(a) It is unlawful for any person under sixteen (16) years of age to operate or ride upon in-line or roller skates, skateboards, scooters, coasters, toy motorized vehicles, gasoline or electric motor-driven cycles or scooters, bicycles, tricycles, unicycles, or any similar vehicles on any highways, streets, roads, bike-ways or trails, unless that person wears a certified, protective helmet that is properly fitted and that is properly fastened. This requirement also applies to any minor who rides in a restraining seat, trailer, backpack, or similar child-restraining device, used by someone who operates in-line or roller skates, skateboards, scooters, coasters, toy motor vehicles, gasoline or electric motor-driven cycles or scooters, bicycles, tricycles, unicycles, or any similar vehicles. A parent or guardian having control or custody of an unemancipated minor whose conduct violates this section shall be liable for the fine imposed by this section.

(b) No parent or guardian of any unemancipated minor shall allow the minor under sixteen (16) years of age to violate this section.

(c) The fine for the first violation of this section shall be twenty-five dollars ($25.00). The fine for a second violation of this section shall be thirty-five dollars ($35.00). The fine for a third or subsequent violation shall be fifty dollars ($50.00).

(d) The first time a person is charged with a violation of this section, the Court or City may dismiss the charge upon presentation of evidence that the person has purchased or obtained a certified, protective helmet.

(e) A certified, protective helmet is a helmet containing a manufacturer certification that it meets the standards of the American National Standards Institute, American Society for Testing and Materials (ASTM) or the United States Consumer Product Safety Commission (CPSC).

(f) A violation of this section cannot be used as evidence of negligence or comparative negligence.