474.04 RIDING ON RIGHT SIDE OF ROAD WAY; RIDING ABREAST.

   (a)   Every person operating a bicycle upon a roadway shall ride as near to the right side of the roadway as practicable obeying all traffic rules applicable to vehicles and exercising due care when passing a standing vehicle or one proceeding in the same direction. 

   (b)   This section does not require a person operating a bicycle to ride at the edge of the roadway when it is unreasonable or unsafe to do so.  Conditions that may require riding away from the edge of the roadway include when necessary to avoid fixed or moving objects, parked or moving vehicles, surface hazards, or if it otherwise is unsafe or impracticable to do so, including if the lane is too narrow for the bicycle and an overtaking vehicle to travel safely side by side within the lane.

   (c)    Persons riding bicycles, electric bicycles or motorcycles upon a roadway shall ride not more than two abreast in a single lane, except on paths or parts of roadways set aside for the exclusive use of bicycles, electric bicycles or motorcycles.

   (d)   If the offender commits the offense while distracted and the distracting activity is a contributing factor to the commission of the offense, the offender is subject to the additional fine established under Section 404.991 of the Traffic Code.  (ORC 4511.55)

474.05 LIGHTS, SIGNAL DEVICES, BRAKES ON BICYCLES.

   (a)   Every bicycle or electric bicycle when in use at the times specified in Section 438.02, shall be equipped with the following:

      (1)   A lamp mounted on the front of either the bicycle, or electric bicycle, or the operator that shall emit a white light visible from a distance of at least five hundred feet to the front; and three hundred feet to the sides.  A generator-powered lamp that emits light only when the bicycle or electric bicycle is moving may be used to meet this requirement.

      (2)   A red reflector on the rear that shall be visible from all distances from one hundred feet to six hundred feet to the rear when directly in front of lawful lower beams of head lamps on a motor vehicle.

      (3)   A lamp emitting either flashing or steady red light visible from a distance of five hundred feet to the rear shall be used in addition to the red reflector;

         If the red lamp performs as a reflector in that it is visible as specified in subsection (a)(2) of this section, the red lamp may serve as the reflector and a separate reflector is not required.

   (b)   Additional lamps and reflectors may be used in addition to those required under subsection (a) of this section, except that red lamps and red reflectors shall not be used on the front of the bicycle and white lamps and white reflectors shall not be used on the rear of the bicycle.

   (c)   Every bicycle shall be equipped with an adequate brake when used on a street or highway.   

   (d)   A bicycle or electric bicycle may be equipped with a device capable of giving an audible signal, except that a bicycle or electric bicycle shall not be equipped with nor shall any person use upon a bicycle or electric bicycle any siren or whistle.  (ORC 4511.56)

474.06 RIDING ON SIDEWALKS.

   No person under the age of eleven years, unless accompanied by a parent or legal guardian, shall operate a bicycle on the roadways within the City, provided sidewalks are available. Persons eleven years of age and older may operate a bicycle upon the roadways, but shall be governed by the same provisions of this Traffic Code relative to right of way as other vehicles. Every person operating a bicycle upon a sidewalk shall yield the right of way to all pedestrians and vehicles lawfully using the sidewalk. No person shall ride a bicycle on a sidewalk in a business district where restrictions have been placed by the Chief of Police due to congestion of the area, and where such restrictions are indicated by clearly visible signs. (Ord. 1974-27. Passed 4-15-74.)

474.07 PARKING; LOCKS; THEFT.

   (a)    No operator of a bicycle or motorcycle shall park the same on any public property within the City unless such vehicle is securely locked. 

   (b)    No person shall steal any bicycle or motorcycle, or purposely take, ride or operate any such vehicle without the consent of the owner thereof, or buy or conceal any such vehicle, or a part therefor, that has been stolen, knowing it to have been stolen, of a value of less than one hundred fifty dollars ($150.00). (Ord. 1974-27. Passed 4-15-74.)

474.08 PARENT'S RESPONSIBILITY.

   No parent of any child or guardian of any ward shall authorize or knowingly permit any such child or ward to violate any of the provisions of this chapter.

(Ord. 1974-27. Passed 4-15-74.)

474.09 IMPOUNDING.

   Whenever any bicycle or motorcycle is operated by any person in violation of any of the provisions of this Traffic Code or is found on any public property not securely locked, such vehicle may be seized by any member of the Police Department and impounded in the Property Room of the Police Department or the Motor Vehicle Pound. Such impounded vehicles shall not be released except upon written order signed by the Chief of Police or some other officer designated by him. Any charges for towing or storing any impounded vehicle shall be paid by the owner of the vehicle or his agent directly to the garage acting as Motor Vehicle Pound. All parking citation charges, delinquent or otherwise, shall be paid before such vehicle is released.

