(a) For purposes of this section "snowmobile" has the same meaning as given that term in Ohio R.C 4519.01.
(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) No person operating a motorcycle shall ride other than upon or astride the permanent and regular seat or saddle attached thereto, or carry any other person upon such motorcycle other than upon a firmly attached and regular seat or saddle thereon, and no person shall ride upon a motorcycle other than upon such a firmly attached and regular seat or saddle.
(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 "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 Highway Safety. The provisions of this subsection or a violation thereof shall not be used in the trial of any civil action.
(ORC 4511.53)
(g) No person under twelve years of age shall operate a bicycle or ride as a passenger on a bicycle equipped with a passenger seat, within the limits of the City of Berea, unless such person is wearing a protective helmet on their 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 Snell Memorial Foundation (“SNELL”). This subsection shall not be applicable to the operator of a bicycle on private residential property.
No parent, guardian or legal custodian of a minor person who engages in conduct prohibited by this subsection shall create a substantial risk to the health or safety of such minor person by aiding, abetting, causing, encouraging or permitting conduct which violates this subsection. The provisions of this subsection (g) or a violation thereof shall not be used in the trial of any civil action.
(h) Nothing in this section shall be construed as prohibiting the carrying of a child in a seat or trailer that is designed for carrying children and is firmly attached to the bicycle or electric bicycle.
(i) Whoever violates any provision of this section is guilty of a minor misdemeanor, except that whoever violates subsection (g) shall be issued a warning for a first offense, and shall be guilty of a minor misdemeanor for each subsequent offense except that, upon a second offense, if, within three days after issuance of the citation, proof of purchase of a helmet and the helmet itself are produced to the City Police Department, then such citation shall be dismissed at no cost to the defendant.
(Ord. 98-39. Passed 5-18-98.)