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A. Requirement for helmet use. No person under 18 years of age shall ride a bicycle or be a passenger on a bicycle, ride in a restraining seat attached to a bicycle, or ride in a device towed by a bicycle unless that person is wearing a properly fitted and fastened bicycle helmet which meets the current standards of the American National Standards Institute for protective headgear.

B. Bicycle renters and sellers. It shall be unlawful for any person to rent or lease any bicycle to or for the use of a person under the age of 18 years unless:

1. the person is in possession of a protective helmet meeting the standards set out in Section A at the time of such rental or lease; or

2. the rental or lease includes a protective bicycle helmet meeting the standards set out in Section A and the person agrees to wear the helmet at all times while operating or riding as a passenger on the bicycle.

C. Written explanation of provisions. A person regularly engaged in the business of selling bicycles shall provide any purchaser of a bicycle with a written explanation, either on the receipt of sale or on a separate form indicating receipt of a written explanation of the provisions set forth in Section A.

D. Civil penalties. Any person in violation of this section shall be found guilty of a civil infraction and be required to pay a minimum fine of $50.00 which cannot be suspended except pursuant to subsection 11-3-16(E).

E. Waiver of fine. The penalty provided in this section for a violation of Section 11-3-16(A) may be waived if an offender presents suitable proof that an approved helmet has been purchased or otherwise obtained since the time of the violation and that the minor uses or intends to use said helmet whenever required to do so by this section. ((O)94-17A, )