2173.02 - Rules for bicycles, motorcycles, mobility devices, and snowmobiles.
(A) A person operating or riding upon a bicycle, motorcycle or mobility device with a permanent and regular seat attached thereto shall not ride other than upon or astride such seat, nor carry any other person upon the same other than upon a separate firmly attached and regular seat thereon. A person operating a mobility device without a permanent and regular seat attached thereto shall not ride other than standing upon the footboard
A person shall ride upon a motorcycle only while sitting astride the seat, facing forward, with one leg on each side of the motorcycle.
No person operating a bicycle or a mobility device shall carry any package, bundle, or article that prevents the driver from keeping at least one (1) hand upon the handle bars.
No person operating a mobility device should do so on any streets if the posted speed limit is over 35 mph unless in a dedicated bike lane or shared use path.
No person operating a mobility device shall exceed a speed at greater than 20 miles per hour.
No person under the age of sixteen (16) shall operate a mobility device upon any street or highway or any public or private property used by the public for purposes of vehicular travel or parking except on a shared use path.
No person operating a bicycle, mobility device or motorcycle shall carry more persons than the number for which it is designed and equipped, nor shall any person operate a motorcycle on a street or highway when the handle bars or grips are more than fifteen (15) inches higher than the seat or saddle for the operator.
No person shall operate or be a passenger on a snowmobile or motorcycle without using safety glasses or other protective eye device. No person who is under the age of eighteen (18) years, or who holds a motorcycle operator's endorsement or license bearing a "novice" designation that is currently in effect as provided in Section 4507.13 of the Ohio Revised Code shall operate a motorcycle on a highway, or be a passenger on a motorcycle, unless wearing a protective helmet on the person's head, and no other person shall be a passenger on a motorcycle operated by such a person unless similarly wearing a protective helmet. The helmet, safety glasses, or other protective eye device shall conform with regulations prescribed and promulgated by the Ohio Director of Public Safety. The provisions of this paragraph or a violation thereof shall not be used in the trial of any civil action. Nothing in this section shall be construed as prohibiting the carrying of a child over the age of one (1) year but under the age of eighteen (18) years in a seat or trailer that is designed for carrying children and is firmly attached to the bicycle.
(B) (1)
No person under the age of eighteen (18) shall operate a bicycle or mobility device within the City without wearing a protective helmet on the person's head, with the chin strap fastened under the person's chin. Such helmet shall be fitted to the size of the operator's head and shall meet or exceed the standards set forth by the U.S. Consumer Product Safety Commission (CPSC).
No person the age of one (1) or older but under the age of eighteen (18) shall ride as a passenger on a bicycle or mobility device equipped with a firmly attached passenger seat or astride a regular seat on a tandem bicycle, within the City without wearing a protective helmet on the person's head, with the chin strap fastened under the person's chin. Such helmet shall be fitted to the size of the operator's head and shall meet or exceed the standards set forth by the U.S. Consumer Product Safety Commission (CPSC). Failure to wear a protective helmet as required in this division shall not be considered to be comparative or contributory negligence on the part of the parent, guardian, custodian, person having custody or control, or person in loco parentis of a child nor on the part of the child nor shall such failure be admissible in any civil action.
(2) No person, who is the parent, guardian, custodian, person having custody or control, or person in loco parentis of a child under eighteen (18) years of age shall authorize or knowingly permit such child to violate any provision of this division.
(C) (1)
Except as otherwise provided in this division, whoever violates division (A) of this section is guilty of a minor misdemeanor. If, within one (1) year of the offense, the offender previously has been convicted of or pleaded guilty to one (1) predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one (1) year of the offense, the offender previously has been convicted of two (2) or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
(2) Whoever violates division (B)of this section shall be fined no more than twenty-five dollars ($25.00).
(D) The Director of Public Safety and the Chief of Police shall be responsible for enforcing division (B) of this section, and shall, as in all other enforcement actions, be afforded discretion and professional judgment in determining the appropriate enforcement action, including a verbal or written warning or the issuances of a summons.
(ORC 4511.53; Ord. 1317-78; Ord. 2120-03 § 1 (part); Ord. 0950-2008 § 1 (part); Ord. 1987-2008 Attach. 1 (part); Ord. No. 2539-2018, § 2, 9-24-2018)