§ 26-256. Penalties.

(a)

A person who violates any provision of section 26-257 shall be guilty of a class C misdemeanor and, upon conviction, shall be fined an amount not exceeding $500.00.

(b)

The purpose of section 26-257 is to promote safety and discourage the use of motor assisted scooters in unsafe areas. The courts may consider deferred dispositions under the Vernon's Annotated Code of Criminal Procedure, as it exists or may be amended, whenever the circumstances warrant deferred dispositions.

(c)

A person who violates any provision of section 26-258, requiring helmets, shall be guilty of a class C misdemeanor and, upon conviction, shall be fined an amount not exceeding $50.00 upon the first conviction and an amount not exceeding $100.00 upon the second and each subsequent conviction.

(d)

The municipal court shall dismiss a charge against a child and/or parent for a first offense under section 26-258 upon receiving proof that:

(1)

The defendant acquired a helmet for the child who was operating or riding the motor-assisted scooter in violation of section 26-258; and

(2)

The defendant acquired the helmet on or before the tenth day after receiving the citation of the violation.

(e)

If the charge against a person is dismissed under section 26-257, a later conviction for a violation of section 26-258 shall be considered a second or subsequent conviction for the purposes of section 26-257.

(f)

The purposes of section 26-258 is to promote safety and encourage the use of helmets. The courts may consider deferred dispositions under the Vernon's Annotated Code of Criminal Procedure, as it exists or may be amended, whenever the circumstances warrant deferred dispositions.

(Ord. No. 04-26, § 2((C), (E)), 4-5-2004)