CHAPTER 474
Bicycles and Motorcycles

474.01   Application of chapter.

474.02   Riding upon seats; carrying packages; motorcycle handle bars; helmets and glasses.

474.03   Attaching bicycles, motorcycles  to other vehicles.

474.04   Riding on right side of roadway; riding abreast.

474.05   Lights, signal devices, brakes on bicycles.

474.06   Riding on sidewalks.

474.07   Parking; locks; theft.

474.08   Parent's responsibility.

474.09   Impounding.

474.10   Operation of motorized bicycles.

474.11   Electric bicycles.

474.99   Penalty.

CROSS REFERENCES

      See section histories for similar State law

      Bicycle defined - see TRAF. 402. 05

      Motorcycle defined - see TRAF. 402.20

      Bicycles prohibited on freeways - see TRAF. 412. 05

      Operation of vehicles on bicycle paths - see TRAF. 432.36

      Motorcycle operator's license required - see TRAF. 436.01(a)

      Motorcycle headlight - see TRAF. 438.03

      Motorcycle reflectors - see TRAF. 438.05(b)

      Motorcycle brakes - see TRAF. 438.19(b)

      Motorcycle mufflers - see TRAF. 438.21

474.01 APPLICATION OF CHAPTER.

   (a)   The provisions of this Traffic Code that are applicable to bicycles and electric bicycles apply whenever a bicycle or electric bicycle is operated upon any street or upon any path set aside for the exclusive use of bicycles. 

   (b)   Except as provided in subsection (d) of this section, a bicycle operator or electric bicycle operator who violates any section of this Traffic Code described in subsection (a) of this section that is applicable to bicycles or electric bicycles may be issued a ticket, citation or summons by a law enforcement officer for the violation in the same manner as the operator of a motor vehicle would be cited for the same violation.  A person who commits any such violation while operating a bicycle or electric bicycle shall not have any points assessed against the person’s driver’s license, commercial driver’s license, temporary instruction permit, or probationary license under Ohio R.C. 4510.036.

   (c)   Except as provided in subsection (d) of this section, in the case of a violation of any section of this Traffic Code described in subsection (a) of this section by a bicycle operator, electric bicycle operator, or motor vehicle operator when the trier of fact finds that the violation by the motor vehicle operator endangered the lives of bicycle riders or electric bicycle riders at the time of the violation, the court, notwithstanding any provision of this Traffic Code to the contrary, may require the bicycle operator, electric bicycle operator or motor vehicle operator to take and successfully complete a bicycling skills course approved by the court in addition to or in lieu of any penalty otherwise prescribed by the Traffic Code for that violation.

   (d)   Subsections (b) and (c) of this section do not apply to violations of Section 434.01 of this Traffic Code.  (ORC 4511.52)

   (e)   The provisions of this Traffic Code shall apply to bicycles and electric bicycles except those which by their nature are not applicable.

474.02 RIDING UPON SEATS; CARRYING PACKAGES; MOTORCYCLE HANDLE BARS; HELMETS AND GLASSES.

   (a)    For purposes of this section, "snowmobile" has the same meaning as given that term in Section 476.01.

   (b)   No person operating a bicycle or electric bicycle shall ride other than upon or astride the permanent and regular seat attached thereto, or carry any other person upon such bicycle or electric bicycle other than upon a firmly attached and regular seat thereon, and no person shall ride upon a bicycle or electric bicycle other than upon such a firmly attached and regular seat.

   (c)    A person shall ride upon a motorcycle only while sitting astride the seat, facing forward, with one leg on each side of the motorcycle.

   (d)    No person operating a bicycle or electric bicycle shall carry  any package, bundle or article that prevents the driver from keeping at least one hand upon the handle bars.

   (e)    No bicycle, electric bicycle or motorcycle shall be used to carry more persons at one time than the number for which it is designed and equipped, nor shall any motorcycle be operated on a highway when the handle bars or grips are more than fifteen inches higher than the seat or saddle for the operator.

   (f)    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 years, or who holds a motorcycle operator's endorsement or license bearing a "novice" designation that is currently in effect as provided in Ohio R. C. 4507.13, shall operate a motorcycle on a highway, or be a passenger on a motorcycle, unless wearing a protective helmet on his 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 subsection or a violation thereof shall not be used in the trial of any civil action.

(ORC 4511.53; Adopting Ordinance )

   (g)   (1)    No person under the age of sixteen years shall operate a bicycle, or ride as a passenger on a bicycle equipped with a passenger seat, within the City unless such person is wearing a protective helmet on his or her head, with the chin strap fastened under the chin. Such helmet shall be fitted to the size of the operator and shall meet or exceed the standards set by the American National Standards Institute (ANSI) or the Snell Memorial Foundation (SNELL). This subsection shall not apply to any person riding a bicycle or who is a passenger on a bicycle on property zoned Class U-1 where such person resides.

      (2)    No parent, guardian or person acting for a parent shall permit a person under sixteen years of age to violate this subsection.

      (3)    Any person under the age of sixteen years found in violation of this subsection shall be informed by the police of the violation and of the severe injuries which may result when an accident occurs to a child not wearing a helmet. The police may take possession of the bicycle and hold it until the parent, guardian or person acting on behalf of the child claims the bicycle and is informed by the police of the violation and the severe injuries which may result.

      (4)    It shall be an affirmative defense to a violation of this section that the parent, guardian or person acting on behalf of a parent or guardian made a good faith effort to purchase a helmet for the minor but was unable to do so as the result of the unavailability of a helmet meeting the requirements in this subsection.

      (5)    Any parent, guardian or person acting on behalf of a parent or guardian of a person under the age of sixteen years, who permits such person under age of sixteen years to operate or be a passenger on a bicycle in the City, on public or private property, in violation of this subsection, shall be fined not more than twenty-five dollars ($25.00). (Ord. 1990-123. Passed 12-3-90.)