(a) Purpose.
The purpose of this section is to protect children
who operate or ride upon a bicycle or any side car, trailer, child
carrier, seat, or other device attached to a bicycle.
(b) Helmet required.
(1) A child ten (10) years of age or older commits an offense if the
child operates or rides a bicycle or rides in a side car, trailer,
child carrier, seat, or other device attached to a bicycle unless
the child is wearing a helmet.
(2) A parent commits an offense if the parent allows a child under ten
(10) years of age to operate or ride a bicycle or ride in a side car,
trailer, carrier, seat, or other device attached to a bicycle unless
the child is wearing a helmet.
(3) It is presumed that a parent allowed a child under ten (10) years
of age to operate or ride a bicycle or ride in a side car, trailer,
carrier, seat, or other device attached to a bicycle without wearing
a helmet.
(4) It is a defense to prosecution that the bicycle was not being operated
upon a public way at the time of the alleged offense.
(c) Carrying passengers.
(1) A person commits an offense if the person operates a bicycle on a
public way carrying on the bicycle more persons at one time than the
number of persons for which the bicycle is designed and equipped.
(2) It is a defense to prosecution under this subsection that the person
being carried was in a child carrier, side car, or trailer specifically
designed and manufactured for the purpose of carrying or pulling a
passenger on, beside, or behind a bicycle and that the carrier, side
car, or trailer was equipped with a harness to hold the person securely
in the seat and that protection was provided to keep the feet or hands
of the person from hitting the spokes of the wheel of the bicycle.
(d) Penalty.
(1) A person who violates a provision of this section shall be guilty
of a class C misdemeanor and upon conviction shall be fined an amount
not less than $1.00 nor more than $50.00 upon the first conviction
and an amount not more than $100.00 upon the second and each subsequent
conviction.
(2) The municipal court may dismiss a charge against a person for a first offense under subsection
(b) of this section upon receiving proof that:
(A) The defendant acquired a helmet for the child who was operating or riding in violation of subsection
(b) of this section; and
(B) The defendant acquired the helmet on or before the 10th day after
receiving the citation for the violation.
(3) Upon the appearance of a person for violation of subsection
(b) or
(c) of this section for the first time, the municipal court may dismiss the charge if:
(A) The court requires the defendant to attend a bicycle safety course
approved by the court; and
(B) Not later than the 90th day after the date of the appearance, the
defendant presents to the court, in the manner required by the court,
evidence of satisfactory completion of the required bicycle safety
course.
(4) If the charge against a person is dismissed under (2) or (3) of this subsection, a later conviction under subsection
(b) shall be considered a second or subsequent conviction for purposes of subsection
(1) of this subsection.
(5) 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 article 45.54 of the Texas Code of Criminal
Procedure, whenever the circumstances warrant deferred dispositions.
(Ordinance adopting 2012 Code)