[Adopted 6-13-2000 by L.L. No. 8-2000]
A.Â
Purpose. The purpose of this article is to promote
safety by establishing a local law requiring bicycle riders and passengers,
skateboard users and roller-skaters to wear protective gear thereby
reducing the possibility of injuries and fatalities.
B.Â
BICYCLE
HELMET
ROLLER SKATES
SKATEBOARD
Definitions. As used in this article, the following
terms shall have the meanings indicated:
Any vehicle with two wheels in tandem, a steering handle,
seat and pedals. This definition includes a bicycle equipped with
temporary training wheels.
Any protective equipment designed or intended to be worn
on the head which complies with the standards of the American National
Standards Institute (ANSI Z 90.4 bicycle helmet standards) or the
Snell Memorial Foundation's Standards for Protective Headgear for
Use in Bicycling. For purposes of this article, the term "wearing
a helmet" shall mean having a helmet of good fit fastened securely
to the head by use of helmet straps.
A shoe with small wheels attached to it, including any form
of in-line wheel configuration.
A short oblong board with wheels at each end. This definition
shall include scooters.
C.Â
Prohibitions
(1)Â
No person operating a bicycle shall carry an infant
under the age of one year as a passenger by any means whatsoever,
including use of a bicycle seat, body pack or by any other means.
(2)Â
No person operating a bicycle shall carry as a passenger
any person between the ages of one year and five years unless such
passenger is placed in a separate seat, securely attached to the bicycle,
and such seat is capable of retaining the passenger in place and protecting
the passenger from the moving parts of the bicycle.
(3)Â
No person shall operate a two-wheeled bicycle, or
be carried as a passenger, unless such person is wearing a helmet
meeting the standards of the American National Standards Institute
(ANSI) or the Snell Memorial Foundation's Standards for Protective
Headgear for Use in Bicycling.
(4)Â
No person shall use a skateboard or any type of roller
skates unless such person is wearing a helmet meeting the standards
of the American National Standards Institute (ANSI) or the Snell Memorial
Foundation's Standards for Protective Headgear for Use in Bicycling.
D.Â
Penalties for offenses; waiver; contributory negligence.
(1)Â
Any person who violates any of the provisions of this
article shall, upon conviction, be guilty of a violation and liable
for a civil fine not to exceed $50.
(2)Â
The court may waive any fine for a person who violates
any provision of this article where the court is supplied with proof
that, between the date of violation and the appearance date for violation
of this article, a person accused of a violation has purchased, rented
or otherwise secured possession of a helmet.
(3)Â
The court may, in its discretion, waive any fine for
which a person who violates the provisions of this article would otherwise
be liable if the court finds that due to reasons of economic hardship
such person was unable to purchase a helmet or due to such economic
hardship such person was unable to obtain a helmet from the statewide
bicycle helmet distribution program as established in § 206
of the Public Health Law or other local distribution program.
(4)Â
The failure of any person to comply with the provisions
of this article shall constitute contributory negligence or assumption
of risk and shall not in any way bar, preclude or foreclose an action
for personal injury or wrongful death by or on behalf of such person,
nor in any way diminish or reduce the damages recoverable in any such
action.
E.Â
Home rule. Pursuant to New York Municipal Home Rule
Law § 22, this article is intended to supersede any inconsistent
provision of law.
F.Â
When effective. This article shall take effect immediately.
