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East Palestine Overview
East Palestine, OH Code of Ordinances
CODIFIED ORDINANCES OF EAST PALESTINE, OHIO
CERTIFICATION
DIRECTORY OF OFFICIALS
PRELIMINARY UNIT
CHARTER OF THE MUNICIPALITY OF EAST PALESTINE
PART TWO - ADMINISTRATION CODE
PART FOUR - TRAFFIC CODE
PART SIX - GENERAL OFFENSES CODE
PART EIGHT - BUSINESS REGULATION AND TAXATION CODE
PART TEN - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART TWELVE - PLANNING AND ZONING CODE
PART FOURTEEN - BUILDING AND HOUSING CODE
PART SIXTEEN - FIRE PREVENTION CODE
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   474.02   RIDING UPON SEATS; CARRYING PACKAGES; MOTORCYCLE HANDLE BARS; HELMETS AND GLASSES.
   (a)   For purposes of this section, ā€œsnowmobileā€ has the same meaning as given that term in Ohio R.C. 4519.01.
   (b)   (1)   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.
      (2)   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.
      (3)   No person shall ride upon a motorcycle that is equipped with a saddle other than while sitting astride the saddle, facing forward, with one leg on each side of the motorcycle.
      (4)   No person shall ride upon a motorcycle that is equipped with a seat other than while sitting upon the seat.
      (5)   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 handlebars.
      (6)   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. No motorcycle shall be operated on a highway when the handlebars rise higher than the shoulders of the operator when the operator is seated in the operatorā€™s seat or saddle.
   (c)   (1)   Except as provided in division (c)(3) of this section, no person shall operate or be a passenger on a snowmobile or motorcycle without using safety glasses or other protective eye device. Except as provided in division (c)(3) of this section, no person who is under the age of 18 years, or who holds a motorcycle operatorā€™s endorsement or license bearing a ā€œnoviceā€ designation that is currently in effect as provided in R.C. Ā§ 4507.13, shall operate a motorcycle on a highway, or be a passenger on a motorcycle, unless wearing a protective helmet on the personā€™s 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 rules adopted by the Ohio Director of Public Safety. The provisions of this paragraph or a violation thereof shall not be used in the trial of any civil action.
      (2)   A.   Except as provided in division (c)(3) of this section, no person shall operate a motorcycle with a valid temporary instruction permit and temporary instruction permit identification card issued by the Registrar of Motor Vehicles pursuant to R.C. Ā§ 4507.05 unless the person, at the time of such operation, is wearing on the personā€™s head a protective helmet that conforms with rules adopted by the Ohio Director of Public Safety.
         B.   No person shall operate a motorcycle with a valid temporary instruction permit and temporary instruction permit identification card issued by the Registrar of Motor Vehicles pursuant to R.C. Ā§ 4507.05 in any of the following circumstances:
            1.   At any time when lighted lights are required by R.C. Ā§ 4513.03(A)(1);
            2.   While carrying a passenger;
            3.   On any limited access highway or heavily congested roadway.
      (3)   Divisions (c)(1) and (c)(2)A. of this section do not apply to a person who operates or is a passenger in an autocycle or cab-enclosed motorcycle when the occupant compartment top is in place enclosing the occupants.
   (d)   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 .
   (e)   Except as otherwise provided in this division, whoever violates division (b) or (c)(1) or (c)(2) 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 division (b) or (c)(1) or (c)(2) of 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 division (b) or (c)(1) or (c)(2) of this section is guilty of a misdemeanor of the third degree.
(ORC 4511.53)
   474.03   ATTACHING BICYCLES, MOTORCYCLES TO OTHER VEHICLES.
   (a)   (1)   No person riding upon any bicycle, electric bicycle, coaster, roller skates, sled, skateboard, or toy vehicle shall attach the same or himself or herself to any vehicle upon a roadway.
      (2)   No operator shall knowingly permit any person riding upon any bicycle, electric bicycle, coaster, roller skates, sled, skateboard, or toy vehicle to attach the same or himself or herself to any vehicle while it is moving upon a roadway.
      (3)   This section does not apply to towing a disabled vehicle.
(Ord. 1786. Passed 1-14-74.)
   (b)   Except as otherwise provided in this division, whoever violates 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.
   (c)   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 Ā§ 408.02(b).
(ORC 4511.54)
   474.04   RIDING ON RIGHT SIDE OF ROADWAY; RIDING ABREAST.
   (a)   Every person operating a bicycle or electric 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)   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.
   (c)   This section does not require a person operating a bicycle or electric 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 or electric bicycle and an overtaking vehicle to travel safely side by side within the lane.
   (d)   Except as otherwise provided in this division, whoever violates 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.
   (e)   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 Ā§ 408.02(b).
(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 Ohio R.C. 4513.03 or a substantially equivalent municipal ordinance 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 500 feet to the front and 300 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 100 feet to 600 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 500 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 division (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 division (a) of this section, except that red lamps and red reflectors shall not be used on the front of the bicycle or electric bicycle and white lamps and white reflectors shall not be used on the rear of the bicycle or electric bicycle.
   (c)   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.
   (d)   Every bicycle and electric bicycle shall be equipped with an adequate brake when used on a street or highway.
   (e)   Except as otherwise provided in this division, whoever violates 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.
(ORC 4511.56)
   474.06   TURNS.
   Whenever authorized signs are erected indicating that no right or left or ā€œUā€ turns are permitted, no person operating a bicycle shall disobey the direction of any such sign, except where such person dismounts from the bicycle to make any such turn, in which event such person shall then obey the regulations applicable to pedestrians.
   474.07   RIDING REGULATIONS.
   It shall be legal to ride a bicycle upon a sidewalk, street or public way, or upon any path set aside for the exclusive use of bicycles, except State, Federal or County highways, where sidewalks are available, subject to the following:
   (a)   Wherever a designated path for bicycles has been provided adjacent to a street, bicycle riders shall use such path and shall not use the street.
   (b)   Any person operating a bicycle may ride upon the sidewalk rather than the roadway when sidewalks are available and not congested with pedestrian traffic. If the sidewalk is congested with pedestrian traffic, the bicycle operator using the sidewalk shall walk the bicycle.
   (c)   No person shall ride a bicycle upon a sidewalk, upon or along which signs have been erected by authority of the Chief of Police prohibiting such bicycle riding.
   (d)   Whenever a person is riding a bicycle upon a sidewalk, street, roadway or any pedestrian way, such person shall yield the right-of-way to any pedestrian and shall give an audible signal before attempting to overtake and pass a pedestrian or another bicycle. This audible signal must be given only by a bell or other warning device capable of giving an audible signal, and shall be given at such a distance and in such a manner as not to startle any person being overtaken and passed.
   (e)   Whenever a person is riding a bicycle on a sidewalk, the rider shall dismount and shall walk the bicycle across an intersection or a street.
   (f)   Whenever a person is riding a bicycle upon a sidewalk, the person, before overtaking and passing a blind person carrying a white or metallic cane or guided by a dog, shall dismount and overtake or pass on foot.
   (g)   When a bicycle is operated on a street, the operator shall give hand signals before turning, changing lanes or stopping. Such signals shall conform to Section 432.14.
   474.08   RECKLESS OPERATION; SPEED.
   No person shall operate a bicycle:
   (a)   Without due regard for the safety and rights of pedestrians and drivers and occupants of all other vehicles and so as to endanger the life, limb or property of any person while in the lawful use of the streets or sidewalks or any other public or private property;
   (b)   Without both hands upon the handle bars, except when necessary to give the required hand and arm signals;
   (c)   At a speed greater than is reasonable and prudent under the condition then existing.
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