[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.]
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.
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.
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.
