§ 75.01. Bicycles.

A.

The provisions of this title which are applicable to bicycles apply whenever a bicycle is operated on any street or highway or on any path set aside for the exclusive use of bicycles.

B.

Every person operating a bicycle shall obey the instructions of official traffic-control devices and signals applicable to vehicles, unless otherwise directed by a police officer.

C.

Every person under sixteen years of age operating a bicycle shall wear a helmet of good fit, fastened securely and meeting ANSI (American National Standards Institute) Z90.4 or subsequent bicycle helmet standards or the Snell Memorial Foundation's 1984 Standard for Protective Headgear For Use in Bicycling or subsequent standard.

D.

No person operating a bicycle shall allow passengers under sixteen years of age to ride unless the passenger is wearing a protective helmet meeting the standards set out in 75.01(C) and in a firmly attached regular seat thereon or riding in an enclosed trailer or other device which meets or exceeds current nationally recognized standards of design and manufacturer for the protection of the passenger's head from impacts in an accident without the need for a helmet.

E.

Any person found in violation of section (C) or (D) shall be informed by the police of the violation and warned on a first offense.

F.

A second violation of (C) or (D) shall be dismissed if the person charged submits proof that equipment meeting the standards in (C) or (D) has been acquired for use by the operator or passenger. Otherwise, any violation of (C) or (D) is punishable by a fine, including all costs, of not more than ten dollars. Any fine may be suspended by the court if the violator participates in an Akron Police Department approved bicycle safety program.

G.

Failure to observe the provisions of sections (C) and (D) shall not be admissible as evidence of negligence in a court of law.

H.

In order to monitor the enforcement of this provision, the police will collect data regarding warnings and citations issued with reference to the United States Census Tract, where the warning or citation arose. Penalty, see § 70.99. (R.C. § 4511.52)

(Ord. 179-2001; Ord. 729-1973)