ROCHESTER, N.Y. (WROC) — A 9-year-old boy is dead after a dirt bike accident on Sunday afternoon.

According to the Rochester Police Department, the child was riding with his father on Kilmar Street near Norton Street around 3:30 p.m.

The child was on the back of the dirt bike with his father when his father hit a curb, causing the accident. The dad suffered minor injuries. Police said the two were not wearing helmets.

The boy was taken to an area hospital where he later died.

The father was not charged Sunday, but charges may be applied in the near future depending on the investigation.

The legality of dirt bikes is “situationally dependent” — for the dirt bike to be operated legally on a public street it must meet all New York State Vehicle and Traffic Law requirements and be registered in accordance with the law.

Rochester Mayor Lovely Warren released this statement Monday regarding the accident:

“Yesterday’s news regarding the death of a young boy while riding on a motorbike is truly heartbreaking,” said Mayor Warren. “My heart goes out to his family and I ask our residents to join me in praying for them. This tragedy makes clear that riding motorbikes and ATV’s on City streets and sidewalks is dangerous and can’t be tolerated. I ask the public to be smart and only use these unlicensed vehicles on appropriate private property. We will work with the community to better educate and inform people of the dangers regarding these vehicles in City neighborhoods.”

The Rochester Police Department released a reminder about the rules and regulations for all terrain vehicles:

This is a developing story, News 8 will provide updates as they become available.