By Council Members Dear, Leffler, Watkins, Stabile and Ognibene; also Council Members Duane, Eisland, Eldridge, Foster, Harrison, Marshall, McCabe, Povman and Fusco.
To amend the administrative code of the City of New York in relation to requiring that helmets be worn during the operation of rollerskates, in-line skates and skateboards.
Be it enacted by the Council as follows:
Section one. The title and heading of subchapter 3 of chapter 1 of title 19 of the administrative code of the city of New York are amended to read as follows:
19-176 Bicycle operation on sidewalks prohibited.
19-176.1 Reckless operation of roller skates, in-line skates and skateboards prohibited.
19-176.2 Helmets required during operation of rollerskates, in-line skates and skateboards.
19-177 Speed Limits; posting of signs.
19-178 Truck weight and length limitations.
19-179 Traffic calming study.
2. The introductory phrase of subdivision a of section 19-176.1 of the administrative code of the city of New York is amended to read as follows:
19-176.1 Reckless operation of roller skates, in-line skates and skateboards prohibited. a. For purposes of this [section] subchapter:
3. Subchapter 3 of chapter 1 of title 19 of the administrative code of the city of New York is amended by adding thereto a new section 19-176.2 to read as follows:
19-176.2 Helmets Required. a. (1) No person fourteen years of age or more shall operate rollerskates, in-line skates or a skateboard unless such person is wearing a helmet meeting the standards of the American National Standards Institute (ANSI Z 90.4 Bicycle Helmet Standards) or the Snell Memorial Foundation's standards for protective headgear for use in bicycling. For the purposes of this subdivision, wearing a helmet means having a helmet of good fit fastened securely upon the head with the helmet straps.
(2) This subdivision shall be enforced by the department, police department and the department of parks and recreation.
b. (1) Any person who violates the provisions of subdivision a of this section shall be subject to a fine of not less than fifty dollars nor more than one hundred dollars. Such a violation shall be a traffic infraction and shall be punishable in accordance with section 1800 of the vehicle and traffic law.
(2) Any fine which may be imposed pursuant to paragraph 1 of this subdivision may be mitigated or waived if such person supplies proof that between the date of the violation and the appearance date for such violation such person purchased a helmet, which meets the requirements of paragraph 1 of subdivision a of this section.
c. The police commissioner shall promulgate rules necessary to implement the provisions of this local law including, but not limited to, criteria for the waiver of any fines imposed under this local law.
4. This local law shall take effect immediately.
Referred to the Committee on Transportation.
Note: Matter in italics is new; matter in brackets [ ] to be omitted.