HomeMy WebLinkAboutOrdinance 94.17 Regulating the use of bycycle helmets for minors
ORDINANCE NO. 94.17
AN ORDINANCE OF THE TOWN OF MARANA, ARIZONA, REGULATING THE USE
OF BICYCLE HELMETS FOR MINORS.
WHEREAS, the Council of the Town of Marana is empowered to establish regulations
within the corporate limits deemed necessary to provide for the peace, health, and safety of the
Town of Marana; and
WHEREAS, statistics have shown that the use of bicycle helmets greatly reduce the risk
of death and serious head injury to bicyclists when involved in accidents;
NOW, THEREFORE BE IT ORDAINED by the Mayor and Town Council of the Town
of Marana, Arizona:
SECTION 1:
Use of Bicycle Helmets for Minors
A. Requirement for helmet use: No person under 18 years of age shall ride a bicycle or
be a passenger on a bicycle, ride in a restraining seat attached to a bicycle, or ride in a
device towed by a bicycle unless that person is wearing a properly fitted and fastened
bicycle helmet which meets the current standards of the American National Standards
Institute for protective headgear.
B. Bicycle renters and sellers: It shall be unlawful for any person to rent or lease any
bicycle to or for use of a person under the age of 18 years unless:
1. the person is in possession of a protective helmet meeting the standards set out
in Section A at the time of such rental or lease; or
2. the rental or lease includes a protective bicycle helmet meeting the standards set
out in Section A and the person agrees to wear the helmet at all times while
operating or riding as a passenger on the bicycle.
C. Written explanation of provisions: A person regularly engaged in the business of
selling bicycles shall provide any purchaser of a bicycle with a written explanation, either
on the receipt of sale or on a separate form indicating receipt of a written explanation of
the provisions set forth in Section A.
D. Civil Penalties: Any person in violation of this section shall be found guilty of civil
infraction and be required to pay a minimum fine of $50.00 which cannot be suspended
except pursuant to subsection E.
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E.
Waiver of fine: The penalty provided in this section for a violation of Section A may
be waived if an offender presents suitable proof that an approved helmet has been
purchased or otherwise obtained since the time of the violation and that the minor uses
or intends to use said helmet whenever required to do so by this section.
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SECTION 2: All ordinances and parts of ordinances in conflict with the provisions of
this ordinance are hereby repealed, effective as the effective date of this ordinance.
SECTION 3: Repeal of all ordinances and parts of ordinances in conflict with the
provisions set forth herein does not affect rights and duties that have matured or penalties that
were incurred and proceedings that were begun before the effective date of that repeal.
SECTION 4: If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any court
of competent jurisdiction, such decision shall not affect the validity of the remaining portions
thereof.
SECTION 5: The Marana Police Department shall have the duty to provide for
enforcement of this Ordinance. The various Town officers and employees are authorized and
directed to perform all acts necessary or desirable to give effect to this ordinance.
PASSED, ADOPTED AND APPROVED by the Mayor and Council of the Town of
Marana, Arizona, this ~ day of \l~(!PPAher ' 1994.
au.'f!r~
Mayor Ora Ham '
~ A:~~
Uaniel J. Hochuli
Town Attorney
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