(a) No person under the age of 18 shall operate a bicycle, skateboard, roller-skates or in-line skates (i.e., roller blades) within the city unless the person is wearing a protective helmet on his or her 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 Snell Memorial Foundation (“SNELL”). This requirement shall also apply to a person who rides upon a bicycle while in a restraining seat which is attached to the bicycle or in a trailer towed by the bicycle. This division shall not be applicable to the operation of bicycles, skateboards, roller-skates or in-line skates on private residential property.
(b) No parent, guardian or legal custodian of a minor person who engages in conduct prohibited by division (a) above shall create a substantial risk to the health or safety of such minor by aiding, abetting, causing, encouraging or permitting such conduct. Whoever violates this section shall be required to attend an authorized helmet safety workshop with the offending minor. Whoever violates this division, on a second offense, shall be fined in an amount not to exceed $25. For each and every subsequent violation of this division, a fine not to exceed $50 shall be imposed.
(c) The Court may dismiss all charges pursuant to this section upon presentation of evidence that a violator hereof has purchased or obtained a protective helmet, which meets or exceeds the standards set forth herein subsequent to the violation.
(d) Failure to wear a protective helmet as herein described shall not be considered evidence of either comparative or contributory negligence in any civil suit arising out of any accident in which a person under 18 years of age is injured, nor shall the failure to wear a protective helmet be admissible as evidence in the trial of any civil action.
(Ord. 51-03, passed 4-15-2003) Penalty, see § 373.99