§ 20-230. Operation regulated.

(a)

Every person 15 years of age or under operating a bicycle on a public right-of-way within the town shall wear a protective helmet on his 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 American National Standards Institute (ANSI) Z90.4 or subsequent bicycle helmet standards, or the Snell Memorial Foundation's 1984 Standard for Protective Headgear for Use in Bicycling or subsequent standards.

(b)

No person operating a bicycle on a public right-of-way shall allow anyone four years old or younger, and weighing 40 pounds or less, to ride as a passenger on the bicycle, other than in a seat which shall adequately retain the passenger in place and protect the passenger from the bicycle's moving parts; or else astride a regular seat of a tandem bicycle.

(c)

No person operating a bicycle on a public right-of-way shall allow anyone to ride as a passenger unless the passenger is wearing a helmet as defined in subsection (a) of this section or else is in an enclosed trailer or other device which meets or exceeds current nationally recognized standards of design and manufacture for the protection of the passenger's head from impacts in an accident without the need for a helmet.

(d)

A person's first violation of subsection (a), (b) or (c) of this section shall be dismissed if the person charged with the violation submits proof that equipment meeting the standards has been acquired for use by the operator or passenger. Otherwise, any violation is punishable by a civil penalty of not more than $10.00.

(Code 1988, § 5-160; Ord. of 4-5-1994, pt. I)