(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) 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 or electric bicycle. (ORC 4511.53; A.O.)
(k) (1) No person under the age of sixteen years shall operate a bicycle, or ride as a passenger on a bicycle equipped with a passenger seat, within the City unless such person is wearing a protective helmet on the person's head with the chin strap fastened under the chin. Such helmet shall be fitted to the size of the operator or passenger and shall meet or exceed the standards set by the American National Standards Institute (ANSI) or the Snell Memorial Foundation (SNELL). This subdivision shall not apply to any person riding a bicycle or who is a passenger on a bicycle on private property zoned R-1, R-2 or R-3 where such person resides.
(2) No parent, guardian or person acting for a parent or guardian shall permit a person under sixteen years of age to violate this subdivision.
(3) Any person under the age of sixteen years found in violation of this subsection shall be informed by the police of the violation and of the serious injuries which may result when an accident occurs to a child not wearing a helmet. The police may take possession of the bicycle and hold it until the parent or guardian, or person acting on behalf of the parent or guardian of the child claims the bicycle and is informed by the police of the violation and the serious injuries which may occur to a child not wearing a helmet.
(4) It shall be an affirmative defense to a violation of this subdivision that the parent, guardian or person acting on behalf of parent or guardian made a good faith effort to purchase a helmet for the minor but was unable to do so as a result of the unavailability of a helmet meeting the requirements in this subdivision.
(5) Any parent, guardian or person acting on behalf of a parent or guardian of a person under the age of sixteen years, who permits such person under the age of sixteen years to operate or be a passenger on a bicycle in the City, on public or private property, in violation of this subdivision, shall be fined not more than thirty dollars ($30.00).
(l) Except as otherwise provided in this subdivision and in subdivision (k), whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree. (Ord. 59-2019. Passed 6-11-19.)