City of Brecksville Traffic Code
The city of Brecksville, Ohio, has enacted Bicycle Helmet Legislation. Their law is included here to be used as a sample for more such laws and as an example of legislation that has been successful.
City of Brecksville
Ordinance No. 3676
AN ORDINANCE ENACTING NEW SECTION 373.12 TO THE CODIFIED ORDINANCES OF THE CITY OF BRECKSVILLE RELATING TO THE MANDATORY USE OF BICYCLE, ROLLER SKATE, ROLLER BLADE, AND SKATEBOARD SAFETY EQUIPMENT FOR MINORS; AND DECLARING AN EMERGENCY
WHEREAS, statistics and studies have shown that a significant number of serious injuries involving bike riders, roller skaters, roller bladers, and skateboarders occur to individuals who are not wearing protective helmets.
NOW, THERFORE, BE IT ORDAINED by the Council of the City of Brecksville, County of Cuyahoga, and State of Ohio, that:
SECTION 1. New Section 373.12 shall be added to the Codified Ordinances of the City of Brecksville and, as enacted, shall read as follows:
373.12 BICYCLE, ROLLER SKATE, ROLLER BLADE, AND SKATEBOARD SAFETY EQUIPMENT.
- No person under the age of eighteen (18) shall operate a bicycle, roller skate, roller blade or use a skateboard within the City unless such person is wearing a protective helmet on his or her head, with the chin strap fastened under their chin. Such helmet shall be appropriately fitted to the size of the operator and shall meet or exceed the standards set by ANSI (American National Standards Institute) or SNELL (Snell Memorial Foundation).
- No person under the age of eighteen (18) years shall be a passenger on a bicycle within the City unless such person is wearing a protective helmet on his or his head, with the chin strap fastened under the chin. Such helmet shall be appropriately fitted to the size of passenger and shall meet or exceed the standards by ANSI (American National Standards Institute) or SNELL (Snell Memorial Foundation). This requirement shall also apply to a person who rides upon a bicycle while in a restraining seat which is attached to the bicycle or in a trailer towed by the bicycle.
- No parent, guardian, or legal custodian of a minor person who engages in conduct prohibited by Subsections (a) or (b) shall create a substantial risk to the health or safety of such minor person by aiding, abetting, causing, encouraging, or permitting such conduct.
- This section shall not be applicable to the operation of a bicycle, roller skating, roller blading, or using a skate board on private residential property.
- Whoever violates this section shall be given a written warning advising of the violation of this section along with advising of the dangers which may result when a bicycle, roller skating, roller blading, or skateboard accident occurs to a person who is not wearing a helmet. Whoever violates this section on a second on a second offense, shall be fined not more than fifty dollars ($50.00). For each and every subsequent violation of this section, a fine not to exceed one hundred dollars ($100.00) shall be imposed.
SECTION 2. Council declares this Ordinance to be an emergency measure necessary for the immediate preservation of the public peace, health, safety and welfare, the reason for the emergency is that the same relates to the daily operation of a municipal department, therefore said Ordinance shall be in full force and effect immediately upon its adoption by this Council and approval by the Mayor, otherwise from and after the earliest period allowed by law.
Passed on September 15, 1998, and approved on September 16, 1998.
