Monday night, the City Council will consider abolishing it.
The helmet law is part of a city ordinance that prohibits certain kinds of conduct at the skatepark, which opened in September. People aren't supposed to bring glass to “skateable surface areas” and they aren't supposed to litter or bring pets there, either. The first rule, though, is that skating without wearing a fastened, certified helmet isn't allowed.
Last fall, police officers started writing tickets to kids using the park without helmets. The fines are at least $25 and run up to $100.
Police had written just a handful of tickets when they learned the citations don't hold up in court, said Capt. Dick Lewis.
Municipal court sentences minors for drinking, smoking, gambling, and even for traffic and fish and game violations, said City Attorney Jim Nugent.
But that court doesn't have the authority to deal with minors who receive skateboard helmet citations. The state doesn't give that court jurisdiction.
Youth court, on the other hand, is busy handling real crimes and won't process more minor violations, he said.
“What they're processing is far more serious than stuff like this,” Nugent said.
If an ordinance is on the books, though, it's supposed to be enforced. With lack of enforcement, the city opens itself up to liability.
So far, no one has reported being seriously hurt at the park, according to Missoula Parks and Recreation. However, if a child gets hurt or even killed at the park, the city likely will be named in a lawsuit, said Councilman Bob Jaffe. And the city's insurance provider believes Missoula will fare better in court without a helmet law.
Effective enforcement is costly, too, according to two city departments.
Parks and Rec does not have the budget to staff the park, said director Donna Gaukler, who presented a proposal to repeal the helmet law at a committee meeting last week. She estimated that staffing the park full time would cost anywhere from $60,000 to $80,000 - extra money the department doesn't have.
Police don't have the manpower to patrol there around the clock, either, Lewis said.
Jaffe, though, said just because the rule is difficult to enforce doesn't mean it should be completely thrown out.
Repealing the helmet rule is like raising the speed limit because drivers won't slow down, he said.
He understands that the portion of the ordinance dealing with helmets must go, but believes some kind of helmet rule should take its place.
“I think it's premature to abandon the idea,” Jaffe said.
He'd like Parks and Rec to do more outreach and education.
The skatepark opened at the end of September when the department had its hands full with aquatics, he said. Some education took place, but it was minimal.
Plus, Jaffe said, “We've only had that one, short season.”
The Missoula Skatepark Association wanted a helmet law in place before the park opened, said Chris Bacon, association president. “We don't want to see anybody get hurt.”
Now, skatepark association members encourage people to wear helmets when they're at the park, he said. The association also posts a note on its Web site that says helmets are required at the park.
More enforcement by association members isn't likely, though, as the board is comprised of just six volunteer members.
Councilman Dick Haines suggested treating the skatepark like a swimming pool with no lifeguard.
Post a warning, he said. He suggested something along these lines, but for skaters: “You're responsible for not drowning yourself.”
Unless the state Legislature expands the power of municipal courts, Missoula will probably head in that direction, Nugent said.
That softer approach is better as far as some skaters are concerned.
Jake Barrow wears a helmet at the park and so do his sons, he said.
The park includes features for advanced skaters, and it can be dangerous.
“It's big and the bowls are deep,” he said.
Barrow wants kids to wear helmets, but he isn't convinced it should be a law. He isn't sure police should be telling skaters what to do at the park, either. Skaters built the park because police chased them away from other areas, he said.
Barrow said young kids are much more likely to strap on a helmet when a fellow skater asks them to than when a cop does. He loans out his own helmet when he sees an inexperienced skater trying tricks above their skill level.
“Those kids look up to all of us,” Barrow said of the adult skaters.
Most people aren't wearing helmets, though, adults included. Capt. Lewis estimated that compliance at the park is around 40 percent.
“A big part of it is the cool factor,” said the association's Bacon.
Missoula modeled its helmet ordinance after Great Falls', and that city is running into the same problems, Nugent said. In Kalispell, though, the skatepark and its helmet rule appear to be working well.
“We spend quite a bit of time there,” said Kalispell Police Sgt. Allen Bardwell.
Patrol officers are supposed to visit the park at least once an hour, he said, and sometimes six officers are on patrol at once.
Plus, police are encouraging youth to patrol themselves, too, he said.
Enforcement was difficult at first because a few kids were defiant, but in Kalispell the municipal court is processing tickets.
A judge there temporarily took away skaters' boards, which led to fewer defiant kids.
Missoula Parks and Rec does have a plan to encourage skaters to wear helmets, and it involves carrots instead of sticks.
“We're kind of excited about it,” said Shirley Kinsey, recreation manager.
Kinsey said Parks and Rec officials plan to head out to Mobash - as the park is known - occasionally and catch someone wearing a helmet. Thus the program's name: “I got caught.”
They haven't ironed out details yet, but the “caught” skater will be eligible to win a prize or get a discount at a local skate shop.
“We want to encourage kids to wear helmets,” Kinsey said. “You'll be skating a lot longer if you don't get injured.”
Reporter Keila Szpaller can be reached at 523-5262 or at Keila.Szpaller@missoulian.com
Hearing on helmets
The Missoula City Council will hold a public hearing Monday on repealing the skatepark helmet law. The meeting starts at 7 p.m. at 140 W. Pine St. in Council Chambers.
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