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CITY AND BOROUGH OF SITKA

DRAFT

1. CLASSIFICATION. This ordinance is of a permanent nature and is intended to become a part of the Sitka General Code.

2. SEVERABILITY. If any provision of this ordinance or any application thereof to any person or circumstance is held invalid, the remainder of this ordinance and application thereof to any person or circumstances shall not be affected thereby.

3. PURPOSE. Studies have shown that if young people wear proper helmets while bicycling, skating, or skateboarding, it makes them safer. These studies show that youth wearing certified protective helmets that are properly sized and properly worn have prevented or limited serious head injuries and death while bicycling, skating, skateboarding, and riding similar vehicles. In 2000, the Alaska Trauma Registry shows that 68 Alaskan youth were hospitalized due to bicycle injury; 14 of them were from Southeast Alaska. Each head injury costs the community approximately $218,000, according to National SAFEKIDS, which also has estimated that every dollar spent on a helmet that is worn saves the community $30 in direct medical expenses. Despite the overwhelming evidence of the need to wear certified protective helmets, many children do not wear them while bicycling, skating, skateboarding, and riding similar vehicles. Requiring minors to wear and properly fasten a certified protective helmet of appropriate fit is needed to foster greater and continued use of certified protective helmets. The ordinance provides that the fine can be forgiven upon acquisition of a properly fitted certified protective helmet, or for first-time violators who are not properly wearing a certified protective helmet, because this will serve as an incentive to get youths and their parents to comply with the helmet requirements set out in this ordinance. The Assembly intends with the passage of this ordinance that the proceeds of the fines received under this ordinance be used to support the purchase and the distribution of additional helmets.

4. ENACTMENT. NOW, THEREFORE, BE IT ENACTED by the Assembly of the City and Borough of Sitka that Title 11, Vehicles and Traffic, of the Sitka General Code be amended by adding a new Chapter 11.70, Helmet requirements for young persons riding certain vehicles, to read as follows:

Section 11.70.010 Helmet requirements for young persons riding certain vehicles.

A. It shall be unlawful for any person under eighteen (18) years of age to operate or ride upon in-line skates, skateboards, scooters, coasters, toy motorized vehicles, gasoline or electric motor-driven cycles or scooters, bicycles, tricycles, unicycles, or any similar vehicles on any public property or private property that is open for public use within the City and Borough of Sitka, including highways, streets, roads, bike-ways or trails , or rights-of-way, unless that person wears a certified protective helmet that is properly fitted and that is properly fastened. This requirement also applies to any minor who rides in a restraining seat, trailer, backpack or similar child-restraining device, used by someone who operates in-line or roller skates, skateboards, scooters coasters, toy motor vehicles, gasoline or electric motor-drive cycles or scooters, bicycles, tricycles, unicycles, or any similar vehicles. A parent or guardian having control or custody of an unemancipated minor whose conduct violates this section shall be liable for the fine imposed by this section.

B. No parent or guardian of any unemancipated minor shall allow the minor to violate this section.

C. A certified protective helmet is a helmet containing a manufacturer certification that meets the standards of the American National Standards Institute, American Society for Testing and Materials (ASTM) or the United States Consumer Product Safety Commission (CPSC).

D. For the first violation of this section, the individual cited will be given the opportunity to correct the citation by providing proof to the Sitka Police Department that a helmet was purchased or acquired otherwise for the minor. If such evidence is presented, the City and Borough or Court shall dismiss such citation. The fine for a violation of this section following a citation that has been dismissed based on the previous two sentences or sustained shall be $25.00. The fine for a violation that follows a violation that has resulted in a $25.00 fine shall be $50.00.

5. EFFECTIVE DATE. This ordinance shall become effective on the day after the date of its passage.

PASSED, APPROVED, AND ADOPTED by the Assembly of the City and Borough of Sitka, Alaska this ___day of _______, 2005.

ATTEST:


Colleen Pellett, CMC
Municipal Clerk