April 2, 2012 Rachel Vincent Legislative Services April 12, 2012 \\ Jennifer Jennax A ),

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1 CITY COUNCIL INFORMATION REQUEST Information Request Number: Council Meeting Date: Author: Department: Date of Response: General Manager: April 2, 2012 Rachel Vincent Legislative Services April 12, 2012 \\ Jennifer Jennax A ), Question: A copy of the agenda report accompanying the bylaw requiring all cyclists to wear helmets was requested. Response: The bicycle helmet regulation, which is included in Traffic Bylaw 18/2005, came into effect July 1, 2006 and extended the provincial regulation on mandatory helmet use for all cyclists under 18 to all adults, with exceptions. Section 41(3) of Traffic Bylaw 18/2005, as amended, states: (3) No Person shall operate a Bicycle without wearing an Approved Helmet except for (a) (b) a Person for whom the wearing of a helmet would interfere with an essential religious practice; or a Person who is in the possession of, and produces on request to a Peace Officer, a valid certificate issued by a medical practitioner certifying that the Person is, for the period stated in the certificate, unable for medical reasons to wear a safety helmet. The first draft of Traffic Bylaw 18/2005, received as information on July 4, 2005, did not include the above-noted helmet provision. The report which was provided to Council in the Agenda Package for the July 4, 2004 meeting is attached, as per the Information Request. In accordance with the Municipal Government Act (MGA), a public hearing was scheduled for September 6, The Minutes of that date reflect that: "Administration was requested to provide information relative to helmet usage for inline skate, skateboard and bicycle users and the possibility of implementing regulations." The response to Information Request , attached, advised that both the Traffic Safety Act and the MGA allow municipalities to enact bylaws that would require people of all ages to wear helmets when using bicycles. The September 6 public hearing was adjourned to October 3, 2005 when Council, sitting as Committee of the Whole, recommended several amending motions to Council. Council subsequently deferred second reading until requested information had been provided. On February 6, 2006 Council made a number of additional amendments to the Bylaw, including: (C ) That Bylaw 18/2005 be amended by adding a new subsection to Section 41, as follows: "No person shall operate a Bicycle without wearing an approved helmet."; and that Schedule 10 - Offences be amended by adding under Part 5, the following as an Offence "Operating a Bicycle without an approved helmet - Section 41 - $100."

2 provided second reading to Bylaw 18/2005, and, given the amount of new information received since closure of the Public Hearing on October 3, called for the Hearing to be reopened prior to third and final reading. The Public Hearing was reopened on March 6, 2006, during which numerous amendments regarding helmet use were debated, including: (C ) That Section 41(3) be amended to read: "(3) No Person shall operate a Bicycle without wearing an Approved Helmet, except for: (a) a person for whom the wearing of a helmet would interfere with an essential religious practice; or (b) a person who is in the possession of, and produces on request to a Peace Officer, a valid certificate issued by a medical practitioner certifying that the person is, for the period stated in the certificate, unable for medical reasons to wear an approved safety helmet." In response to the suggestion of a resident and, for the sake of consistency, the exemptions from helmet use on medical and religious grounds for cyclists were extended to users of in-line skates and roller skates, as follows: (C ) That Section 40(2) be amended by deleting the period after the words "Approved Helmet" and adding the following: ", except for: (a) a person for whom the wearing of a helmet would interfere with an essential religious practice; or (b) a person who is in the possession of, and produces on request to a Peace Officer, a valid certificate issued by a medical practitioner certifying that the person is, for the period stated in the certificate, unable for medical reasons to wear an approved safety helmet." Subsequent to closure of the Public Hearing, the Traffic Bylaw received third reading on March 6, Attachments: Agenda Report dated July 4, 2005 Information Request

