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373.26 MOTORIZED BICYCLE OPERATION, EQUIPMENT AND LICENSE.
   (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 possesses a valid license or permit authorizing such operation and which is issued by the Ohio Registrar of Motor Vehicles under Ohio R.C. Chapter 4506 or 4507 or 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 he is under eighteen years of age, is wearing a protective helmet on his head with the chin strap properly fastened, and the motorized bicycle is equipped with a rear-view mirror; and
      (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.
   (b)   No person operating a motorized bicycle shall carry another person upon the motorized bicycle.
   (c)   The protective helmet and rearview mirror required by subsection (a)(3) of this section shall, on and after January 1, 1985, conform with rules adopted by the Ohio Director of Public Safety.
   (d)   Whoever violates this section is guilty of a minor misdemeanor. (ORC 4511.521)
373.27 BICYCLE, SKATEBOARD, IN-LINE SKATES, ROLLER SKATES AND SCOOTER HELMET SAFETY.
   (a)   No minor child under the age of fourteen shall operate a bicycle, skateboard, in-line skates, roller skates or scooter within the City unless the 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 Standard Institute (ANSI) or the Snell Memorial Foundation (SNELL). This requirement shall also apply to a minor child who rides upon a bicycle as a passenger or while in a restraining seat which is attached to the bicycle. This subsection shall not be applicable to the operation of bicycles, skateboards, in- line skates, roller skates or scooters on private residential property.
   (b)   No parent, guardian or person acting for the parent shall permit a person under fourteen (14) years of age to violates Section 373.27.
   (c)   When the Police Department has reason to believe that a person has engaged in a conduct in contravention of subsections (a) or (b) hereof, such person, or in the case of a minor, the parent, guardian or legal custodian of such minor, shall be notified of the infraction, in writing by the Police Department and of the dangers which may result when a bicycle, skateboard, in-line skate, roller-skate or scooter accident occurs to a person not wearing a helmet.
   (d)   A violations of subsections (a) or (b) shall be considered a civil infraction, punishable by a possible penalty of $25.00 for any violation occurring subsequent to a written notice as provided in subsection (c) hereof.
   (e)   The Chief of Police may waive the $25.00 civil infraction penalty upon presentation of proof of purchase of a protective helmet which meets or exceeds the standards set forth herein subsequent to the violation, or upon good cause shown, as determined solely by the Chief of Police.
   (f)   Failure to wear protective helmet as herein described shall not be considered evidence of either comparative or contributory negligence in any civil suit arising out of an accident in which a child under fourteen (14) years of age is injured, nor shall failure to wear protective helmet be admissible as evidence in the trial of any civil action.
(Ord. 2001-6. Passed 2-26-01.)
373.28 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.
   (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)
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