Every person riding a moped or motor-driven cycle, either as an operator or passenger, upon any public street, road, alley or highway in the city of Staunton shall wear a protective helmet of a type approved by the superintendent of state police or as otherwise prescribed by state law. For purposes of this section, "moped" and "motor-driven cycle" shall have the meaning as defined in Virginia Code Section
46.2-100.
Any person who knowingly violates this section shall be guilty of a traffic infraction and be subject to a fine of not more than $50.00.
A violation of this section shall not constitute negligence, be considered in mitigation of damages of whatever nature, be admissible in evidence or be the subject of comment by counsel in any action for the recovery of damages arising out of the operation, ownership, or maintenance of a moped or motor vehicle, nor shall anything in this section change any existing law, rule, or procedure pertaining to any such civil action.
(Ord. 2009-07)