3 Agenda Item 8 CITY COUNCIL AGENDA REPORT Monday, July 4, 2005 Subject: Bylaw 18/2005 Traffic Bylaw Recommendations: 1. That Bylaw 18/200, being a bylaw to regulate traffic and highway usage within the City of St. Albert, be received for information. 2. That Bylaw 18/2005 be deferred to the Council Meeting on September 6, 2005, for first reading and public hearing. Report Summary: Administration's recent review of the City's current Traffic Bylaw [Bylaw 35/87, as amended ("Current Bylaw")] has revealed fundamental bylaw redundancies, inconsistencies and omissions that can only be rectified through an extensive redraft. Presented here for Council's consideration, the proposed Bylaw 18/2005 is the result of a collaborative effort by administration to address those deficiencies. Legislative History: Since being passed on December 21, 1987, the Current Bylaw has been amended a total of 11 times with the most recent amendment being passed on March 1, 1999 as Bylaw 11/99. Report: Members of Council, administration and the public have sought periodic changes to the Current Bylaw since its inception in amendments have been passed since the Current Bylaw's passing, and other changes have been suggested since the last (Bylaw 11/99). The impetus for a global amendment results in part from the fact that the Current Bylaw has never been consolidated. Because some of its provisions have been amended on more than one occasion, the Current Bylaw is exceptionally cumbersome to navigate and often, to enforce. Fundamentally, the Current Bylaw should be reorganized and renumbered - Bylaw 18/2005 accomplishes this task and in doing so, clears up numerous inconsistencies in the penalties schedule. The extensive signage provisions written into Bylaw 18/2005 mark a significant departure from the Current Bylaw. During the recent Land Use Bylaw review, administration surmised that since Bylaw 18/2005 will govern the use of public road right-of-ways, it should also govern the placement of signage thereon. As a result, Bylaw 18/2005 regulates signage on roadways and other public places, while the new Land Use Bylaw (Bylaw 9/2005) regulates signage on private land. Bylaw Services will now handle public and private land signage enforcement issues through ticketing and confiscation procedures. With respect to municipal election signage specifically, Council's motion (as amended) of June 20, 2005 to restrict such signage to certain enumerated roadways has also been incorporated into the new draft. mace-alibert- City Council Agenda City Council Agenda July 4, 2005/Page 1 July 4, 2005/ Page 1

4 Bylaw 18/2005 incorporates an extensive number of additional changes that rectify the Current Bylaw's remaining deficiencies. Because these changes are too numerous to duplicate in this report, it is recommended that Council closely examine the specific provisions of Bylaw 18/2005 and compare those with the Current Bylaw's provisions. In summary: definitions have been updated, expanded and where appropriate, brought in line with equivalent terms used under Provincial legislative provisions, the use of road bans has been enshrined, rules regarding the use of heavy vehicles and the transportation of dangerous goods within the City have been modified, slow-moving vehicle and off-highway vehicle restrictions have been added, speed limits in alleys and on private land accessible to the public (mall lots, for example) have been added, and the speed limits listed in Schedule 7 have been updated, transit zones have been restricted to the sole use of transit vehicles and pedestrians, comprehensive parking restrictions have been developed, including new sections pertaining to recreation vehicles, abandoned vehicles and mobile homes; additionally, parking on major roadways (enumerated in Schedule 8) has been prohibited, special rules for pedestrians and bicyclists have been developed, rules for storing confiscated obstructions and vendor stands have been set, the use of engine retarder brakes has been prohibited, and general enforcement provisions have been added. Conclusion: Bylaw 18/2005 is the result of ongoing consultations among Bylaw Services, Fire Services, Transit Services, Public Works, Planning and Development Services, Engineering Services and Legal Services administration with a focus on redressing the Current Bylaw's numerous shortcomings. Because of the new draft's manageable and comprehensive nature, administration is of the opinion that Bylaw 18/2005 is a marked improvement over the Current Bylaw. Attachments: 1. Bylaw 18/ Bylaw 35/87, as amended (Office Consolidation) Report Date Author Originating Department General Manager Review City Manager Review June 24,2005 G. Klenke Planning & Engineering Guy Boston Bill Holtby TjEiAllbort City Council Agenda City Council Agenda July 4, 2005/Page 2 July 4, 2005/ Page 2

