(1) A person commits the offense of failure of a bicycle rider, skateboarder, scooter rider or in-line skater to wear protective headgear if the person rides on a bicycle, skateboard, scooter or in-line skates on any city-owned property not open to the general public for the use of motor vehicles and is not wearing protective headgear of a type approved under ORS 815.052.

(2) If a person in violation of this section is a child 11 years of age or younger, any citation issued shall be issued to the parent, legal guardian or other individual with legal responsibility for the safety and welfare of the child.

(3) If a person in violation of this section is a child between the ages of 12 and 16 years of age, a citation may be issued to the child or to the parent, legal guardian or other individual with legal responsibility for the safety and welfare of the child, but not both.

(4) The first time a person is convicted under this section, the person shall not be required to pay a fine if the person proves to the satisfaction of the Court that the person has protective headgear of a type approved under ORS 815.052.

(5) Violation of this section constitutes a violation.