SR 05:265 - Laserfiche WebLink

at the park. Among the rules is the requirement that all participants wear helmets.' Despite the helmet rule, some participants are not wearing helmets. To address this situation and to provide the Police Department with express authority to enforce the rule, the Police Department requested that the Pleasanton Municipal Code ("PMC") be revised to expressly require that participants at the BMX park wear bicycle helmets. Reference to Bicvcle Ridinl! and Helmets in the Pleasanton Municipal Code and State Law Chapter 13.08 of the PMC provides rules and regulations for the use of City parks and recreation facilities. PMC section 13.08.200 addresses the operation of bicycles in parks and recreation facilities.2 Section 13.08.200 provides that "no person shall ride or operate a bicycle or mountain bike3 in any park and recreation facility in a negligent, unsafe or reckless manner or in any way that endangers the life, limb or property of any person." (PMC SI3.08.200(a)) In this case, any person who rides a bicycle at the City's BMX facility would need to comply with PMC SI3.08.200(a). Specifically, any person who rides a bicycle without a helmet at the BMX facility could be in violation ofPMC SI3.08.200(a)) because when a person rides without a helmet at the BMX park, the person might be said to be operating the bicycle in a negligent, unsafe or reckless manner. Despite the implicit requirement in PMC section 13.08.200 that bicyclists at the BMX facility ride safely (i.e., by wearing helmets)), the Police Department has requested that the PMC expressly require that persons riding bicycles at the BMX park wear bicycle helmets to ensure the safety of participants. Riding a bicycle at a municipal recreation facility, like the BMX facility, is characterized as a hazardous recreation activity by state law. California Government Code section 831.7 provides that, with enumerated exceptions, public entities are not liable to persons who participate in hazardous recreation activities. Section 831.7 defines hazardous recreational activities to include recreational activities conducted on public property which create a substantial risk of injury to participants and spectators. Under this definition, BMX riding would be considered a recreational activity that creates a substantial risk of injury to participants and spectators. Section 831.7 also expressly includes as hazardous recreational activities bicycle racing, bicycle jumping and mountain bicycling. BMX riding would also be included in these categories and therefore would be considered a hazardous recreation activity pursuant to Government Code Section 831.7. In addition to categorizing BMX riding as a hazardous recreational activity, the California legislature has addressed bicycle riding by requiring that bicyclists wear helmets on streets, bikeways, and bicycle paths or trails. California Vehicle Code section 21212 provides that persons under the age of 18 years shall not ride a bicycle, nonmotorized scooter, or skateboard upon a street, bikeway, public bicycle path or trail unless they are wearing a properly fitted and I Safety equipment, including gloves, elbow kneepads, shin guards, and chest and shoulder protectors are recommended, but not required. 2 PMC Chapter 11.52 also regulates bicycles, but does not address the use of helmets. 3 As discussed later in the staff report, the ordinance proposed deletes the reference to '"mountain bike". SR 05:265 Page 2 of2