Section VIII. Legislative Language

C. State of Maryland and Maryland Counties

3. ALLEGANY COUNTY, MD. ORDINANCE

BILL NUMBER: 2-92
A BILL ENTITLED:
“ALLEGANY COUNTY HELMET LAW”

An Act to require any person less than 16 years of age riding a bicycle, or riding as a passenger on a bicycle, to wear a helmet while riding on any public roadway or publicly owned facilities under the jurisdiction of Allegany County, Maryland.

SECTION ONE: It is hereby enacted by the County Commissioners of Allegany County, Maryland, that the public local laws of Allegany County shall read as follows:

ALLEGANY COUNTY HELMET LAW

(a.) It shall be the public policy of Allegany County, Maryland, that the County is concerned about the safe operation of bicycles on public rights-of-way; and for this reason, in order to protect the health, welfare and safety of the residents of the County, it is necessary that reasonable regulations be promulgated to permit the operation of bicycles in a prescribed manner and to require the use of safety equipment during their operation. These regulations are in addition to the statewide bicycle regulations contained in the Maryland Vehicle Law.

(b.) The provisions of this Section shall be applicable throughout the County on public rights-of-way and publicly owned facilities under the jurisdiction of the County.

(c.) The parent, guardian, or legal custodian of a minor shall not authorize nor knowingly permit the minor to violate this Section.

(d.) Any person less than 16 years of age operating or riding on a bicycle as a passenger on a public roadway, bicycle path, or any right-of-way under the jurisdiction in control of the County shall wear a protective helmet designed for bicycle safety. Such helmet shall meet or exceed standards set by the American National Standards Institute or the Snell Foundation.

(e.) Any person found guilty of violation of this Section, which shall include parents, guardians, or legal custodians, knowingly permitting such conduct or authorizing same shall, upon conviction, be guilty of a misdemeanor and be subject to a $25.00 fine.

(f.) The Court may waive any fine for which a person found guilty of violating the provisions of this Section if the person supplies the Court with proof that between the date of violation and the appearance date for such violation, the person purchased a helmet which meets the requirements of this Section.

SECTION TWO: All ordinances or parts of ordinances in conflict, or inconsistent, with any part of the terms of this Bill are hereby repealed to the extent that they are in such conflict or inconsistent.

SECTION THREE: In the event that any Section, part, or provisions of this Bill shall be held to be unconstitutional or invalid by any Court, such holding shall not affect the validity of this Bill as a whole, or any part thereof, other than the part so held unconstitutional or invalid.

SECTION FOUR: This Act shall take effect 45 days from the date of passage.

PASSED THIS 18th day of March, 1992.