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Ordinance No. 2023-08 to Update Definition of Bicycles to Include Ebikes 1 (Approved 032823)Page 1 of 2 ORDINANCE NO. 2023-08 AN ORDINANCE of the City of Bainbridge Island, Washington, relating to bicycle safety and helmets; amending Section 10.30.020.A of the Bainbridge Island Municipal Code (BIMC) to update the definition of bicycles to include ebikes. WHEREAS, the Bainbridge Island Municipal Code requires all bicycle riders to wear helmets in public areas; and WHEREAS, the Bainbridge Island Municipal Code’s definition of bicycles does not include ebikes; and WHEREAS, the Bainbridge Island Municipal Code defines “recreational vehicle” as motorized skateboards, roller skates, roller blades, and scooters; and WHEREAS, the Bainbridge Island Municipal Code requires any person who operates or rides a recreational vehicle in public areas to wear helmets; and WHEREAS, policies requiring bike helmets have been associated with long-term, sustained bike helmet use and a 20%-55% reduction in head injuries according to a 2021 study by the Center for Disease Control and Prevention; and WHEREAS, in 2001, the City Council, and the residents of the City, established this municipal code section via Ordinance No. 2001-06 due to concern about the safety and welfare of bicycle riders on public rights-of-ways; and WHEREAS, when Ordinance No. 2001-06 was approved in 2001, ebikes were not a frequently used form of transportation but are now becoming more widely used, necessitating a change to the Section 10.30.020.A of the Bainbridge Island Municipal Code; and WHEREAS, in order to regulate helmets for users of ebikes in the same manner as other bicycles, the definition of bicycle needs to be updated to include electric-assisted bicyles. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. Section 10.30.020.A of the Bainbridge Island Municipal Code is hereby amended to read as follows: 10.30.020 Definitions A. “Bicycle” means every device propelled solely by human power, or an electric – assisted bicycle, upon which a person or persons may ride, having two tandem wheels Page 2 of 2 either of which is 16 inches or more in diameter, or three wheels, any one of which is more than 20 inches in diameter, and within this chapter shall include any attached trailers, side cars, and/or other device being towed by a bicycle. Section 2. Should any section, paragraph, sentence, clause, or phrase of this ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this ordinance be preempted by state or federal law or regulation, such decision or preemption shall not affect the validity of the remaining portions of this ordinance or its application to other persons or circumstances. Section 3. This ordinance shall take effect and be in force five (5) days from its passage and publication as required by law. PASSED by the City Council this 28th day of March, 2023. APPROVED by the Mayor this 28th day of March, 2023. Brenda Fantroy-Johnson, Mayor ATTEST/AUTHENTICATE: Christine Brown, MMC, City Clerk FILED WITH THE CITY CLERK: February 24, 2023 PASSED BY THE CITY COUNCIL: March 28, 2023 PUBLISHED: April 7, 2023 EFFECTIVE DATE: April 12, 2023 ORDINANCE NUMBER: 2023-08