§ 24-37. Failure to wear protective bicycle helmet.

Any person fourteen (14) years of age or younger riding or being carried on a bicycle within the city on any highway (as defined in Code of Virginia Section 46.2-100), sidewalk, public bicycle path or other public property shall wear a protective helmet. The helmet must be worn on the person's head and must meet the standards promulgated by the American National Standards Institute or the Snell Memorial Foundation.

Violation of this section shall be punishable by a fine of twenty-five dollars ($25.00). However, such fine shall be suspended (1) for first-time violations and (2) for violators who, subsequent to the violation but prior to the imposition of the fine, purchase helmets of the type required by this section.

Violation of this section shall not constitute negligence, assumption of risk, be considered in mitigation of damages of whatever nature, be admissible in evidence or be the subject of comment by counsel in any action for the recovery of damages arising out of operation of any bicycle, nor shall anything in this section change any existing law, rule or procedure pertaining to any civil action.

(Ord. No. 97-1700-562, 5-20-97)

(Ord. No. 97-1700-562, 5-20-97)