Any person under the age of fifteen shall wear a protective helmet that, at a minimum, meets the standards promulgated by the Consumer Product Safety Commission while riding or being carried on a bicycle, an electric personal assistive mobility device, a motorized skateboard or scooter, or an electric power-assisted bicycle on any highway, sidewalk, or public bicycle path. The term “highway” shall have the meaning set forth in Section 46.2-100 of the Code of Virginia. Any person who violates this section shall be subject to punishment by a fine of twenty-five dollars ($25.00). However, such fine shall be suspended for first-time violators and for violators who, subsequent to the violation but prior to imposition of the fine, purchase helmets of the type required by this section. A violation of this section shall not constitute negligence, assumption of risk, be considered in mitigation of damages of whatever nature, be admissible in evidence, or be the subject of comment by counsel in any action for the recovery of damages arising out of the operation of any bicycle, electric personal assistive mobility device, motorized skateboard or scooter, or electric power- assisted bicycle, nor shall anything in this section change any existing law, rule, or procedure pertaining to any civil action.
(Ord. 07-04. Passed 9-4-07.)