Whoever violates any provision of this Traffic Code, for which another penalty is not provided, shall be fined not more than one hundred dollars ($100.00). Upon a second conviction within one year thereafter shall be fined not more than two hundred dollars ($200.00); and upon a third or subsequent conviction, shall be fined not more than five hundred dollars ($500.00).
(a) Any parent or legal guardian violating any requirement set forth in Section 373.10(b) shall be fined ten dollars ($10.00) 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 West Virginia Code 8-11-1, no court costs may be assessed to any person violating the requirements of Section 373.10(b).
(b) In the case of a first violation of Section 373.10(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.
(c) It is an absolute defense to a charge for a violation of Section 373.10 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 West Virginia 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.
(WVaC 17C-11A-7)
CODIFIED ORDINANCES OF NEW MARTINSVILLE