A. Any person under sixteen (16) years of age riding or otherwise operating any bicycle or electric-assisted bicycle, including any passenger thereon and/or person being towed thereby, on any public area in the City shall wear an approved helmet, and shall have either the neck or chin strap of the helmet fastened securely while the device is in motion.

B. No person shall transport another person on or tow another person on a device listed in subsection A of this section upon any area in the jurisdiction of the City, unless the passenger is wearing an approved helmet.

C. A guardian is responsible for requiring that a child under sixteen (16) years of age who is under the guardian’s care wears an approved helmet, the neck or chin strap of which is fastened securely, while upon a devise listed in subsection A of this section in motion, or riding as a passenger on a device listed in subsection A of this section in any public area in the City.

D. It is an affirmative defense to a violation of this section that the guardian responsible for a child under sixteen (16) years of age did require the child to wear an approved helmet at all times that the child was in the guardian’s presence.

E. It is an affirmative defense to a violation of this section for a person wearing an unapproved helmet that the helmet was furnished in conjunction with his or her rental, lease, or use of a device listed in subsection A of this section by a person or organization engaged in the business of renting, leasing, or loaning such devices, and that the helmet was fastened securely while riding.

F. Provisions of this chapter shall not apply to any wheeled devices such as, but not limited to, electronic scooters or wheelchairs that are designed and being utilized for medically related reasons. (Ord. 2682, 5/14/13)