[HISTORY: Adopted by the Albany County Legislature as indicated
in article histories. Amendments noted where applicable.]
[Adopted 7-12-1993 by L.L. No. 5-1993]
This article shall be known as the "Albany County Bicycle Helmet
Law."
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
This article recognizes the danger of head injury associated
with bicycle-related accidents and hereby establishes protection for
children 14 and under.
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.
[Amended 8-8-1994 by L.L.
No. 2-1994]
A.
No persons
one or more years of age and less than 14 years of age or under shall
operate a bicycle or ride as a passenger on a bicycle unless:
(1)
Such operator or 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 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.
(2)
For passengers one or more years of age and less than five years
of age, such passenger is also 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.
The court shall waive any fine for which a person who violates the provisions of § 117-4A(2) 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 § 117-4A(1) of this article. Further, the court shall waive any fine for which a person who violates the provisions of § 117-4A(2) 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 seat which meets the requirements of § 117-4A(2) of this article. Such waiver of fine shall not apply to a second or subsequent conviction under § 117-4A(1) or (2) of this article.
[Added 8-8-1994 by L.L.
No. 2-1994]
The failure of any person to comply with the provisions of this
article shall not constitute contributory negligence or assumption
of 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.
[Added 8-8-1994 by L.L.
No. 2-1994]
A police officer shall only issue a summons for a violation of § 117-3 or 117-4 of this article to a parent or guardian of a person less than 14 years of age 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 shall only be issued to such parent or guardian and shall not be issued to the person less than 14 years of age.
This article shall take effect January 1, 1994.
[Adopted 5-29-2001 by L.L. No. 3-2001]
This article shall be known as the "Albany County Scooter Helmet
Law."
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
This article recognizes the danger of head injury associated
with scooter-related accidents and hereby establishes protection for
children 14 and under.
No person operating a scooter shall allow a person who is under
one year of age to ride as a passenger on a scooter, 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
No person 14 years of age or under shall operate a scooter or
ride as a passenger on a scooter unless such operator or passenger
is wearing a helmet meeting the standards established by the Commissioner
of Motor Vehicles. 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.
Any person who violates the provisions of § 117-12 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 § 117-11 or 117-12 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 established by the Commissioner of Motor Vehicles. Such waiver of fine shall not apply to a second or subsequent conviction under this article.
The failure of any person to comply with the provisions of this
article shall not constitute contributory negligence or assumption
of 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.
A police officer shall only issue a summons for a violation of § 117-11 or 117-12 of this article to a parent or guardian of a person less than 14 years of age 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 shall only be issued to such parent or guardian.
This article shall take effect on June 1, 2001.
