Chapter 9.25
BICYCLE HELMETS FOR MINORS
Sections:
9.25.010 Requirement for helmet use.
9.25.020 Bicycle renters and sellers.
9.25.040 Not evidence of negligence.
9.25.010 Requirement for helmet use.
A. No person under 18 years of age shall ride a bicycle unless that person is wearing a properly fitted and fastened bicycle helmet which meets the standards of the American National Standards Institute (ANSI Z90.4 bicycle helmet standard) or the Snell Memorial Foundation’s 1984 Standard for Protective Headgear for Use in Bicycling. This requirement shall also apply to a person who rides upon a bicycle as a passenger, in a restraining seat which is attached to the bicycle, or in a trailer towed by the bicycle.
B. A parent or guardian of a minor must not knowingly allow that minor to violate this chapter. (Ord. 94-010, 1994; prior code § 11-1-25(A))
9.25.020 Bicycle renters and sellers.
A. It is unlawful for any person to rent or lease any bicycle to or for the use of a person under the age of 18 years unless:
1. The person is in possession of a protective helmet meeting the standards set out in Section 9.25.010(A) at the time of such rental or lease; or
2. The rental or lease includes a protective bicycle helmet meeting the standards set out in Section 9.25.010(A) and the person agrees to wear the helmet at all times while operating or riding as a passenger on the bicycle.
B. A person regularly engaged in the business of selling bicycles shall provide any purchaser of a bicycle with a written explanation, either on the receipt of sale or on a separate form indicating receipt of a written explanation of the provisions of Sections 9.25.010 and 9.25.030.
C. A person regularly engaged in the business of selling or renting bicycles who complies with the applicable requirements of this subsection shall not be liable in a civil action for damages for any physical injury sustained by a bicycle operator or passenger who is under the age of 18 years as a result of the operator or passenger’s failure to wear a helmet in violation of the requirement of Section 9.25.010. (Ord. 94-010, 1994; prior code § 11-1-25(B))
9.25.030 Civil penalties.
A. Any person who violates a requirement of this chapter shall be issued a citation and upon conviction be sentenced to pay a civil fine of $30.00 inclusive of all penalty assessments and court costs.
B. The penalty provided in this section for a violation of Section 9.25.010 may be waived if an offender presents suitable proof that an approved helmet has been purchased or otherwise obtained since the time of the violation and that the minor uses or intends to use said helmet whenever required to do so by this chapter. (Ord. 01-015 § 8, 2001; Ord. 94-010, 1994; prior code § 11-1-25(C))
9.25.040 Not evidence of negligence.
Failure of a person to use a bicycle helmet as required by this chapter, or evidence that a parent or guardian of a minor knowingly allowed the minor to violate the bicycle helmet requirements of this chapter, must not:
A. Be considered evidence of negligence or contributory negligence;
B. Limit liability of a party or insurer; or
C. Diminish recovery for damages arising out of the ownership, maintenance or operation of a motor vehicle. (Ord. 94-010, 1994; prior code § 11-1-25(D))