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Codified Ordinances of Fairborn, OH
Codified Ordinances of Fairborn, Ohio
CERTIFICATION
ROSTER OF OFFICIALS
GENERAL INDEX
COMPARATIVE SECTION TABLE
CHARTER
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING AND HOUSING
PART FIFTEEN - FIRE PREVENTION CODE
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   353.14 OPERATION OF BICYCLES AND PLAY VEHICLES.
   The provisions of this Traffic Code applicable to bicycles shall apply whenever a bicycle is operated upon any street or upon any path set aside for the exclusive use of bicycles, subject to those exceptions stated herein.
(Ord. 7-83. Passed 3-21-83.)
   353.15 ATTACHING BICYCLES AND SLEDS TO VEHICLES.
   (a)   No person riding upon any motorcycle, bicycle, electric bicycle, coaster, roller skates, sled, skateboard or toy vehicle shall attach the same or himself to any vehicle upon a roadway or street.
   (b)   No operator shall knowingly permit any person riding upon any motorcycle, bicycle, electric bicycle, coaster, roller skates, sled, skateboard or toy vehicle to attach the same or himself to any vehicle while it is moving upon a roadway or street.
(A.O.)
   (c)   This section does not apply to the towing of a disabled vehicle.
(Ord. 7-83. Passed 3-21-83.)
   (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 303.991 of the Traffic Code. (ORC 4511.46)
   353.16 RIDING BICYCLE ON RIGHT SIDE OF ROADWAY; RIDING BICYCLES AND MOTORCYCLES ABREAST.
   (a)    Every person operating a bicycle or electric bicycle upon a street or roadway shall ride as near to the right side of the street or 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 street or roadway shall ride not more than two abreast in a single lane, except on paths or parts of streets or roadways set aside for the exclusive use of bicycles, electric bicycles or motorcycles.
(ORC 4511.55; Ord. 7-83. Passed 3-21-83.)
   (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 Section 303.991 of the Traffic Code. (ORC 4511.55)
   353.17 LIGHTS AND SIGNAL DEVICE ON BICYCLE; BRAKES.
   (a)    Every bicycle or electric bicycle when in use at the times specified in Section 333.03 shall be equipped with a lamp on the front that shall emit a white light visible from a distance of at least 500 feet to the front and with a red reflector on the rear of a type approved by the Ohio Director of Highway Safety 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 and a lamp emitting a red light visible from a distance of 500 feet to the rear shall be used in addition to the red reflector.
   (b)    No person shall operate a bicycle or electric bicycle unless it is equipped with a bell or other device capable of giving a signal audible for a distance of at least 100 feet, except that a bicycle shall not be equipped with nor shall any person use upon a bicycle any siren or whistle.
   (c)    Every bicycle or electric bicycle shall be equipped with an adequate brake when used on a street or highway. (ORC 4511.56; Ord. 7-83. Passed 3-21-83.)
   353.18 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 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; 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)
   353.19 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)
   353.99 PENALTY.
   Whoever, being over eighteen years of age, violates Section 353.13 to 353.18 is guilty of a minor misdemeanor. The court shall have the privilege and authority of impounding the offensive bicycle for such a period of time as the court determines to be proper, during which time the registration certificate of such bicycle shall be suspended.
(Ord. 47-18. Passed 11-5-18.)