(a) No person under the age of fourteen years shall operate a bicycle, skateboard, roller-skates, or in-line skates within the City unless such person is wearing a protective helmet on his or her head, with the chinstrap fastened under the chin. Such helmet shall be fitted to the size of the operator and shall meet or exceed the standards set by ANSI (American National Standards Institute) or SNELL (Snell Memorial Foundation).
(b) No person under the age of fourteen years shall be passenger on a bicycle or skateboard unless such person is wearing a protective helmet on his or her head, with the chinstrap fastened under the chin. Such helmet shall be fitted to the size of the operator and shall meet or exceed the standards set by ANSI (American National Standards Institute) or SNELL (Snell Memorial Foundation). 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.
(c) Upon violation of division (a) and/or (b), the offender shall be issued a written warning with instructional and informational materials concerning the use of protective helmets.
(d) The Police Department shall maintain a record of each and every written warning issued pursuant to division (c), including without limitation a record of all repeat offenders.
(e) 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 eighteen years of age is injured, nor shall failure to wear a protective helmet be admissible as evidence in the trial of any civil action.
(f) The Police Department will maintain an educational posture towards the enforcement of this section in order to provide citizens with safety information concerning the use of protective helmets.
(g) The City shall initiate a protective helmet bank for those that cannot afford to purchase helmets. The helmet bank will be funded through donations and shall be administered pursuant to such rules and regulations promulgated by the Police Department.
(Ord. 78-2001. Passed 4-16-01.)