(a) (1) Electric personal assistive mobility devices and electric scooters may be operated on the public streets, highways, sidewalks, and paths and portions of roadways set aside for the exclusive use of bicycles in accordance with this section.
(2) Except as otherwise provided in this section, those sections of the Haskins Codified Ordinances that by their nature are applicable to an electric personal assistive mobility device or electric scooter apply to the device and the person operating it whenever it is operated upon any public street, highway, sidewalk, or path or upon any portion of a roadway set aside for the exclusive use of bicycles.
(b) No operator of an electric personal assistive mobility device or electric scooter shall do any of the following:
(1) Fail to yield the right-of-way to all pedestrians and human-powered vehicles at all times;
(2) Fail to give an audible signal before overtaking and passing a pedestrian;
(3) Operate the device during the time from one half hour before sunset to one half hour after sunrise;
(4) Operate the device on any portion of a state highway or street or highway that has an established speed of more than thirty-five miles per hour or more;
(5) Operate the device at a speed greater than 20 miles per hour;
(6) Operate the device upon any path set aside for the exclusive use of pedestrians and/or non-motorized vehicles or other specialized use when an appropriate sign giving notice of the specialized use is posted on the path;
(7) If under eighteen years of age, operate the device unless wearing a protective helmet on the person’s head with the chin strap properly fastened;
(8) If under sixteen years of age, operate the device unless, during the operation, the person is under the direct visual and audible supervision of another person who is eighteen years of age or older and is responsible for the immediate care of the person under sixteen years of age or the operator currently holds a valid probationary motorized bicycle license or the operator holds either a valid commercial driver’s license issued under Chapter 4506 of the Ohio Revised Code or a valid driver’s license issued under Chapter 4507 of the Ohio Revised Code.
(c) No person who is under fourteen years of age shall operate an electric personal assistive mobility device or electric scooter.
(d) No person shall distribute or sell an electric personal assistive mobility device unless the device is accompanied by a written statement that is substantially equivalent to the following: “WARNING: TO REDUCE THE RISK OF SERIOUS INJURY, USE ONLY WHILE WEARING FULL PROTECTIVE EQUIPMENT - HELMET, WRIST GUARDS, ELBOW PADS, AND KNEE PADS”.
(e) “Electric personal assistive mobility device” means a self-balancing two non-tandem wheeled device that is designed to transport only one person, has an electric propulsion system of an average of seven hundred fifty watts, and when ridden on a paved level surface by an operator who weighs one hundred seventy pounds has a maximum speed of less than twenty miles per hour.
(f) “Electric scooter” means any two- or three-wheeled device that has handlebars, is designed to be stood or sat upon by the operator, is manufacturer-equipped with braking capabilities, and is powered by an electric motor that is capable of propelling the device with or without human propulsion. (Ord. 2003-14. Passed 11-17-03.)
(g) Whoever violates subsection (b) or (c) hereof is guilty of a minor misdemeanor and shall be punished as follows:
(1) The offender shall be fined ten dollars ($10.00).
(2) If the offender previously has been convicted of or pleaded guilty to a violation of division (B) or (C) of Ohio R.C. 4511.512 or a substantially similar municipal ordinance, the court, in addition to imposing the fine required under subsection (f)(1) hereof, shall do one of the following:
A. Order the impoundment for not less than one day but not more than thirty days of the electric personal assistive mobility device that was involved in the current violation of that section. The court shall order the device to be impounded at a safe indoor location designated by the court and may assess storage fees of not more than five dollars ($5.00) per day, provided the total storage, processing, and release fees assessed against the offender or the device in connection with the device’s impoundment or subsequent release shall not exceed fifty dollars ($50.00).
B. If the court does not issue an impoundment order pursuant to subsection (f)(2)A. hereof, issue an order prohibiting the offender from operating any electric personal assistive mobility device on the public streets, highways, sidewalks, and paths and portions of roadways set aside for the exclusive use of bicycles for not less than one day but not more than thirty days.