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O-97-29ORDINANCE NO. 0 -97 -29 AN ORDINANCE AMENDING CHAPTER 22, ARTICLE 15 OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD OF 1975 Published in pamphlet form this 8th day of July 11997 by the President and Board of Trustees of Deerfield. JKS 145055 . I June 10, 1997 ORDINANCE NO. 0 -97- 2 9 AN ORDINANCE AMENDING CHAPTER 22, ARTICLE 15 OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD OF 1975 WHEREAS, the Corporate Authorities of the Village of Deerfield desire to achieve safety in the operation of bicycles and the use of in -line skates and skateboards within the Village, particularly by persons under the age of 16 years. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS AS FOLLOWS: SECTION That Article 15 of Chapter 22 of the Municipal Code of the Village of ONE: Deerfield of 1975, as amended, is hereby further amended by adding thereto the following: "Sec. 22 -121A. Helmets Required. (a) Every person under the age of sixteen (16) years shall wear a protective helmet that meets the standards promulgated by the American National Standards Institute or the American Society for Testing and Materials or the Snell Memorial Foundation, Inc. whenever that person is upon a public highway, sidewalk, bicycle path or other public right -of -way within the corporate limits of the Village and is riding or being carried on any bicycle or any carrier attached to or pulled by a bicycle, or is skateboarding or using in -line skates. (b) The provisions of Section 22 -160A "Compliance Tickets" of the Municipal Code of the Village of Deerfield of 1975 shall apply to any violation of any provision of Section 22 -121A; provided, however, notwithstanding anything contained herein or in said Section 22 -160A to the contrary, compliance may be demonstrated within ten (10) days following issuance of a Compliance Ticket at the Village Police Station by proof of possession of a helmet that meets the standards specified in Section 22- 121A(a); and, solely with respect to the first such violation, there shall be no requirement to pay any fee as specified in Section 22- 160A. (c) A violation of this Section 22 -121A shall not constitute negligence, contributory negligence, assumption of risk, be considered in mitigation of damages of whatever nature, be admissible in evidence, or be the subject of comment by counsel in any action for the recovery of damages arising out of the operation of any bicycle, or participation in skateboarding or in -line skating, nor JKS 145055 . I June 10, 1997 ORDINANCE NO. 0 -97 -2 9 AN ORDINANCE AMENDING CHAPTER 22, ARTICLE 15 OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD OF 1975 shall anything in this Section change any existing law, rule or procedure pertaining to any civil action." SECTION That this Ordinance shall not affect any prosecution pending or any TWO: penalty, punishment, forfeiture incurred, cause of action, or rights, powers or remedies accrued under any ordinance in effect immediately prior to the effective date hereof. SECTION That if any section, subsection, paragraph, sentence, clause or phrase of THREE: this Ordinance or any part thereof is, for any reason, held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance, or any part thereof. SECTION That the Village Clerk is hereby directed to publish this Ordinance in FOUR: pamphlet form. SECTION That this Ordinance shall be in full force and effect from and after its FIVE: passage, approval and publication in the manner provided by law. AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swartz (5) NAYS: None (0 ) ABSENT: Swanson (1) PASSED: This 7th day of July A.D., 1997. APPROVED: This 7th day of July A.D., 1997. VILLAGE PRESIDENT ATTEST: VILLAGE CLERK (Deputy) JKS 145055 . 1 June 10, 1997 2