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West University Place Bicycle Laws |
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Written by Administrator
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Wednesday, 01 January 2003 |
The following is from The City of West University Place city codes.
Chapter 13 - Motor Vehicles and Traffic
Sec. 13.042. Bicycle helmets.
(a) Definitions. In this section, the following words and terms
shall have the meanings set out below, unless the context clearly
indicates another meaning:
(1) “Child” means any person under 18 years of age.
(2) “Helmet” means a properly fitted bicycle helmet
meeting both these criteria: (i) it is not structurally damaged and
(ii) at the time of its manufacture, it conformed 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 regulatory jurisdiction over bicycle helmets, as
applicable.
(3) “Parent” means the natural or adoptive parent or court-appointed guardian or conservator of a child.
(4) “Public way” means any property that is publicly
owned or maintained, including, but not limited to, a "street area” as
defined in this Code, a publicly maintained trail, and any public parks
facility.
(5) “Wearing a helmet” means that the person has a
helmet fastened securely to his head with the straps of the helmet
securely tightened, as intended by its manufacturer.
(b) Helmet required. It shall be unlawful: (i) for any child to
operate or ride upon a bicycle or any side car, trailer, child carrier,
seat or other device attached to a bicycle unless the child is wearing
a helmet, or (ii) for a parent to suffer or permit a child under 14
years of age to operate or ride upon a bicycle or any side car,
trailer, carrier, seat or other device attached to a bicycle unless the
child is wearing a helmet.
(c) Defenses. It is an affirmative defense to prosecution under
this section that: (i) the bicycle was not being operated upon a public
way at the time of the alleged offense, or (ii) in the case of a first
offense only, the person owns or has acquired a helmet prior to the
court hearing and promises the court that the helmet will be used in
the future.
(d) Penalties. Any person who violates this section shall be
guilty of a misdemeanor and upon conviction shall be fined an amount
not exceeding $50.00 upon first conviction and an amount not exceeding
$100.00 upon the second and each subsequent conviction. The purpose of
this section is to encourage the use of helmets. In keeping with that
purpose, the municipal courts are urged to consider deferred
dispositions under the Texas Code of Criminal Procedure whenever the
circumstances warrant. Conditions of the deferral may include that the
defendant, if financially able, has obtained a helmet.
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