(A) It shall be unlawful for any parent, or any person in loco parentis, after being served with a written warning by a police officer, to allow a minor child to operate a bicycle, scooter, roller skate, roller blade, skateboard or any other wheeled vehicle propelled by human power, within the village unless such person is wearing a protective helmet on his or her head, with the chin strap fastened under the chin. Such helmet shall be appropriately 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) It shall be unlawful for any parent or person in loco parentis after being served with a written warning by a police officer, to allow a minor child to be a passenger on a bicycle, scooter or any other wheeled vehicle propelled by human power, within the village unless such person is wearing a protective helmet on his or her head, with the chin strap fastened under the chin. Such helmet shall be appropriately 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) This section shall not be applicable to the operation of a bicycle, scooter, roller blading or using a skateboard on private residential property.
(D) Penalties.
(1) First offense: A written warning will be served upon the violator and the parent or person in loco parentis, with applicable information attached advising of the dangers of failure to wear a protective helmet. The warning will be signed by the parent or person in loco parentis of the minor, and a copy filed at the police department.
(2) Second offense: A citation will be issued to the parent, legal guardian or custodian of the violator, with a fine not to exceed $50. The case may be dismissed upon the parent or person in loco parentis and the violator viewing a NHTSA (National Highway Traffic Safety Administration) approved safety video on protective helmet use and proof of obtaining an approved helmet.
(3) Third offense: Fine not to exceed $100.
(4) Fourth and subsequent offenses: Up to $250 fine (fourth degree misdemeanor).
(Ord. 2000-51, passed 12-4-00)