(A) Every person under the age of 18 operating a moped on a roadway and any passenger under the age of 18 on a moped being driven on a roadway must wear a helmet while the moped engine is running.
(B) Every person operating a moped on a roadway shall ride as near to the right side of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction.
(C) Persons operating mopeds on a roadway shall not ride more than two abreast except on paths or parts of roadways set aside for the exclusive use of mopeds.
(D) No moped shall be operated on a sidewalk or a railroad right-of-way.
(E) No moped shall be operated on another's private property, unless the expressed written consent has been obtained from the owner of the real estate or unless written notice has been posted on the private real estate.
(F) No person shall operate a moped in a manner so as to create loud, unnecessary or unusual noise so as to disturb or interfere with the peace and quiet of other persons. (See Title IX, Chapter 100 of this code of ordinances.)
(G) A person operating a moped shall not ride other than astride a permanent and regular seat attached thereto. A passenger on a moped shall not ride other than astride a permanent and regular seat attached thereto. All persons operating or riding as a passenger must be able to keep his or her feet firmly on the foot boards or foot pegs while sitting comfortably on the seat or saddle.
(H) No moped shall be used to carry more persons at one time than the number for which it is designed and equipped, as designed with an additional set of foot boards or foot pegs.
(I) No moped shall be used to carry a child under the age of 15 years unless the operator is the legal guardian or has written permission of the legal guardian. No passenger shall be permitted to ride in front of the operator. A police officer having probable cause to believe a person has violated this division may immediately impound the moped as evidence. If no action has been filed in court to enforce the violation of this section, or if therein proof that the fine has been paid, or unless proof is provided that no violation has occurred, the Police Department shall allow the owner to retrieve the moped within 45 days of its seizure.
(J) No person shall operate a moped at a speed that is greater than reasonable and prudent under the conditions then existing. In no case shall a person operate a moped at a speed greater than 25 mph. In the event the speed of a moped shall cause excess traffic of two or more vehicles to be backed up behind the moped, the moped operator shall pull over and allow the traffic to pass.
(K) The operator of a moped emerging from an alley, driveway, or building shall, on approaching a sidewalk or the sidewalk area extending across any alleyway, yield the right-of-way to all pedestrians approaching on the sidewalk or sidewalk area, and on entering the roadway shall yield the right-of-way to all vehicles approaching on the roadway.
(L) No person shall propel or operate a moped in any unsafe manner, including, but not limited to weaving or swerving over the road, cutting through traffic, changing lanes excessively, following other vehicles too closely, accelerating excessively or dangerously, or jumping curbs or speed-bumps.
(M) All wheels of all mopeds must be on the surface being ridden upon at all times such moped is in operation.
(N) No person operating a moped shall carry any package, bundle, or article which prevents the rider from keeping all hands on the handlebars.
(O) No person shall park a moped on a street other than on the roadway against the curb or against a building or at the curb, in such manner as to afford the least obstruction to pedestrian traffic.
(Ord. 3644, passed 6-18-12)