HomeMy WebLinkAboutOrdinance 96.33 Amending chapter 12 of the town code
MARANA ORDINANCE NO. 96.33
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF MARANA, ARIZONA, AMENDING
CHAPTER 12 OF THE TOWN CODE OF THE TOWN OF MARANA ADDING ARTICLE 12-6-1
BICYCLE HELMETS FOR MINORS, AND REPEALING ALL RESOLUTIONS, ORDINANCES, AND
RULES OF THE TOWN OF MARANA IN CONFLICT THEREWITH.
WHEREAS, the Town of Maran a did adopt Chapter 12 of the Marana Town Code on March 19,
1996, which outlined regulations for the traffic administration and traffic control within the town limits of
Marana; and
WHEREAS, the Mayor and Council desire to amend Chapter 12 of the Marana Town Code to add
regulations requiring minors to wear bicycle helmets and have determined that the adoption of such an
ordinance is in the best interests of the citizens of the Town of Mar ana.
NOW, THEREFORE BE IT ORDAINED by the Mayor and Council of the Town of Marana,
Arizona, as follows:
Section 1: A new Article 12-6 shall be added to Chapter 12 of the Town Code as follows:
ARTICLE 12-6 BICYCLE HELMETS FOR MINORS
,,~
SECTION 12-6-1 REQUIREMENTS FOR HELMET USE
A. GENERAL: 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 WITHOUT
WEARING A 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 THE 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 12-6-1(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 12-6-1(A) AND THE
PERSON AGREES TO WEAR THE HELMET AT ALL TIMES WHILE
OPERATING OR RIDING AS A PASSENGER ON THE BICYCLE.
c.
WRITTEN EXPLANA nON OF PROVISIONS: A PERSON REGULARLY
ENGAGED IN THE BUSINESS OF SELLING BICYCLES SHALL PROVIDE ANY
Marana, Arizona Ordinance 96.33
Page 1 of3
(-
PURCHASER OF A BICYCLE WITH A WRITTEN EXPLANATION OF THE
PROVISIONS SET FORTH IN SECTION 12-6-1(A).
Section 2: The current Article 6 of Chapter 12 of the Town Code shall be redesignated as Article 7 and is
hereby amended by amending Section 12-7-4 and redesignating the current Section 12-7-4 as Section 12-7-
5, with additions shown by underline and deletions shown by strik-eout, as follows:
ARTICLE 7 PENALTIES
SECTION 12-7-4 VIOLATIONS OF ARTICLE 12-6
A. ANY PERSON IN VIOLATION OF ARTICLE 12-6 SHALL BE FOUND GUlL TY OF A
CIVIL INFRACTION AND BE REQUIRED TO PAY A MINIMUM FINE OF $50.00
WHICH CANNOT BE SUSPENDED EXCEPT PURSUANT TO SECTION 12-7-4(B).
B. THE PENALTIES PROVIDED IN THIS SECTION FOR A VIOLATION OF SECTION
12-6-1(A) MAYBE 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.
,..-
SECTION 12-7-5 Other Violations
It is a civil traffic violation for any person to do any act forbidden or fail to perform any act
required by this chapter, unless otherwise designated in this section or under state law. It
is a class 1 misdemeanor for any person to willfully fail or refuse to comply with any lawful
order or direction of the police department or any of its duly designated, qualified and acting
law enforcement agents.
Section 3. All ordinances and parts of ordinances in conflict with the provisions of this ordinance
are hereby repealed, effective as of 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
Marana, Arizona Ordinance 96.33
Page 2 of3
PASSED AND ADOPTED by the Mayor and Council of the Town of Maran a, Arizona this
3rd day of September, 1996.
Daniel J. Hochuli
Town Attorney
(...-
^".~
Marana, Arizona Ordinance 96.33
Page 3 of3
,;;;>.'~.(l ! t/jl..{l C: .~
C/, ,
I
Mayor ED HONEA