[HISTORY: Adopted by the Board of Trustees of the Village
of Malverne as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 44.
[Adopted at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
No person operating a bicycle shall allow a person who is under
one year of age to ride as a passenger on a bicycle nor shall such
person be carried in a pack fastened to the operator. A first violation
of the provisions of this section shall result in no fine. A second
violation shall result in a civil fine not to exceed $50.
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 Z90.4 bicycle helmet standards)
or the Snell Memorial Foundation's (1984 Standard) Standards
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 placed 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.
No person one or more years of age and less than 14 years of
age shall operate a two-wheeled bicycle unless such person is wearing
a helmet meeting the standards of the American National Standards
Institute (ANSI Z90.4 bicycle helmet standards) or the Snell Memorial
Foundation's Standards for Protective Headgear for Use in Bicycling.
For the purpose of this section, "wearing a helmet" means having a
helmet of good fit fastened securely upon the head with the helmet
straps. For purposes of this section, a two-wheeled bicycle shall
include a two-wheeled bicycle equipped with training wheels.
B.
A law enforcement officer shall only issue an appearance ticket for a violation of the provisions of § 258-2 or § 258-3 of this article if the violation by the person under 14 years of age occurs in the presence of such person's parent or guardian and where such parent or guardian is 18 years of age or over. The appearance ticket shall only be issued to such parent or guardian and shall not be issued to the person under the age of 14.
A.
The court shall waive any fine for which a person who violates the provisions of Subsection A of § 258-2 or § 258-3 of this article would be liable 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 Subsection A of § 258-2 or § 258-3 of this article. Further, the court shall waive any fine for which a person who violates the provisions of Subsection B of § 258-2 of this chapter would be liable 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 Subsection B of § 258-2 of this article. Such waiver of fine shall not apply to a second or subsequent conviction under Subsection A or B of § 258-2 or § 258-3 of this article.
B.
The court may waive any fine for which a person who violates the provisions of § 258-2 or § 258-3 of this article would be liable if the court finds that, due to reasons of economic hardship, such person was unable to purchase a helmet or seat in order to comply with the provisions of § 258-2 or § 258-3 of this article.
The failure of any person to comply with the provisions of this
article shall not constitute contributory negligence or assumption
of the 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.
