[Added 3-22-1994 by L.L. No. 14-1994]
No person one or more years of age and less
than 14 years of age shall operate or ride as a passenger on a bicycle
unless such person 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 Standards 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.
A.
The parent of any child and the guardian of any ward
shall not authorize or knowingly permit any such child or ward to
violate any of the provisions of this article.
B.
These regulations shall apply whenever a bicycle is
operated upon any highway, upon private roads open to public motor
vehicle traffic and upon any path set aside for the use of bicycles
within the Town of Southampton.
C.
Law enforcement officers authorized to issue a summons
under the Vehicle and Traffic Law shall only issue a summons for a
violation 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.
A.
Any person who violates the provisions of this article
shall pay a civil fine not to exceed $50.
B.
The court shall waive any fine for which a person
who violates the provisions 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.
C.
The court may waive any fine for which a person who
violates the provisions of this article 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 bicycle helmet distribution
program, as established in § 206 of the New York State Public
Health Law, or a local distribution program.
