[HISTORY: Adopted by the Mayor and Town Council of the Town of Oakland 12-5-1994 by Ord. No. O94-06. Amendments noted where applicable.]
GENERAL REFERENCES
Use of bicycles and skates in parks — See Ch. 203.
Skates and skateboarding — See Ch. 229.
It shall be unlawful for any person, under the age of 16, to ride, propel, pedal, push or otherwise operate a bicycle or other vehicle propelled by muscular power without wearing a protective helmet designed for bicycle safety on all public ways, streets, alleys, sidewalks, and/or parking lots within the corporate boundaries of Oakland.
The helmet required to be worn by persons operating bicycles or other such vehicles propelled by muscular power shall meet or exceed the standards set by the American National Standards Institute or the Snell Foundation.
A person who provides bicycles or other such vehicles propelled by muscular power for hire must not rent a bicycle or other such vehicle propelled by muscular power to a person under the age of 16 years, and/or permit such person to ride or be carried on the bicycle or other such vehicle propelled by muscular power, unless such person has an approved bicycle helmet, or one is supplied with the rental.
A parent or guardian of a minor must not knowingly allow that minor to violate this chapter.
Failure of a person to use a bicycle helmet as required by this chapter, or evidence that a parent or guardian of a minor knowingly allowed the minor to violate the requirements of this chapter, must not:
A. 
Be considered evidence of negligence;
B. 
Be considered evidence of contributory negligence;
C. 
Limit liability of a party or an insurer; or
D. 
Diminish recovery for damages arising out of the ownership, maintenance or operation of a motor vehicle.
Any person violating any of the provisions of this chapter shall be deemed guilty of a municipal infraction subject to the maximum fine established pursuant to Chapter 40, Municipal Infractions.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
The penalties set forth in § 96-6 above may be waived by a court for a person's first violation of the helmet requirement of this chapter if:
A. 
The person charged is a minor and produces proof of having obtained an approved helmet prior to sentencing; or
B. 
The person charged is the parent or guardian of a minor and produces proof of having obtained an approved helmet for use by that minor prior to sentencing.