[HISTORY: Adopted by the Rockland County Legislature 4-3-2001
by L.L. No. 5-2001. Amendments noted where applicable.]
GENERAL REFERENCES
Bicycles — See Ch. 217.
The Legislature of Rockland County hereby finds that young persons riding
or operating foot-powered scooters, in-line skates, roller skates and skateboards
on public and private roads, on sidewalks, and in other places are at risk
of sustaining serious injury due to falls occurring while the operator is
riding at high speed; and that these injuries are preventable by the wearing
of safety helmets and other safety equipment; and that Rockland County has
already passed a similar law requiring safety helmets for those who operate
and ride on bicycles, said law contributing to the decline in head injuries
from accidents involved in bicycle use; and that laws such as these are likely
to be self-enforcing as they provide parents and other adults with a tool
to require young persons to protect themselves by using safety equipment,
including safety helmets.
This chapter shall briefly be known as the "Rockland County Scooter,
In-Line Sakes, Roller Skates and Skateboards Safety Law."
No person under the age of 14 years shall operate a foot-powered scooter,
in-line skates, roller skates and skateboards, or ride as a passenger on a
foot-powered scooter unless 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 1984
Standard for Protective Headgear for Use in Bicycling, as last revised by
said organizations. 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.
A.
Enforcement by County Attorney. The Rockland County Attorney
shall take any and all actions to enforce this chapter in any court of competent
jurisdiction upon the receipt of a sworn statement of a police or peace officer
or of a private citizen alleging a specific violation of this chapter. Such
action shall only be taken against a parent, guardian or other person with
similar responsibility for a person violating this chapter if the violation
by such person occurs in the presence of such person's parent, guardian
or such other person with similar responsibility for the alleged violator
and where such parent, guardian or such other person with similar responsibility
for the alleged violator is 18 years of age or more.
B.
Civil penalty. Any person who violates the provisions of § 338-3 of this chapter shall pay a civil fine not to exceed $50.
C.
Waiver of fine. The court shall waive any fine for which a person who violates the provisions of § 338-3 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 helmet which meets the requirements of § 338-3 of this chapter. Such waiver of fine shall not apply to a second or subsequent conviction under § 338-3 of this chapter.
