Hike and Bike System Master Plan Hike and Bike System Master Plan | Page 243

HIKE AND BIKE SYSTEM MASTER PLAN
DRAFT City of Arlington Bicycle Ordinance ( continued )
( c ) sounds a horn , shouts or otherwise directs sound toward any person riding a bicycle for the purpose of frightening or disturbing the person riding the bicycle ; or ( d ) knowingly engages in conduct that creates a risk of death or serious physical injury to the person riding a bicycle .
2 . Any motor vehicle passing a bicyclist must allow a clearance of 3 feet from the farthest extent of the vehicle to the bicycle on all roadways .
ARTICLE 4 . BICYCLE HELMETS .
HELMET REQUIRED . 1 . A child may not operate or ride on a bicycle , sidecar , trailer , child carrier , seat , or other device attached to a bicycle unless the child is wearing a helmet . 2 . A parent may not permit a child to operate or ride on a bicycle , sidecar , trailer , child carrier seat , or other device attached to a bicycle unless the child is wearing a helmet .
3 . Under this section , a helmet must : ( a ) be properly fitted and securely fastened to the child ’ s head with the straps securely tightened ; ( b ) not be structurally damaged ; and ( c ) conform to the standards of the American National Standards Institute , the America Society for testing and Materials , the Snell Memorial Foundation , or a federal agency with regulatory jurisdiction over bicycle helmets at the time of the manufacture of the helmet .
4 . In no situation can citations be issued to both a parent and a child for a single violation of this ordinance arising out of a single incident .
5 . It is a defense to prosecution that the bicycle was not being operated upon a public way at the time of the alleged offense .
APPROVAL OF STANDARDS .
1 . The city council approves the bicycle helmet standards promulgated by the American National Standards Institute , the American Society for Testing and Materials , and the Snell Memorial Foundation .
HEALTH CONDITION EXEMPTION . 1 . A child is not required to wear a helmet if the child has in its immediate possession a health exemption identification prescribed by this section . 2 . The city manager shall provide a health exemption identification to a child with a written statement : ( a ) from a licensed physician that states the child ’ s health condition and explains why th condition prevents the child from wearing a helmet ; and
3 . The city manager shall establish procedures to implement this section .
CIVIL ACTIONS . 1 . The city council adopts this article to encourage bicycle safety through the use of helmets and through the promotion of educational efforts .
2 . The city council does not intend this article to be used in a manner to prejudice a person , child , or parent in a civil action arising out of a bicycle accident . The council encourages construction of this article accordingly .
Appendix C : Hike & Bike Policies | C-13