(b) Any parent, legal guardian or person who has actual responsibility for a child under eighteen years of age who knows or should have known the child is operating or is a passenger on an all-terrain vehicle without a helmet as required by the provisions of section one of this article is guilty of a misdemeanor and, shall, upon conviction, be subject to the following penalties:

1. (1) For a first offense, a fine of not less than $50 nor more than $100 or not more than ten hours of community service, or both;
2. (2) For a second offense, a fine of not less than $100 nor more than $200 or not more than twenty hours of community service, or both;
3. (3) For a third or subsequent offense, a fine of not less than $200 nor more than $500 or not more than one hundred hours of community service, or both.