(A) The following regulations apply to the use and operation of motorized bicycles on public streets, highways, and other public ways and places within the corporate limits of the city, and apply irrespective of whether a motorized bicycle is being operated by its owner or another person or whether it has been properly licensed in accordance with § 72.16. However, the provisions of divisions (A)(2), (A)(3), (A)(4), (A)(5), (A)(6)(b), and (A)(6)(c) below shall not apply to operation of a motorized bicycle upon the right-of-way of any state highway or state-maintained route within the city.
(1) No owner shall knowingly or negligently permit any person under the age of 15 years to operate his or her motorized bicycle in any public place. It shall be the duty of the owner to exercise reasonable and prudent care and supervision over the use and operation of his or her motorized bicycle, and the owner shall be presumed to have knowingly or negligently permitted the operation if a person under 15 years of age is found to be operating the motorized bicycle, unless the owner can show that it was stolen or otherwise outside of his or her reasonable custody and control at the time of the violation.
(2) No person may operate any motorized bicycle which has not been duly licensed pursuant to § 72.16, does not have a current license sticker or tag properly affixed thereto, or has had its license suspended or revoked.
(3) No person may operate a motorized bicycle in a crosswalk or pedestrian pathway except in the necessary act of crossing; nor in any other public place other than in or along a roadway intended for vehicular travel unless otherwise expressly so authorized by the appropriate public authority.
(4) Motorized bicycles shall be driven single file, and in the normal direction of vehicular travel. In the event that the operator of a motorized bicycle is compelled or wishes to travel at a speed below the maximum speed limit applicable to the area, he or she shall drive as nearly as practicable to the edge of the roadway, and shall yield right-of-way as necessary to permit the safe and convenient passing of other vehicles traveling in the same lane.
(5) The operator of a motorized bicycle shall obey all traffic regulations and all traffic-control signs and signals as lawfully established by city ordinance and applicable to motor vehicles, and for failure to obey the traffic regulations or control signs and signals the operator shall be liable to the same penalties as prescribed for the operator of a motor vehicle.
(6) State bicycle laws and regulations shall be deemed applicable to the operation of motorized bicycles as follows.
(a) The provisions of I.C. 9-13-2 et seq. shall be presumed to apply to and shall be enforced with respect to the operation of motorized bicycles in the same manner as nonmotorized bicycles, and any operator of a motorized bicycle violating the statutes shall be cited and prosecuted for a state violation and subject to applicable penalties as provided by law.
(b) However, should it happen that by virtue of any ruling, interpretation, or construction of state law that any statute cited in division (A)(6)(a) above would not be applicable to the operation of a motorized bicycle because of any distinction in the meanings of the terms BICYCLE and MOTORIZED BICYCLE as defined by I.C. 9-13-2-14, then the provisions of the statutes are hereby adopted and incorporated as part of this division (A)(6)(b), and shall be deemed to apply to motorized bicycles in the same manner as to bicycles for the purposes of this act; and any person operating a motorized bicycle in violation of the provisions may be cited for a city ordinance violation and subject to penalties as provided in § 10.99.
(c) In the event that any of the statutes applicable as provided in divisions (A)(6)(a) or (A)(6)(b) above would, by their application, be less restrictive or permit a lesser standard than any regulation otherwise set forth in this act, then the regulation shall apply in lieu of the statutory provision.
(7) No parent or guardian of any child under 18 years of age shall authorize or knowingly permit the child to violate any of the provisions of this section.
(B) The regulations set forth in this section shall apply severally, and any violation of two or more such regulations may be cited and prosecuted as separate offenses and be subject to cumulative penalties under § 10.99.
(1985 Code, § 7-2-6) (Ord. 10A-1984, passed - -1984) Penalty, see § 10.99