conforms to the standards of the American Society for Testing and Materials,
the Snell Memorial Foundation or any federal or state agency having regulatory
jurisdiction over bicycle hehnets, as applicable, at the time of the manufacturer of the
helmet.
Sec. 8-6-2 Bicycle Helmet Required
A. A person who is a child, commits an offense if the person operates or rides as a
passenger on a bicycle, any side car, trailer, child carrier, seat, or other device
attached to a bicycle within the limits of the City without wearing a helmet.
B. A parent or guard'tan of a child commits an offense if such person knowingly
causes or permits, or by insufficient control allows, the child to operate or ride
upon a bicycle, any side car, trailer, child carrier, seat, or other device attached
to a bicycle in violation of(A) above.
C. A person older than fourteen ( 14 ) years of age is not required to wear a helmet
while operating or riding as a passenger on a bicycle, any side car, trailer, child
carrier, seat, or other device attached to a bicycle within the City.
D. It is a defense to the prosecuf~on under Subsection (A) or (B), that:
1. the bicycle is not being operated upon a public way at the time of the
alleged offense;
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 the municipal court for a charge of violation of this
Section;
3. the person presents to the court a statement fi'om a licensed physician
stating that for a medical reason the person should not wear a helmet;
OF
4. the person presents to the Court satisfactory proof that because of
religious beliefs the person should not wear a helmet.
See. 8-6-4 Penalty
An offense under this Article is punishable as follows:
1. Community service or Ten ($10.00) dollars for the first offense;
2. Community service or Twenty-Five ($25.00) dollars for the second
offense; and
3. Community service or Fifty ($50.00) dollars for the third and
subsequent offense.
2 SSl1289
SECTION 1. 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 provisions 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.
SECTION 4. An offense committed before the effective date of this ordinance is govemed 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 Coppell, Texas, shall be subject to a fine in
accordance with the penalty provided in this ordinance.
SECTION 6. That this ordinance shall take effect from and after its passage, and the
publication of the caption of said ordinance, as the law and charter in such cases provide.
3 SS11289
DULY PASSED by the City Council of the City of Coppell, Texas, this the ~"¢~/ day of
_~, ~/( ~,~ J,~ ,' 1997.
ATTEST:
KATHLEEN ROACH, CITY SECRETARY
APPROVED AS TO FORM:
PETER G. SMITH, CITY ATTORNEY
(PGS/ttl 9/3/97)(ver 2)
4 SS11289