[Adopted 9-12-2000 by L.L. No. 22-2000 (Ch. 221, Art. I, of the 1985 Code)]
A. 
This Legislature hereby finds and determines that bicycling, scootering, skateboarding and in-line skating by individuals under the age of 18 is inherently dangerous.
[Amended 6-6-2023 by L.L. No. 22-2023]
B. 
This Legislature further finds and determines that this inherent danger is exacerbated when such skating, scootering, skateboarding or bicycle riding takes place without the use of a helmet.
[Amended 6-6-2023 by L.L. No. 22-2023]
C. 
This Legislature further finds and determines that injuries associated with bicycle riding are generally more severe when the rider does not wear a safety helmet; that every dollar spent on bicycle safety helmets generates a direct savings in medical costs and other related costs estimated to be $30; and that bicycle education programs alone are not sufficient to promote the use of bicycle helmets without a statutory requirement for such helmet use.
D. 
Therefore, the purpose of this article is to require the use of helmets by anyone between the ages of 14 and 17 while bicycling, scootering, skateboarding or in-line skating within the County of Suffolk in order to protect his or her health, safety, and general welfare.
[Amended 6-6-2023 by L.L. No. 22-2023]
As used in this article, the following terms shall have the meanings indicated:
BICYCLE
Every two- or three-wheeled device upon which a person or persons may ride, propelled by human power through a belt, chain or gears, with such wheels in a tandem or tricycle, except that it shall not include such a device having solid tires and intended for use only on a sidewalk by preteenage children.
SCOOTER
A foot-operated vehicle consisting of a narrow footboard mounted between two wheels tandem with an upright steering handle attached to the front wheel.
[Added 12-5-2000 by L.L. No. 34-2000]
SKATEBOARD
A manufactured or assembled device consisting of a platform having two or more small wheels mounted or permanently attached thereto for skating or gliding by means of human foot, leg power and/or by motor. For the purpose of this chapter, the term "skateboard" shall include all variations of skateboards, including but not limited to longboards, cruisers and motorized skateboards.
[Added 6-6-2023 by L.L. No. 22-2023]
[Amended 12-5-2000 by L.L. No. 34-2000]
A. 
No individual who is either 14, 15, 16 or 17 years of age shall operate a bicycle, scooter or skateboard or skate or glide on in-line skates within the geographic boundaries of the County of Suffolk unless such individual is wearing a helmet meeting the requirements as set forth in New York Vehicle and Traffic Law § 1238(5-a), or successor standards set by the Commissioner of the New York State Department of Motor Vehicles. For the purposes of this article, "wearing a helmet" shall mean having a properly fitted helmet fastened securely upon the head of the wearer with the helmet straps securely fastened.
B. 
No individual who is under the age of 14 years of age shall operate a bicycle, skateboard or scooter within the geographic boundaries of the County of Suffolk unless such individual is wearing a helmet meeting the requirements as set forth in New York Vehicle and Traffic Law § 1238(5-a), or successor standards set by the Commissioner of the New York State Department of Motor Vehicles. For the purposes of this article, "wearing a helmet" shall mean having a properly fitted helmet fastened securely upon the head of the wearer with the helmet straps securely fastened.
A. 
Any person who intentionally violates § 319-3 of this article shall pay a civil fine not to exceed $50.
B. 
This fine shall be waived for any individual alleged to have violated § 319-3 of this article and who supplies the court with written proof that, between the date of violation and the initial appearance before the court for response to such violation, such individual has purchased a helmet which meets the requirements of § 319-3 of this article. This waiver of the fine shall not apply to a second or subsequent violation of § 319-3 of this article.
C. 
This article may be enforced by the Suffolk County Police Department and sworn officers of an authorized police department or force of a town or village within the geographic boundaries of the Towns of Huntington, Islip, Babylon, Smithtown and Brookhaven.
D. 
This article may be enforced by the County Sheriff's Department and sworn officers of an authorized police department or force of a town or village within the geographic boundaries of the Towns of Shelter Island, Riverhead, Southold, Southampton and East Hampton.
E. 
This article may be enforced anywhere within the geographic boundaries of the County of Suffolk by a police officer, as defined in § 1.20, Subdivision 34, of the New York Criminal Procedure Law, who is within his or her "geographical area of employment," as defined in § 1.20, Subdivision 34-a, of the New York Criminal Procedure Law.
A police officer may only issue a summons for a violation of § 319-3 by a person less than 16 years of age to the parent or guardian of such person if the violation by such person occurs in the presence of such person's parent or guardian, and where such parent or guardian is 18 years of age or more. Such summons may only be issued to such parent or guardian and shall not be issued to the person less than 16 years of age.
This article shall be null and void on the day that statewide or federal legislation goes into effect, incorporating either the same or substantially similar provisions as are contained in this article, or in the event that a pertinent state or federal administrative agency issues and promulgates regulations preempting such action by the County of Suffolk. The County Legislature may determine via mere resolution whether or not identical or substantially similar statewide legislation has been enacted for the purposes of triggering the provisions of this section.
This article shall take effect on the 180th day immediately subsequent to the filing of this article in the office of the Secretary of State.[1]
[1]
Editor's Note: This local law was filed 10-18-2000.