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.)