[Adopted 11-8-2021 by L.L. No. 9-2021]
This article shall be known as the "Albany County Electric Scooter
and E-Bike Helmet Law."
A.
The Albany County Legislature hereby finds and determines that electric
scooters and bicycles with electric assist contain motors which can
rapidly increase the speed of such devices up to 20 miles an hour.
B.
The Legislature further finds and determines that individuals operating
electric scooters or riding on bicycles with electric assist are vulnerable
to injury when riding at increased speeds.
C.
The Legislature further finds and determines that, to protect the
safety of operators and passengers, all individuals operating electric
scooters or riding on bicycles with electric assist should be required
to wear protective helmets.
As used in this article, the following terms shall have the
meanings indicated:
Shall have the same meaning as set forth in New York Vehicle
and Traffic Law § 102-c.
Shall have the same meaning as set forth in New York Vehicle
and Traffic Law § 114-e.
A.
Any individual operating an electric scooter shall wear a helmet.
B.
Any individual operating or riding as a passenger on a bicycle with
electric assist shall wear a helmet.
C.
Any helmet worn to comply with this article shall conform to the
requirements established by the Commissioner of the New York State
Department of Motor Vehicles.
D.
For purposes of this section, "wearing a helmet" means having a helmet
of good fit fastened securely upon the head with the helmet straps.
A.
Any person who violates § 288-21 of this article shall be guilty of a violation and subject to a fine not to exceed $100.
B.
The court shall waive any fine for which a person who violates the provisions of § 288-21 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 the New York State Department of Motor Vehicles prior to the time of the offense. Such waiver of a fine shall not apply to a second or subsequent violation of § 288-21 of this article.
C.
The court may waive any fine for which a person who violates the provisions of § 288-21 would be liable 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 in-line skate and bicycle helmet distribution program, as established in New York Public Health Law § 206, or a local distribution program. Such waiver of a fine shall not apply to a second or subsequent violation of § 288-21 of this article.
The failure of any person to comply with the provisions of § 288-21 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.
This article shall apply to all actions occurring on or after
the effective date of this article.
This article shall be null and void on the day that federal
or statewide 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 Albany. The County Legislature may determine via resolution whether
or not identical or substantially similar federal or statewide legislation,
or pertinent preempting state or federal regulations have been enacted
for the purposes of triggering the provisions of this section.
