(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 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.
(e) No person shall ride upon a motorcycle that is equipped with a seat other than while sitting upon the seat.
(f) 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.
(g) 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 operator’s seat or saddle.
(h) (1) Except as provided in subsection (h)(2) 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 subsection (i)(3) of this section, 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 United States Department of Transportation-approved protective helmet on the person’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 subsection or a violation thereof shall not be used in the trial of any civil action.
(2) Subsection (h)(1) of this section does not apply to a person operating an autocycle or cab-enclosed motorcycle when the occupant compartment top is in place enclosing the occupants.
(i) (1) No person shall operate a motorcycle with a valid temporary permit and temporary instruction permit identification card issued by the Ohio Registrar of Motor Vehicles pursuant to Ohio R.C. 4507.05 unless the person, at the time of such operation, is wearing on the person’s head a protective helmet that has been approved by the United States Department of Transportation that conforms with rules adopted by the Director.
(2) No person shall operate a motorcycle with a valid temporary instruction permit and temporary instruction permit identification card issued by the Registrar pursuant to Ohio R.C. 4507.05 in any of the following circumstances:
B. While carrying a passenger;
C. On any limited access highway or heavily congested roadway.
(3) Subsections (i)(1) and (i)(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.
(j) (1) No person under the age of eighteen (18) years shall operate a bicycle or ride as a passenger on such device within the City of Grandview Heights unless such person is wearing a protective helmet on his or her head, with the chin strap securely fastened under the chin. Such helmet shall be appropriately fitted to the size of the operator and shall meet or exceed the standards set by the U.S. Consumer Product Safety Commission (CPSC). The CPSC's safety standards support the American Academy of Pediatrics' conclusion that infants (children under age 1) should not be passengers on a bicycle under any circumstance. The weight of children's helmets makes them unsuitable for use on infants' heads. This subsection shall not apply to any person operating a bicycle or riding as a passenger on such device on private residential property.
(2) No parent, guardian, or legal custodian shall permit a person under the age of eighteen (18) years to violate this subsection.
(3) Any person under the age of eighteen (18) years found in violation of this subsection shall be informed by the police of the violation and of the severe injuries which may result when an accident occurs to a child or person not wearing a helmet. The police may take possession of the bicycle and hold it until the parent, guardian, or legal custodian claims the bicycle and is informed by the police of the violation and of the severe injuries which may result.
(4) It shall be an affirmative defense to the first violation of this section that the parent, guardian, or legal custodian provides the City with proof of ownership of a protective helmet that is appropriately fitted to the size of the operator and that meets or exceed the standards set by the U.S. Consumer Product Safety Commission at or prior to the time for paying a citation or appearing in Mayor's Court, as further set forth in 373.99
(b).
(5) Failure to wear a protective helmet as required in subsection shall not be considered to be comparative or contributory negligence on the part of the parent, guardian, custodian, person having custody or control, or person in loco parentis of a child nor on the part of the child nor shall such failure be admissible in any civil action.
(k) 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.
(Ord. 2017-16. Passed 8-7-17.)