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.
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.