(A) See § 70.99 for general traffic code penalty.
(B) (1) Notwithstanding the provisions of § 70.99, any parent or legal guardian violating any requirement set forth in § 75.47(B) shall be fined in an amount set by Council from time to time 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 § 75.47(B).
(2) In the case of a first violation of § 75.47(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 § 75.47 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)
(C) Whoever violates any provision of §§ 75.45 through 75.47 for which no other penalty is provided shall be fined in an amount set by Council from time to time; upon a second conviction within one year thereafter shall be fined not more than set by Council from time to time; and upon a third or subsequent conviction, shall be fined not more than set by Council from time to time.
(D) For any violation of § 75.60 the person found guilty or pleading guilty shall be subject to a fine set by Council from time to time for first offense. For second and subsequent violations, there shall be a fine set by Council from time to time.
(Ord. passed 4-6-2004; Res. passed 6-3-2019)