[Adopted 6-8-2021 by L.L. No. 18-2021]
A. 
This Legislature hereby finds and determines that it is the duty of Suffolk County to protect the health and safety of its residents. This Legislature also finds and determines that under New York Vehicle and Traffic Law, individuals aged 16 and older are permitted to operate bicycles with electric assist and electric scooters. This Legislature further finds and determines that bicycles with electric assist and electric scooters contain motors which can rapidly increase the speed of the scooter or bicycle up to 20 miles per hour. This Legislature also finds that individuals who are riding on bicycles with electric assist or operating electric scooters are vulnerable to injury when riding at increased speeds. This Legislature determines that to protect the safety of operators and passengers, individuals riding on bicycles with electric assist or operating electric scooters should be required to wear protective helmets. This Legislature further determines that under New York State Vehicle and Traffic Law § 1286, individuals ages 16 and 17 are already required to wear helmets when operating electric scooters.
B. 
Therefore, the purpose of this law is to require that all individuals operating or riding as a passenger on a bicycle with electric assist and all individuals aged 18 and over operating electric scooters wear helmets.
As used in this article, the following terms shall have the meanings indicated:
BICYCLE WITH ELECTRIC ASSIST
As defined in New York Vehicle and Traffic Law § 102-c.
ELECTRIC SCOOTER
As defined in New York Vehicle and Traffic Law § 114-e.
A. 
Any individuals operating or riding as a passenger on a bicycle with electric assist in Suffolk County shall wear a helmet.
B. 
Any individuals aged 18 or older operating an electric scooter in Suffolk County shall wear a helmet.
C. 
Any helmet worn to comply with this article shall conform to the requirements established by New York State Vehicle and Traffic Law § 1238.
A. 
Any person who violates § 319-30 of this article shall be guilty of a violation and subject to a fine not to exceed $50.
B. 
A court of competent jurisdiction shall waive any fine for which a person who violates § 319-30 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 of New York Vehicle and Traffic Law § 1238, or 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 fine shall not apply to a second or subsequent violation of § 319-30 of this article.
This article shall apply to all actions occurring on or after the effective date of this article.
If any clause, sentence, paragraph, subdivision, section, or part of this article or the application thereof to any person, individual, corporation, firm, partnership, entity, or circumstance shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section, or part of this article, or in its application to the person, individual, corporation, firm, partnership, entity, or circumstance directly involved in the controversy in which such order or judgment shall be rendered.