29-96 311.031 - Protective Helmets

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PLEASE SUBSTIT!~TE FOR ORDINANCE NO. 29-96 PLACED 1st Reading 7/15/96; PLACED ON 2nd ~eading as amended on 10/21/96. ORDINANCE NO. 29-96 BY: Boscia, Corrigan, Flannery, George, Roth, Seelie, Smith AN ORDINANCE supplementing Chapter 311 of the Traffic Code of the Codified Ordinances of the City of Lakewood by enacting new Section 311.031 regarding protective helmets for persons operating bicycles¥?kateboards, roller-skates or in-line skates (i.e. "Rollerblades"). WHEREAS,' this Council finds and determines that measures taken to lessen the risk of serious or fatal head injuries to,minors operating bicycles, skateboards, roller-skates or in-line skates will serve the public inte~rest; now, therefore, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LAKEWOOD, STATE OF OHIO: Section 1. That Chapter 311 of the Traffic Code of the Codified Ordinances of the City of Lakewood be and the same are hereby supplemented by enacting new Section 311.031, to read as follows: SECTION 311.031 HELMETS FOR pERSONS OPERATING BICYCLES, SKATEBOARDS, ROLLER-SKATES OR IN-LINE SKATES. a) b) No person under the age of eighteen (18) shall operate a bicycle, skateboard, roller-skates or in- line skates (i.e. "Rollerblades") within the City unless the person is wearing a protective helmet on their head, with the chin strap fastened under the chin. Such helmet shall be fitted to the size of the operator and shall meet or exceed the standards set by the Snell Memorial Foundation ("SNELL"). This requirement shall also apply to a person who rides upon a bicycle while in a restraining seat which is attached to the bicycle or in a trailer towed by the bicycle. This subsection shall not be applicable to the operation of bicycles, skateboards, roller-skates or in-line skates on private residential property. No parent, guardian or legal custodian of a minor person who engages in conduct prohibited by' subsection (a) shall create a substantial risk to the health or safety of such minor person by aiding, abetting, causing, encouraging or permitting such conduct. Whoever violates this section shall be required to attend an authorized helmet safety workshop with the offending minor. Whoever violates this subsection, on a second offense, shall be fined in an amount not to exceed twenty-five dollars ($25.00). For each and every subsequent violation of this subsection, a fine not to exceed fifty dollars ($50.00) shall be imposed. c) The Court may dismiss all charges pursuant to this Section upon presentation ofevidence that a violator hereof has purchased or obtained a protective helmet which meets or exceeds the standards set tbrth herein subsequent to the violation. d) Failure to wear a protective helmet as herein described shall not be considered evidence of either comparative or contributory negligence in any civil suit arising out of any accident in which a person under eighteen years of age is injured, nor shall failure to wear a protective helmet be admissible as evidence in the trial of any civil action.