§ 66-203. Helmets required/penalty for failure to wear helmet.

(a)

Helmet required.

(1)

It is unlawful for any child to operate or ride a motor assisted scooter unless the child is wearing a helmet.

(2)

It is unlawful for a parent to allow or permit a child to operate or ride a motor assisted scooter unless the child is wearing a helmet.

(3)

A parent whose child operates or rides a motor assisted scooter without wearing a helmet is presumed to have allowed or permitted the child to do so.

(4)

It is a defense to prosecution that the motor assisted scooter was not being operated upon public property or a public way at the time of the alleged offense.

(b)

Penalty. A person who violates any provision of subsection (a), above, requiring helmets, shall be guilty of a class C misdemeanor and upon conviction shall be fined an amount not to exceed $50.00 upon the first conviction and an amount not to exceed $100.00 upon the second and each subsequent conviction.

(Ord. No. O-2005-014-04, § 2, 4-25-05)