City of Beachwood Traffic Code
The city of Beachwood, Ohio, has enacted Bicycle Helmet Legislation. Their law is included here to be used as a sample for more such laws and as an example of legislation that has been successful.
City of Beachwood
Ordinance No. 1990-123
AN ORDINANCE AMMENDING SECTION 474.02 TO REQUIRE PERSONS
UNDER AGE 16 RIDING BICYCLES TO WEAR PROTECTIVE HELMETS
WHEREAS, the Council has been informed that many serious and disabling injuries to children can be avoided if children wear protective helmets while riding bicycles; and
WHEREAS, the Council is desirous of adopting new regulations to protect person under 16 from such injuries.
NOW, THEREFORE, BE IT ORDAINED, by the Council of the City of Beachwood, County of Cuyahoga, and State of Ohio;
Section 1. That Section 474.02 be and the same is hereby amended by adopting Section 474.02 (g) as follows:
SAFETY REGULATIONS FOR OPERATORS OF BICYCLES, MOTORCYCLES AND SNOWMOBILES
- No person under the age of 16 years shall operate a bicycle, or ride as a passenger on a bicycle equipped with a passenger seat, within the City unless such person are wearing a protective helmet on their head, with the chin strap fastened under the chin. Such helmet shall be fitted to the size of the operator and shall meet or exceed the standards set by American National Standards Institute (ANSI) or Snell Memorial Foundation (SNELL). This Ordinance shall not apply to any person riding a bicycle or as a passenger on a bicycle on property zoned class U-1 where such person resides.
- No parent, guardian, or person acting for the parent shall permit a person under 16 years of age to violate Section 474.02 (g).
- Any person under the age of 16 years found in violation of this Section
- shall be informed by the police of the violation and of the severe injuries which may result when an accident occurs to a child not wearing a helmet. The police may take possession of the bicycle and hold it until the parent, guardian, or person acting on behalf of the child claims the bicycle and is informed by the police of the violation and the severe injuries which may result.
- It shall be an affirmative defense to a violation of this section that the parent, guardian, or person acting on behalf of a parent or guardian made a good faith effort to purchase a helmet for the minor but was unable to do so as the result of the unavailability of a helmet meeting the requirements in this section.
- Any parent, guardian, or person acting on behalf of a parent under the age of 16 years, who permits such a person under age 16 to operate or be a passenger on a bicycle in the City, on public or private property, in violation of the Section shall be fined mot more than $25.00.
Section 2. That former Section 474.02 paragraphs (a) through and including (f) are hereby readopted.
Section 3. That is found and determined that all formal actions of this Council concerning and relating to the passage of this Ordinance were adopted in an open meeting of the Council and that all deliberations of this Council and of any of its committees that resulted in such formal action, were in meetings open to the public, in compliance with all legal requirements.
Section 4. This Ordinance is hereby declared an emergency measure immediately necessary for the public peace, health, safety and welfare, and for the further reason that it is necessary to adopt this legislation and place it into effect at the earliest time for the protection of persons under the age of 16.
THEREFORE, this Ordinance shall take effect and be in force from and after the earliest date permitted by law.
Attest completed on December 3, 1990, and approval completed on December 4, 1990.
