Section VIII. Legislative Language

C. State of Maryland and Maryland Counties

4 . HOWARD COUNTY, MD. ORDINANCE

Introduced: 4-2-90
Public Hearing: 4-16-90
Council Action: 5-7-90
Executive Action: 5-18-90
Effective Date: 7-17-90

County Council of Howard County, Maryland

Legislative Day No. 4

Bill No. 28 *

Introduced by Charles C. Feaga

AN ACT adding new Subtitle 13, “Special Rules and Equipment for Bicycles” to Title 21 “Traffic Control and Transportation” of the Howard County Code to require the use of safety equipment for bicycle riders when operating a bicycle on public rights-of-way; to provide rules for the operation of a bicycle; and to allow for implementation of fines in certain situations AND TO MAKE THE PROVISIONS OF THIS ACT EFFECTIVE ON OCTOBER 1, 1990.

Section 1. Be it enacted by the County Council of Howard County, Maryland, that new Subtitle 13 “Special Rules and Equipment for Bicycles” of Title 21 “Traffic Control and Transportation” of the Howard County Code is added to read as follows:

TITLE 21. Traffic Control and Transportation

SUBTITLE 13. SPECIAL RULES AND EQUIPMENT FOR BICYCLES

SEC. 21.1300 POLICY

IT SHALL BE THE PUBLIC POLICY OF HOWARD COUNTY, MARYLAND, THAT THE COUNTY IS CONCERNED ABOUT THE SAFE OPERATION OF BICYCLES ON

PUBLIC RIGHTS-OF-WAY; AND FOR THIS REASON, IN ORDER TO PROTECT THE HEALTH, WELFARE AND SAFETY OF THE RESIDENTS OF THE COUNTY, IT IS NECESSARY, THAT REASONABLE REGULATIONS BE PROMULGATED TO PERMIT THE OPERATION OF BICYCLES IN A PRESCRIBED MANNER AND TO REQUIRE THE USE OF SAFETY EQUIPMENT DURING THEIR OPERATION, THESE REGULATIONS ARE IN ADDITION TO THE STATEWIDE BICYCLE REGULATIONS CONTAINED IN THE MARYLAND VEHICLE LAW. (sic)

SEC. 21.1301 SCOPE

(a) THE PROVISIONS OF THIS SUBTITLE SHALL BE APPLICABLE THROUGHOUT THE COUNTY ON PUBLIC RIGHTS-OF-WAY AND PUBLIC OWNED FACILITIES UNDER THE JURISDICTION OF THE COUNTY.

(b) THE PARENT, GUARDIAN OR LEGAL CUSTODIAN OF A MINOR SHALL NOT AUTHORIZE NOR KNOWINGLY PERMIT THE MINOR TO VIOLATE THIS SUBTITLE.

SEC. 21.1302 EQUIPMENT FOR BICYCLE RIDERS.

ANY PERSON OPERATING OR RIDING ON A BICYCLE ON A PUBLIC ROADWAY, BICYCLE PATH, OR ON ANY RIGHT-OF-WAY UNDER THE JURISDICTION AND CONTROL OF THE COUNTY SHALL WEAR A PROTECTIVE HELMET DESIGNED FOR BICYCLE SAFETY. SUCH HELMET SHALL MEET OR EXCEED THE STANDARDS SET BY THE AMERICAN NATIONAL STANDARDS INSTITUTE OR THE SNELL FOUNDATION.

SEC. 21.1303 USE OF SIDEWALKS AND PATHWAYS

(A) PURSUANT TO SECTION 21-1103 OF THE TRANSPORTATION ARTICLE, ANNOTATED CODE OF MARYLAND, A PERSON MAY RIDE A BICYCLE, PLAY VEHICLE, OR UNICYCLE ON A SIDEWALK OR PATHWAY.

SEC. 21.1304 PENALTY FOR VIOLATION

(a) THE PROVISIONS OF THIS SUBTITLE SHALL BE ENFORCED WITH CIVIL PENALTIES PURSUANT TO TITLE 24, “CIVIL PENALTIES”, OF THE HOWARD COUNTY CODE. A FIRST OFFENSE VIOLATION OF ANY OF THE PROVISIONS OF THIS SUBTITLE SHALL CONSTITUTE A CLASS E OFFENSE; AND UPON A SECOND OFFENSE VIOLATION OF THIS SUBTITLE WITHIN (12) MONTHS, SHALL CONSTITUTE A CLASS D OFFENSE.

(b) THE COURT MAY WAIVE ANY FINE FOR WHICH A PERSON FOUND GUILTY OF VIOLATING THE PROVISIONS OF SECTION 21.1302 OF THIS SUBTITLE WOULD BE LIABLE, IF THE PERSON SUPPLIES THE COURT WITH PROOF THAT BETWEEN THE DATE OF VIOLATION AND THE APPEARANCE DATE FOR SUCH VIOLATION, THE PERSON PURCHASED A HELMET WHICH MEETS THE REQUIREMENTS OF SECTION 21.1302 OF THIS SUBTITLE.

SEC. 21.1306 SEVERABILITY

IF ANY WORD, CLAUSE, PARAGRAPH OR SECTION OF THIS SUBTITLE SHALL BE RULED INVALID OR UNCONSTITUTIONAL BY A COURT OF COMPETENT JURISDICTION, IT SHALL NOT AFFECT THE VALIDITY OF THIS SUBTITLE AS A WHOLE OR ANY PART THEREOF OTHER THAN THAT PORTION SO JUDGED TO BE INVALID OR UNCONSTITUTIONAL.

SECTION 2. AND BE IF FURTHR (sic) ENACTED BY THE COUNTY COUNCIL OF HOWARD COUNTY, MARYLAND, THAT THE PROVISIONS OF THIS ACT SHALL BECOME EFFECTIVE ON OCTOBER 1, 1990.

Section 3. And be it further enacted by the County Council of Howard County, Maryland, that this act shall become effective 60 days after its enactment.


Council Action: 7-30-90
Executive Action: 8-2-90

County Council of Howard County, Maryland

Legislative Day No. 11

Bill No. 58

Introduced by C. Vernon Gray

Co-sponsored by Paul Farragut

AN ACT amending Section 21.1302, “Equipment for Bicycle Riders” of Subtitle 13, “Special Rules and Equipment for Bicycles” of Title 21 “Traffic Control and Transportation” of the Howard County Code to limit the requirement for wearing helmets under certain conditions to persons less than 16 years of age.

Section 1. Be it enacted by the County Council of Howard County, Maryland, that Section 21.1302, “Equipment for Bicycle Riders” of Subtitle 13 “Special Rules and Equipment for Bicycles” of Title 21 “Traffic Control and Transportation” of the Howard County Code is amended as follows:

TITLE 21. Traffic Control and Transportation

SUBTITLE 13. SPECIAL RULES AND EQUIPMENT FOR BICYCLES

Section 21.1302. Equipment for Bicycle Riders.

Any person LESS THAN 16 YEARS OF AGE operating or riding on a bicycle on a public roadway, bicycle path, or on any right-of-way under the jurisdiction and control of the County shall wear a protective helmet designed for bicycle safety. Such helmet shall meet or exceed the standards set by the American National Standards Institute or the Snell Foundation.

Section 2. And be it further enacted by the County Council of Howard County, Maryland, that this act shall become effective 60 days after its enactment.


* After the passage of this ordinance but before its effective date of October 1, 1990, the county council amended the ordinance to cover those under age 16; amending language follows.