(A) It shall be unlawful for any parent, or any person in loco parentis to allow a child 16 years of age or younger to operate a bicycle, skate boards, roller skates or blades, scooters or similarly wheeled device within the City 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 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 to allow a child 16 years of age or younger to be a passenger on a bicycle within the City unless such child 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 or SNELL. This requirement shall also apply to a child who rides upon a bicycle while in 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, skate boards, roller blades, scooters or similarly wheeled device on private residential property but hall be applicable to all public rights-of-way and public areas. For purposes of this section, PUBLIC AREAS shall mean those, which are open to the public, including parking areas and sidewalks on retail and office property and all areas owned by a political subdivision, including parks. However, this regulation shall not be construed to permit the operation of bicycle, skateboards, roller blades, scooters or similarly wheeled device in any area in which it is otherwise prohibited or regulated.
(D) (1) First offense. A written warning shall 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 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. Such person shall be informed that an approved helmet must be obtained for the child and worn by the child whenever he or she is riding a bicycle.
(2) Second offense. A citation shall be issued to the parent, or person in loco parentis, for any offence, which occurs subsequent to a written warning. This violation shall be punishable by a fine of not more than $50 plus any related court costs. However, the case may be dismissed upon the parent or person in loco parentis and the child demonstrating evidence of the ownership and possession of an approved helmet.
(3) Third and subsequent offenses. A citation shall be issued to the parent or person in loco parentis of the violator, with a fine not to exceed $100 plus any related court costs. However, the fine shall be reduced to $25 if the parent person in loco parentis and the child demonstrate evidence of ownership and possession of an approved helmet and proof of attending a bicycle safety course approved by the Newport Police Department.