(a) No minor child under the age of fourteen shall operate a bicycle, skateboard, in-line skates, roller skates or scooter within the City unless the person is wearing a protective helmet on their head with the chin strap fastened under the chin. Such helmet shall be fitted to the size of the operator and shall meet or exceed the standards set by the American National Standard Institute (ANSI) or the Snell Memorial Foundation (SNELL). This requirement shall also apply to a minor child who rides upon a bicycle as a passenger or while in a restraining seat which is attached to the bicycle. This subsection shall not be applicable to the operation of bicycles, skateboards, in- line skates, roller skates or scooters on private residential property.
(b) No parent, guardian or person acting for the parent shall permit a person under fourteen (14) years of age to violates Section 373.27.
(c) When the Police Department has reason to believe that a person has engaged in a conduct in contravention of subsections (a) or (b) hereof, such person, or in the case of a minor, the parent, guardian or legal custodian of such minor, shall be notified of the infraction, in writing by the Police Department and of the dangers which may result when a bicycle, skateboard, in-line skate, roller-skate or scooter accident occurs to a person not wearing a helmet.
(d) A violations of subsections (a) or (b) shall be considered a civil infraction, punishable by a possible penalty of $25.00 for any violation occurring subsequent to a written notice as provided in subsection (c) hereof.
(e) The Chief of Police may waive the $25.00 civil infraction penalty upon presentation of proof of purchase of a protective helmet which meets or exceeds the standards set forth herein subsequent to the violation, or upon good cause shown, as determined solely by the Chief of Police.
(f) Failure to wear protective helmet as herein described shall not be considered evidence of either comparative or contributory negligence in any civil suit arising out of an accident in which a child under fourteen (14) years of age is injured, nor shall failure to wear protective helmet be admissible as evidence in the trial of any civil action.
(Ord. 2001-6. Passed 2-26-01.)