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Town of Guilderland, NY
Albany County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Guilderland 4-20-1993 by L.L. No. 2-1993 (Subpart 2, Div. 10, Art. II, of the 1974 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Police Department — See Ch. 81.
Motorcycles — See Ch. 200.
Parks and recreation — See Ch. 212.
Snowmobiles — See Ch. 232.
Vehicles and traffic — See Ch. 267.
No person under the age of 14 years shall operate a two-wheeled bicycle unless such person is wearing a helmet meeting the standards of the American National Standards Institute (ANSI z 90.4 Bicycle Helmet Standards) or the Snell Memorial Foundation's 1984 Standard for Protective Headgear for Use in Bicycling. For the purposes of this section, "wearing a helmet" means having a helmet of good fit fastened securely upon the head with the helmet straps.
No person operating a bicycle shall allow a person one or more years of age and less than 14 years of age to ride as a passenger on a bicycle unless:
A. 
Such passenger is wearing a helmet meeting the standards of the American National Standards Institute (ANSI z 90.4 Bicycle Helmet Standards) or the Snell Memorial Foundation's 1984 Standard for Protective Headgear for use in Bicycling. For the purposes of this section, "wearing a helmet" means having a helmet of good fit fastened securely upon the head with the helmet straps; and
B. 
Such passenger is in place in a separate seat attached to the bicycle and such seat shall have adequate provision for retaining the passenger in place and for protecting the passenger from the moving parts of the bicycle.
A. 
Any person who violates the provisions of § 131-1 of this chapter and any person under the age of 16 who violates the provisions of § 131-2 of this chapter shall attend a mandatory bicycle safety seminar and provide proof of purchase or rental of a bicycle helmet which meets the standards set out herein. The safety training will be provided by the Traffic Safety Unit of the Guilderland Police Department.
B. 
Any person 16 years of age and older who violates the provisions of § 131-2 of this chapter shall pay a civil fine not to exceed $50.
The court shall waive any fine for which a person who violates the provisions of § 131-1 or 131-2A if such person supplies the court with proof that between the date of violation and the appearance date for such violation such person purchased or rented a helmet which meets the requirements of § 131-2A of this chapter. Further, the court shall waive any fine for which a person who violates the provisions of § 131-2B of this chapter if such person supplies the court with proof that between the date of violation and the appearance date for such violation such person purchased or rented a seat which meets the requirements of § 131-2B of this chapter. Such waiver shall not apply to a second or subsequent conviction under § 131-1, 131-2A or B of this chapter.
Any person who is in violation of § 131-1 or 131-2 of this chapter may be temporarily detained and issued a verbal warning by any law enforcement official authorized to enforce this regulation for a first offense.
For the purposes of informing and educating persons who operate bicycles in this town, this chapter shall not be enforced until four months after the effective date of this chapter.
It is the findings of the Town Board that with the continuing growth of population in the town, there has been a concomitant growth in the usage of bicycles by young people and a growth in the amount of vehicular traffic in general on highways within the town. With more people using bicycles and with more traffic on the highways within the town, a greater danger has been presented to the young people in town, especially from debilitating head injury resulting from bicycle accidents. For these reasons, and upon the authority of General Municipal Law § 180 and the other statutes and laws, rules and regulations of the State of New York, it is the finding of the Town Board that an educational program in the usage of bicycle helmets for persons under the age of 14 and in the safety requirements for multiple riders on bicycles is in the best interest of the residents of the town and that said chapter contain appropriate penalties for the violation thereof.