475.02  RIDING UPON SEATS; CARRYING PACKAGES; HANDLE BARS; HELMETS AND GLASSES; MOTORIZED BICYCLE LICENSING AND OPERATION.
   (a)   For purposes of this section, "snowmobile" has the same meaning as given that term in Section 476. 01.
   (b)   For purposes of this section, "motorized bicycle" means any vehicle having either two tandem wheels, or one wheel in the front and two wheels in the rear, that is capable of being pedaled and is equipped with a helper motor of not more than fifty cubic centimeters piston displacement which produces not more than one brake horsepower and is capable of propelling the vehicle at a speed of not greater than twenty miles per hour on a level surface.
   (c)   For purposes of this section, "operator" means every person who drives or is in actual physical control of a vehicle, bicycle, motorized bicycle, motorized vehicle or motorcycle.
   (d)   A person operating a bicycle, motorized bicycle or motorcycle shall not ride other than upon the permanent and regular seat attached thereto, nor carry any other person upon such bicycle, motorized bicycle or motorcycle other than upon a firmly attached and regular seat thereon, nor shall any person ride upon a bicycle, motorcycle or motorized bicycle other than upon such a firmly attached and regular seat.
   (e)   A person shall ride upon a motorcycle or motorized bicycle only while sitting astride the seat, facing forward, with one leg on each side of the motorcycle or motorized bicycle.
   (f)   No bicycle or motorcycle shall be used to carry more persons at one time than the number for which it is designed and equipped, nor shall any motorcycle or motorized bicycle be operated on a highway when the handle bars or grips are more than fifteen inches higher than the seat or saddle for the operator. No person operating a motorized bicycle shall carry another person upon the motorized bicycle.
   (g)   No person shall operate or be a passenger on a snowmobile, motorcycle or motorized bicycle without using safety glasses or other protective eye device. No person who is under the age of eighteen years, or who holds a motorcycle operator's endorsement or license bearing a "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 operated by such a person, unless wearing a protective helmet on his or her head. The helmet, safety glasses or other protective eye device shall conform with regulations prescribed and promulgated 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.
   (h)   No person shall operate a motorized bicycle upon a 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 operator'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. However, if a person is sixteen years of age, has a valid probationary motorized bicycle license and desires a motorized bicycle license, he or she is not required to comply with the testing requirements provided for in this subsection.
      (2)   The person, if he or she is under eighteen years of age, is wearing a protective helmet on his or her head with the chin strap properly fastened, and the motorized bicycle is equipped with a rear view mirror.
      (3)   The person operates the motorized bicycle, when practical, within three feet of the right edge of the roadway and obeys all the traffic rules applicable to vehicles.
      (4)   The protective helmet and rear view mirror required by this subsection shall, on or after January 1, 1985 , conform with rules adopted by the Director of Public Safety.
(Ord. 85-44. Passed 7-1-85.)