   Bicycles and motorcycles impounded from persons under the age of eighteen years shall be released only to the parent or guardian of such person who shall be apprised of the reason for impounding the vehicle. (Ord. 1974-27. Passed 4-15-74. )

474.10 OPERATION OF MOTORIZED BICYCLES.

   (a)   No person shall operate a motorized bicycle upon any street or highway or any public or private property used by the public for purposes of vehicular travel or parking, unless all of the following conditions are met:

      (1)   The person is fourteen or fifteen years of age and holds a valid probationary motorized bicycle license issued after the person has passed the test provided for in Ohio R.C. 4511.521, or the person is sixteen years of age or older and holds either a valid commercial driver’s license issued under Ohio R.C. Chapter 4506, or a driver’s license issued under Ohio R.C. Chapter 4507, or a valid motorized bicycle license issued after the person has passed the test provided for in Ohio R.C. 4511.521, except that if a person is sixteen years of age, has a valid probationary motorized bicycle license and desires a motorized bicycle license, the person is not required to comply with the testing requirements provided for in Ohio R.C. 4511.521;

      (2)   The motorized bicycle is equipped in accordance with rules adopted by the Ohio Director of Public Safety and is in proper working order;

      (3)   The person, if under eighteen years of age, is wearing a protective helmet on the person’s head with the chin strap properly fastened, and the motorized bicycle is equipped with a rear-view mirror;

      (4)   The person operates the motorized bicycle when practicable within three feet of the right edge of the roadway obeying all traffic rules applicable to vehicles; and

      (5)   The motorized bicycle displays on the rear of such bicycle the current license plate or validation sticker furnished by the Ohio Director of Public Safety under Ohio R.C. 4503.191. 

   (b)   No person operating a motorized bicycle shall carry another person upon the motorized bicycle.

   (c)   Whoever violates this section is guilty of a minor misdemeanor.  (ORC 4511.521)

   (d)    Whoever violates any of the provisions of this section is guilty of a misdemeanor of the fourth degree. Punishment shall be as provided in Section 408.01.

(Ord. 1978-55. Passed 4-17-78.)

474.11 ELECTRIC BICYCLES.

   (a)   (1)   The operation of a class 1 electric bicycle and a class 2 electric bicycle is permitted on a path set aside for the exclusive use of bicycles or on a shared-use path, unless the Municipality by resolution, ordinance, or rule prohibits the use of a class 1 electric bicycle or class 2 electric bicycle on such a path.

      (2)   No person shall operate a class 3 electric bicycle on a path set aside for the exclusive use of bicycles or a shared-use path unless that path is within or adjacent to a highway or the Municipality by resolution, ordinance, or rule authorizes the use of a class 3 electric bicycle on such a path.

      (3)   No person shall operate a class 1 electric bicycle, a class 2 electric bicycle or a class 3 electric bicycle on a path that is intended to be used primarily for mountain biking, hiking, equestrian use, or other similar uses, or any other single track or natural surface trail that has historically been reserved for nonmotorized use, unless the Municipality by resolution, ordinance or rule authorizes the use of a class 1 electric bicycle, a class 2 electric bicycle, or a class 3 electric bicycle on such a path.

   (b)   (1)   No person under sixteen years of age shall operate a class 3 electric bicycle; however, a person under sixteen years of age may ride as a passenger on a class 3 electric bicycle that is designed to accommodate passengers.

      (2)   No person shall operate or be a passenger on a class 3 electric bicycle unless the person is wearing a protective helmet that meets the standards established by the Consumer Product Safety Commission or the American Society for Testing and Materials.

   (c)   (1)   Except as otherwise provided in this subsection, whoever operates an electric bicycle in a manner that is prohibited under subsection (a) of this section and whoever violates subsection (b) of this section is guilty of a minor misdemeanor.  If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree.  If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.

      (2)   The offenses established under subsection (c)(1) of this section are strict liability offenses and strict liability is a culpable mental state for purposes of Ohio R.C. 2901.20.  The designation of these offenses as strict liability offenses shall not be construed to imply that any other offense, for which there is no specified degree of culpability, is not a strict liability offense.

         (ORC 4511.522)

474.99 PENALTY.

   (EDITOR'S NOTE: See Section 408.02 for general Code penalty if no specific penalty is provided.)