Section VIII. Legislative Language

F. Seymour, Connecticut

1. SEYMOUR, CT. ORDINANCE

LEGAL NOTICE

SEYMOUR, CONNECTICUT

The following Ordinance BICYCLE HELMET ORDINANCE was amended and approved according to provisions of section 7.5 of the Charter of the Town of Seymour at a meeting of the Board of Selectmen held on Monday, June 29, 1998.

Chapter 8. Article VIII of the Municipal Code is hereby amended to read as follows:

Article VIII Bicycle Helmet Ordinance

Section 8-150 Statement of Purpose

The purpose of this ordinance is to reduce the incidence of bicycle related death and disability by requiring that while riding on public roadways, public bicycle paths, or other public right-of-way, all operators and passengers wear protective bicycle helmets.

Section 8-151 Definitions

As used in this section, the following items shall have the meanings indicated:

BICYCLE - A human powered vehicle with two (2) wheels in tandem designed to transport, by the act of pedaling, one (1) or more persons seated on one (1) or more seats on its frame. Bicycle includes, but is not limited to, a human powered vehicle designed to transport by the act of pedaling which has more than two (2) wheels when the vehicle is used on a public roadway, public bicycle path, or other public right-of-way.

OPERATOR - A person who travels on a bicycle seated on a seat from which that person is intended to and can pedal the bicycle.

OTHER PUBLIC RIGHT-OF-WAY - Any right-of-way other than a public roadway or public bicycle path that is under the jurisdiction and control of the State of Connecticut, or Town of Seymour.

PASSENGER - Any person who travels on a bicycle in any manner except as an operator.

PROTECTIVE BICYCLE HELMET - A piece of headgear which meets or exceeds the impact standard for protective bicycle helmets set by the American National Standards Institute (ANSI), the Snell Memorial Foundation, the American Society for Testing and Materials (ASTM) or any established safety standard adopted by the federal government.

PUBLIC BICYCLE PATH - A right-of-way that is under the jurisdiction and control of the State of Connecticut, or Town of Seymour, for use primarily by bicyclists and pedestrians.

PUBLIC ROADWAY - A right-of-way that is under the jurisdiction and control of the State of Connecticut, or Town of Seymour, for use primarily by motor vehicle traffic.

Section 8-152 Helmet Use Requirements

It is unlawful for any person to use a bicycle on a public roadway, public bicycle path, or other public right-of-way, under any one of the following conditions:

1. For a person to operate or be a passenger on a bicycle unless at all times the person wears a protective bicycle helmet of good fit, fastened securely upon the head with the straps of the helmet.

2. For any parent or legal guardian of a person ages 18 and under to knowingly permit the person to operate or be a passenger on a bicycle in violation of subdivision 1 of this section.

Section 8-153 Bicycle Sales or Renting

1. A person regularly engaged in the business of renting bicycles in Seymour shall require each person seeking to rent a bicycle to provide his or her signature either on the rental form or on a separate form indicating both of the following:

a. Receipt of a written explanation of the provisions of this act and the penalties for violations.

b. A statement concerning whether a person ages 18 and under will operate the bicycle in an area where the use of a helmet is required.

2. A person regularly engaged in the business of renting bicycles shall provide a helmet to any person who will operate the bicycle in an area requiring a helmet, if the person does not already have a helmet in his or her possession. A reasonable fee may be charged for the helmet rental.

Section 8-155 Penalties

Violations of Section 8-152 of this act shall be handled in the following manner:

1. On the first offense, the violator shall be assessed a fine not to exceed twenty five dollars ($25.00).

2. On the second, and any subsequent offenses, the violator shall be assessed a fine not to exceed one hundred dollars ($100.00) for each offense.

3. Fines assessed to violators ages 18 and under shall be the legal responsibility of the violator's parent or legal guardsman.

Dated at Seymour, Connecticut, this 30th day of June, 1998.