[HISTORY: Adopted by the Town Board of the Town of Johnstown
as noted in article histories. Amendments noted where applicable.]
[Adopted 4-18-1994 by L.L. No. 2-1994]
In an effort to reduce bicycle-related injuries and fatalities,
the State of New York adopted certain amendments to Vehicle and Traffic
Law § 1238 pursuant to Chapters 266 and 267 of the Laws
of 1993. The amendments provide that the town may adopt a local law
that prohibits a person who is one or more years of age and less than
14 years of age from operating or riding as a passenger on a bicycle
without wearing a bicycle helmet. The Town of Johnstown has elected
to adopt such a local law as hereinafter set forth.
No person one or more years of age and less than 14 years of
age shall operate or ride as a passenger on a bicycle unless such
person is wearing a helmet meeting the standards of the American National
Standards Institute (Ans Z 90.4 bicycle helmet standards) or the Snell
Memorial Foundation's standards for protective headgear for use in
bicycling. For the purposes of this Article, wearing a helmet means
having a helmet of good fit fastened securely upon the head with the
helmet straps.
Any person who violates the provisions of this Article shall
pay a civil fine not to exceed $50.
The court shall waive any fine for which a person who violates
the provisions of this Article would be liable:
A.
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; or
B.
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 a local distribution program.
