(a) No minor child under the age of thirteen shall operate a bicycle, skateboard, rollerskates or in- line skates within the City unless such minor child is wearing a protective helmet on his or her head with the chin strap fastened under the chin. Such helmet shall be fitted to the size of the operator and shall meet or exceed the standards set by the American National Standards Institute (ANSI) or the Snell Memorial Foundation (SNELL). This requirement shall also apply to a minor child who rides upon a bicycle as a passenger or while in a restraining seat which is attached to the bicycle or in a trailer towed by the bicycle. This subsection shall not apply to the operation of bicycles, skateboards, rollerskates or in-line skates on private residential property.
(b) No person, who is the parent, guardian or legal custodian of a minor child who is under the age of thirteen and who engages in conduct prohibited by subsection (a) hereof, shall create a substantial risk to the health or safety of such minor child by aiding, abetting, causing, encouraging or permitting conduct which violates subsection (a) hereof.
(c) The Court may dismiss all charges pursuant to this section upon presentation of evidence that the individual charged with a violation of this section has obtained a protective helmet which meets or exceeds the standards set forth herein subsequent to the violation.
(d) Failure to wear a protective helmet as herein described shall not be considered evidence of either comparative or contributory negligence in any civil suit arising out of any accident in which a child under thirteen years of age is injured, nor shall failure to wear a protective helmet be admissible as evidence in the trial of any civil action.
(Ord. 305-97. Passed 6-1-98.)
(e) Whoever violates Section 373.20 for a first offense shall be given a warning which consists of providing the minor child and the parent, guardian or legal custodian with safety information on the benefits of wearing a helmet. For each and every subsequent violation, such person is guilty of a minor misdemeanor and shall be subject to the penalty provided in Section 303.99(a).
(Ord. 305-97. Passed 6-1-98.)