WHEREAS, the King County Board of Health adopted a regulation in 1992 providing for the mandatory wearing of bicycle helmets in King County outside the City of Seattle; and

WHEREAS, with the merger of the Seattle and King County Boards of Health, regulation of bicycle helmets in Seattle now is within the jurisdiction of the King County Board of Health (the "Board of Health"); and

WHEREAS, the Board of Health has proposed an amendment to its regulations extending the regulation providing for the mandatory wearing of bicycle helmets to the City of Seattle; and

WHEREAS, the Board of Health has found that head injuries are a major cause of death and disability associated with the operation of a bicycle on public roadways and bike paths, that bicycle helmets have been shown to prevent head injuries suffered by bicycle riders during a crash or fall, and that evidence from other jurisdictions demonstrates that legislation mandating helmet usage is effective in increasing helmet use; and

WHEREAS, the Board of Health recognizes that mandatory helmet laws must be coordinated with education programs, provisions for low or no cost helmets for those who would find it a hardship to purchase a helmet, and other incentive and encouragement programs; and

WHEREAS, Public Health-Seattle and King County (the "Department"), the Seattle School District, the Seattle Police and Fire Departments, and organizations that promote bicycling intend to carry out education and incentive programs in conjunction with this legislation; and

WHEREAS, low or no-cost helmets can be obtained from the Brain Injury Association, the Cascade Bicycle Club, the Head Injury Hotline, Helmets R Us, the Odessa Brown Children's Clinic, Prorider.com, Think First of Washington, and the University of Washington Hall Health Primary Care Center.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEATTLE, THE MAYOR CONCURRING, THAT:

The Seattle City Council supports approval of extending the mandatory bicycle helmet regulations known as "King County Bicycle Helmet Regulations" in the King County Board of Health Code to the City of Seattle with the following conditions and amendments:

1. The Board direct the Department to encourage, support, and coordinate extensive education and effective incentive programs, and to ensure that the availability of free or low-cost helmets is widely publicized.

2. The Board consider an amendment with the following language: "The failure of a bicyclist or passenger on a bicycle to wear a helmet does not constitute negligence per se, nor reduce the amount of damages that may be payable in a civil action for personal injuries sustained by a bicyclist or a bicycle passenger, or in the event of either's death, by the survivor of a deceased bicyclist or bicycle passenger."

3. The Board include an amendment to Subsection 9.15.010 F of the King County Board of Health Code with the following language: "Alternatively, the person issued a notice of infraction may supply the Court with such proof by mail, and the Court, at its discretion, may elect to dismiss the notice of infraction without costs, or, if not satisfied with this proof, may require a personal appearance." The Council suggests that requiring a court appearance in order to obtain dismissal of the notice may be a hardship for persons attending school or working, and suggests that this addition should mitigate that while protecting the Court's prerogative to require a personal appearance.

Adopted by the City Council the _____ day of _______________, 2003, and signed by me in open session in authentication of its adoption this _____ day of _______________, 2003. ________________________________________ President of the City Council

THE MAYOR CONCURRING: ________________________________________ Mayor

Filed by me this _____ day of _______________, 2003. ________________________________________ City Clerk

Date 05/23/03 V 5 ta