Tuesday, August 26, 2008

Hardin County Passes B.S. Biking Ordinance

See below minutes from a recent Hardin County Board of Supervisors meeting. If there was ever a load of poo to be read, I am fairly certain this is it:

Johnson moved, Miller seconded to adopt Ordinance No. 43, An Ordinance Relating toBicycle Events of County Roads.

Roll call vote: "Ayes" Johnson, Miller and Bear."Nays": None.

Ordinance No. 43 is hereby adopted as follows:

The Board of Supervisors of the County of Hardin ordains as follows:
1. County roads are not designed for bicycles. According to the National HighwayTraffic Administration, bicycling results in more emergency room admissions than anyother sport or activity. Large organized bicycle events that use County roads create aunique risk of injury to bicycle riders. Allowing such rides puts the County, and Countytaxpayers, at risk for lawsuits and large damage awards.

2. The County wants to encourage large organized bicycle events, while at the same timeprotecting the County from liability. The County has a legitimate interest in protectingitself from liability for injuries associated with the use of County roads. The best way todo that is to require that large organized bicycle events procure insurance that includesthe County as an additional insured.

3. Even with this ordinance in place, full opportunity will continue to exist on Countyroads and on other County property for the free flow of ideas, and the exercise offreedom of speech.

1. "County" means the County of Hardin, State of Iowa.

2. "Bicycle event" means an organized procession or assemblage of more than ten (10 )bicycle riders on one or more County roads in the unincorporated portion of theCounty, when one or more of the following conditions also applies:
a. The event is publicly advertised, which may include but is not limited toInternet, radio, newspaper, flier or email advertising; or
b. A registration fee or donation is charged or requested for participation inthe event.

3. "Person" means any person, firm, partnership, association, corporation, company, ororganization of any kind.

4. "Board of Supervisors" means the Board of Supervisors of the County or itsdesignee.SECTION

3. INSURANCE REQUIRED No person shall organize, operate, or participate in, any bicycle event in the Countyunless the event has liability insurance coverage as provided in this ordinance.

1. Form. The Board of Supervisors shall provide a proof of insurance form. Anauthorized representative of the bicycle event shall file a completed proof of insuranceform with the Board of Supervisors as set forth below.

2. Filing Deadline. A completed proof of insurance form for a bicycle event shall be filedwith the Board of Supervisors no less than three (3) days before the date on which itis proposed to conduct the bicycle event.

3. Content. The proof of insurance form shall set forth the following information:
a. The name, address and telephone number of the person or personsseeking to conduct such bicycle event;
b. If the bicycle event is proposed to be conducted by, or on behalf of, anorganization, the address and telephone number of the organization, and ofthe authorized agents of such organization;
c. The date and time when the bicycle event is to be conducted;
d. The route to be traveled;e. The approximate number of bicycles riders that will participate in the bicycleevent.

4. Certificate of Insurance. Attached to completed proof of insurance form, theauthorized representative of the bicycle event shall provide to the Board ofSupervisors a certificate of insurance showing that the representative has obtainedcomprehensive general liability insurance in the minimum amount of one milliondollars ($1,000,000) to cover property damage and/or injuries, including death, toany persons in connection with the activities conducted in accordance with thebicycle event. The certificate shall include an additional insured endorsementpage that names the County, and its officers, employees, agents, andrepresentatives as additional insureds.

5. Fee. No bicycle event permit fee or filing fee shall be charged by the Board ofSupervisors.

6. Deficiencies. The Board of Supervisors shall advise the authorized representativeof the bicycle event in writing of any deficiencies in the completed proof ofinsurance form within 24 hours of the filing of the form with the Board ofSupervisors.

If bicycle event participants are required to sign a waiver of liability, the waiver shallinclude language waiving any claim against the County and its officers, employees,agents, and representatives.

The violation of any provision of this ordinance is a county infraction which shall be punishable by a civil penalty of seven hundred fifty dollars ($750.00). If theinfraction is a repeat offense, it shall be punishable by a civil penalty of onethousand dollars ($1,000) for each repeat offense. A separate offense shall be deemed to have been committed for each day or portion of a day that a violationcontinues.

If any of the provisions of this ordinance are for any reason illegal or void,then the lawful provisions of this document, which are separable from theunlawful provision shall be and remain in full force and effect, the same as ifthe ordinance contained no illegal or void provisions.

This ordinance shall be in effect upon its final passage, approval andpublication as provided by law.

Adopted and passed by the Hardin County Board of Supervisors on this 9th dayof July, 2008./s/Ed BearEd Bear, ChairmanHardin County Board of Supervisors/s/Erv MillerErv Miller, MemberHardin County Board of Supervisors/s/Jim JohnsonJim Johnson, MemberHardin County Board of Supervisors

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