Bicycle Helmets

USE OF BICYCLE HELMETS BY PERSONS AGED 14 YEARS AND UNDER
ORDINANCE NO. 3/1997
Adopted: January 16, 1997

An Ordinance to require the use of bicycle helmets by persons aged 14 years and under.

THE CHARTER TOWNSHIP OF CASCADE ORDAINS:

Purpose.

Section 1. The Charter Township of Cascade hereby finds and declares that:
A. Injuries sustained in bicycling accidents are a threat to the public health and safety of the citizens of Cascade Township, and the prevention of such injuries is a goal of our community; and
B. Head injuries can result from bicycling accidents: and
C. The risk of head injury from bicycling accidents is significantly reduced for bicyclists who wear proper protective bicycle helmets.

Definitions.

Section 2. As used in this Ordinance, the following terms have the following meanings, unless the context clearly requires otherwise.

A. "Operator" means a person who travels on a bicycle seated on a saddle seat from which that person is intended to and can pedal the bicycle.
B. "Passenger" means any person who travels on a bicycle in any manner except as an operator.
C. "Protective bicycle helmet" means a piece of headgear which meets or exceeds that impact standards for protective bicycle helmets set by the American National Standards Institute (ANSI) or the Snell Memorial Foundation, or which is otherwise approved by the Township.
D. "Public bicycle path" means a right-of-way under the jurisdiction of the state, county or township for the use primarily by bicycles and pedestrians.

General requirements regarding bicycle helmets.

Section 3.

A. No person aged fourteen (14) years or under shall operate or be a passenger on a bicycle on a public roadway, sidewalk, or public bicycle path unless at all times when the person is so engaged he or she wears a protective bicycle helmet of good fit fastened securely upon the head with the straps of the helmet.
B. No person shall rent or lease, a bicycle for the use of another person aged fourteen (14) years or under unless that other person is in possession of a protective bicycle helmet of good fit at the time of such rental or lease.

Enforcement.

Section 4.

A. A person who violates a requirement of Section 3 prior to January 1, 1998, shall be warned of the violation but no written notice will be issued their parents or legal guardian.
B. Any deputy sheriff or designated township employee observing a person operating or being a passenger upon a bicycle without wearing a protective bicycle helmet and reasonably believing the person to be aged fourteen (14) years or under may stop this person for purposes of establishing their identity. Once their identity is established the person is free to go about their intended activities.
C. If the person is aged fourteen (14) years or under and is operating or being a passenger upon a bicycle without wearing a protective bicycle helmet, the deputy sheriff or designated township employee must report the person's name to the Township Manager. The Township Manager will then write a notice to the person's parents or legal guardian informing them that their child was stopped by Cascade Charter Township because they were operating or were a passenger upon a bicycle without wearing a protective bicycle helmet. The notice will include information which advocates the use of bicycle helmets as a means to reduce closed head injuries.
D. Beginning January 1, 1998, a violation of Section 3B is a civil infraction punishable by a fine of not more than Fifty Dollars ($50).

Effective date.

Section 5. This ordinance shall become effective upon publication.

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