[Added 5-25-1994 by L.L. No. 3-1994]
This article shall be known as the "Bicycle
Helmet Law."
The purpose of this article shall be to promote
bicycle safety by establishing a local law requiring bicycle riders
and passengers to wear protective headgear thereby reducing the possibility
of injuries and fatalities.
A.
No person operating a bicycle shall carry an infant
under the age of one year as a passenger by any means whatsoever,
including use of a bicycle seat, body pack or by any other means.
B.
No person operating a bicycle shall carry as a passenger
any person between the ages of one year and five years unless such
passenger is placed in a separate seat, securely attached to the bicycle,
and such seat is capable of retaining the passenger in place and protecting
the passenger from the moving parts of the bicycle.
C.
No person shall operate a two-wheeled bicycle or be
carried as a passenger unless such person is wearing a helmet meeting
the standards of the American National Standards Institute (ANSI)
or the Snell Memorial Foundation's standards for protective headgear
for use in bicycling.
A.
Any person who violates any of the provisions of this
article shall, upon conviction, be guilty of a violation and liable
for a civil fine not to exceed $50.
B.
The court may waive any fine for a person who violates
any provision of this article where the court is supplied with proof
that between the date of violation and the appearance date for violation
of this article a person accused of a violation has purchased, rented
or otherwise secured possession of a helmet.
C.
The court may, in its discretion, waive any fine for
which a person who violates the provisions of this article would otherwise
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 Public Health Law, or other local distribution program.
D.
The failure of any person to comply with the provisions
of this article shall not constitute contributory negligence or assumption
of risk and shall not in any way bar, preclude or foreclose an action
for personal injury or wrongful death by or on behalf of such person,
nor in any way diminish or reduce the damages recoverable in any such
action.
