(A) Any person violating any provision of this chapter, for which no other penalty is provided, shall be subject to the penalty provisions of § 70.99(A).
(B) (1) Any person being convicted of a first offense of § 76.01 shall be fined not less than $25, nor more than $100, plus applicable courts costs.
(2) Any person convicted of a second offense of § 76.01 shall be fined not less than $50, nor more than $250, plus applicable court costs.
(3) Any person convicted of a third or further offense of 76.01 shall be fined not less than $100, nor more than $500, plus applicable court costs.
(C) (1) Notwithstanding the provisions of § 70.99(A), any parent or legal guardian violating any requirement set forth in § 76.26(B) shall be fined $10 or be required to perform two hours in community service related to a child injury prevention program which includes injury prevention education, or both fined and required to perform such community service. Notwithstanding the provisions of W. Va. Code § 8-11-1, no court costs may be assessed to any person violating the requirements of § 76.26(B).
(2) In the case of a first violation of § 76.26(B), the court may waive the fine upon receipt of satisfactory proof that the person has a helmet or within a reasonable time from the date of the violation, purchased or otherwise obtained, a protective bicycle helmet.
(3) It is an absolute defense to a charge for a violation of § 76.26 that a parent or legal guardian is unable to pay for the protective bicycle helmet. Inability to pay may be demonstrated by the filing of a financial affidavit in accordance with the provisions of W. Va. Code § 59-2-1(c). Any person who demonstrates inability to pay shall be referred to the Governor’s Highway Safety Program for assistance in obtaining the appropriate helmet or helmets.
(W. Va. Code § 17C-11A-7)
(Ord. passed 12-28-2017)