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   373.12 RIDING BICYCLES; HELMETS.
   (a)   No person under the age of sixteen (16) years shall operate a bicycle within the City of Blue Ash unless such person is wearing a protective helmet on his/her head with the chin strap fastened under the chin. Such helmets shall be appropriately fitted to the size of the operator and shall meet or exceed the standards set by ANSI (American National Standards Institute) or SNELL (Snell Memorial Foundation).
   (b)   No person under the age of sixteen (16) years shall be a passenger on a bicycle within the City of Blue Ash unless such person is wearing a protective helmet on his/her head, with the chin strap fastened under the chin. Such helmet shall be appropriately fitted to the size of the passenger and shall meet or exceed the standards set by ANSI (American National Standards Institute) or SNELL (Snell Memorial Foundation).
   (c)   No parent, guardian, or legal custodian of a person under the age of sixteen (16) years who fails to comply with subsections (a) or (b) shall knowingly aid, abet, cause, encourage, or permit such conduct.
   (d)   This section shall not be applicable to the operation of a bicycle on private residential property.
   (e)   A bicycle rider under the age of sixteen (16) years of age who violates this section and the parent, guardian, or legal custodian of said rider, may be given a written warning detailing the violation along with information concerning the dangers which result when a bicycle accident occurs to a person who is not wearing a helmet. A second violation of this section shall result in a fine upon the rider’s parent, guardian, or legal custodian in an amount not to exceed twenty-five dollars ($25.00). For each and every subsequent violation of this section the rider’s parent, guardian, or legal custodian shall be subject to a fine in an amount not to exceed fifty dollars ($50.00).
(Ord. 2003-79. Passed 10-9-03.)
   373.13 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.
      (4)    Subsections (a)(2) and (a)(3) of this section do not apply to a law enforcement officer, or other person sworn to enforce the criminal and traffic laws of the state, using an electric bicycle while in the performance of the officer’s duties.
         (Ord. 2022-06. Passed 4-14-22.)
   (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; Ord. 2019-1. Passed 5-9-19.)