5 CITY COUNCIL INFORMATION REQUEST Number: Author: Aaron Giesbrecht, Municipal Date: September 26, 2005 Enforcement Supervisor QUESTION: Department: Community and Protective Services Administration was requested to provide information relative to helmet usage for inline skate, skateboard and bicycle users and the possibility of implementing regulations. RESPONSE: In May of 2002 Alberta enacted the Traffic Safety Act, which made all cyclists under 18 years of age wear an approved bicycle helmet. The law applies to both passengers and riders, including children in bike trailers. The current fine is $69 and can be issued to the rider, youth or parent of youth. Persons using inline skates, skateboards and scooters are considered pedestrians and there is not a Provincial law in place that requires a person using this equipment to wear a helmet. The Traffic Safety Act and the Municipal Government Act both allow for a Municipality to enact Bylaws that would require people of all ages to wear helmets when using inline skates, skateboard and/or bicycles. Recent statistical information is limited. Capital Health authority conducted an Observational Study in 2000 (pre-traffic Safety Act) on helmet usage on bicycles. They will be conducting another study in the Spring/Summer of 2006 (post Traffic Safety Act). There is not very much information or statistics available regarding helmet use with inline skaters or skateboard users at this time. Bicycle Information Highlights for Alberta Bicycles (Compiled from Alberta Centre for Injury Control & Research and Capital Health Authority KIDSAFE Connection) In 2001, 461 emergency room visits were for head injuries related to bicycle injury. Assuming the bicycle-riding season in Alberta is six-months long, which means that more than 75 emergency room visits per month are due to bicycle-related head injuries. Research has shown that helmet use is associated with a reduction in head injuries by up to 85% and a decrease in brain injury by 88% as well as a 65% reduction in facial injury. In 1997 bicycle injuries were the 5 th leading cause of head injuries. Bike related injuries cost Canadians almost $200 million every year. For every $1 spent on a bicycle helmet, $30 is saved on health care costs. 77,2% of Alberta's parents support bicycle helmet regulation that would require all-age bicyclists to wear an approved bike helmet. (1997 survey of Alberta parents conducted by KIDSAFE Connection). 60.4% of respondents in the Traffic Safety Act discussion paper (Alberta Transportation & Utilities, June 1998) support bicycle helmet legislation.

6 Observational Study completed by KIDSAFE in 2000 reported the following: Children (12 and under) 75% were observed wearing a helmet. Adolescents (13-17) 29% were observed wearing a helmet. Adults (18 and older) 52% were observed wearing a helmet. Helmet use in Edmonton and surrounding area was 46%, significantly lower than Calgary and surrounding area at 63%. Children riding with adults had a positive effect on helmet use by children. The percentage of children wearing helmets increased from 72% to 99% when they were observed riding with an adult who was wearing a helmet. Capital Health Authority/KIDSAFE Connection supports mandatory helmet usage for all ages. Bicycle helmets have to pass certain standards by law, in order for a manufacturer to claim that it is a "bicycle helmet". The approved standards are listed in the Traffic safety Act. For the most part bicycle helmets are designed to withstand one single impact. After that impact it is recommended that a new helmet be used, as the integrity of the foam would have been compromised. Inline Skates & Skateboard Information Highlights for Alberta (Capital Health Authority KIDSAFE Connection) Inline skates With in-line skaters being able to maintain speeds over 25km/h head injuries can be severe and deaths do occur. Inline skating injuries are most common among children 10-14yrs of age. In 2001/02 there was 239 emergency room visits relating to In-Line Skating. It is unknown at this time how many of these visits were head injuries. It is recommended that inline skaters wear an approved bicycle helmet. Skateboards Skateboarding injuries are most common among children 10-14yrs of age. in 2001/02 there was 362 emergency room visits relating to skateboarding. It is unknown at this time how many of these visits were head injuries. There is no law requiring a skateboard helmet to meet any standard, as there is for bike helmets. Some skateboard helmets are designed differently than bicycle helmets. Some are tested for multi impacts rather than one single impact. In mid 2002 the Bicycle Helmet Safety Institute checked some retailers and inspected some "skate" helmets. They found that all helmets that claimed to be "skate" helmets were actually bicycle helmets. They just had a different shape to them.