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(1) "Electronic scooter" or "e-scooter" means a two-wheeled device that has handlebars, a floor board, designed to be stood upon when operating and is powered by electricity. Some devices of this type are equipped with a seat, but none has operable pedals. The electricity is stored on board in a rechargeable battery.
(2) "Mobility device" means small mobility devices, such as an e-scooter, e-bike or other similar device. A mobility device does not include those designed solely for use by a child, those used as assistive mobility devices by persons with disabilities, or those defined as an electric personal assistive mobility device.
(3) "Shared mobility device and bicycle vendor" means an entity approved to use/occupy the public right-of-way for offering shared mobility devices, such as a bicycle, scooter, e-bike, e-scooter, or any other mobility device, to subscribers on a fee basis subscription for short-term rental in point-to-point trips.
(b) Code Application to Bicycles and Mobility Devices. The provisions of this Traffic Code that are applicable to bicycles or mobility devices apply whenever a bicycle or mobility device is operated upon any street or upon any path set aside for the exclusive use of bicycles or mobility devices.
(1) Except as provided in division (b)(3) of this section, a bicycle or mobility device operator who violates any section of this Traffic Code described in division (b) of this section that is applicable to bicycles or mobility devices may be issued a ticket, citation or summons by a law enforcement officer for the violation in the same manner as the operator of a motor vehicle would be cited for the same violation. A person who commits any such violation while operating a bicycle or mobility device shall not have any points assessed against the person's driver's license, commercial driver's license, temporary instruction permit, or probationary license under R.C. § 4510.036.
(2) Except as provided in division (b)(3) of this section, in the case of a violation of any section of this Traffic Code described in division (b) of this section by a bicycle or mobility device operator or by a motor vehicle operator when the trier of fact finds that the violation by the motor vehicle operator endangered the lives of bicycle or mobility device riders at the time of the violation, the court, notwithstanding any provision of this Traffic Code to the contrary, may require the bicycle or mobility device operator or motor vehicle operator to take and successfully complete a bicycling skills course approved by the court in addition to or in lieu of any penalty otherwise prescribed by the Traffic Code for that violation.
(3) The provisions of this Traffic Code shall apply to bicycles and mobility devices except those which by their nature are not applicable.
(c) Riding Upon Seats; Handle Bars; Helmets and Glasses.
(1) No person operating a bicycle or mobility device shall ride other than upon or astride the permanent and regular seat attached thereto, or carry any other person upon such bicycle or mobility device other than upon a firmly attached and regular seat thereon, and no person shall ride upon a bicycle or mobility device other than upon such a firmly attached and regular seat.
(2) No person operating a bicycle or mobility device shall carry any package, bundle or article that prevents the driver from keeping at least one hand upon the handle bars.
(3) No bicycle, mobility device, 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.
(d) Attaching Bicycle, Mobility Device, or Sled to Vehicle.
(1) No person riding upon any motorcycle, bicycle, coaster, mobility device, roller skates, sled or toy vehicle shall attach the same or himself to any vehicle upon a roadway.
(2) No operator shall knowingly permit any person riding upon any motorcycle, bicycle, coaster, mobility device, roller skates, sled or toy vehicle to attach the same or himself to any vehicle while it is moving upon a roadway. This section does not apply to the towing of a disabled vehicle.
(3) If the offender commits the offense while distracted and the distracting activity is a contributing factor to the commission of the offense, the offender is subject to the additional fine established under the Traffic Code.
(e) Riding Bicycles, Mobility Devices and Motorcycles Abreast.
(1) Persons riding bicycles, mobility devices, or motorcycles upon a roadway shall ride not more than two abreast in a single lane, except on paths or parts of roadways set aside for the exclusive use of bicycles or motorcycles.
(2) If the offender commits the offense while distracted and the distracting activity is a contributing factor to the commission of the offense, the offender is subject to the additional fine established under the Traffic Code.
(f) Lights and Reflector on Bicycle or Mobility Device; Brakes.
(1) Every bicycle or mobility device when in use shall be equipped with the following:
A. A lamp mounted on the front of either the bicycle, mobility device or the operator that shall emit a white light visible from a distance of at least 500 feet to the front; and 300 feet to the sides. A generator-powered lamp that emits light only when the bicycle is moving may be used to meet this requirement.
B. A red reflector on the rear that shall be visible from all distances from 100 feet to 600 feet to the rear when directly in front of lawful lower beams of head lamps on a motor vehicle.
C. A lamp emitting either flashing or steady red light visible from a distance of 500 feet to the rear shall be used in addition to the red reflector; if the red lamp performs as a reflector in that it is visible as specified in division (f)(1)B. of this section, the red lamp may serve as the reflector and a separate reflector is not required.
(2) Additional lamps and reflectors may be used in addition to those required under division (f)(1) of this section, except that red lamps and red reflectors shall not be used on the front of the bicycle and white lamps and white reflectors shall not be used on the rear of the bicycle.
(3) Every bicycle or mobility device shall be equipped with an adequate brake when used on a street or highway.
(g) Riding Bicycle or Mobility Device on Right Side of Roadway; Obedience to Traffic Rules; Passing.
(1) Every person operating a bicycle or mobility device upon a roadway shall ride as near to the right side of the roadway as practicable obeying all traffic rules applicable to vehicles and exercising due care when passing a standing vehicle or one proceeding in the same direction.
(2) This section does not require a person operating a bicycle or mobility device to ride at the edge of the roadway when it is unreasonable or unsafe to do so. Conditions that may require riding away from the edge of the roadway include when necessary to avoid fixed or moving objects, parked or moving vehicles, surface hazards, or if it otherwise is unsafe or impracticable to do so, including if the lane is too narrow for the bicycle or mobility device and an overtaking vehicle to travel safely side by side within the lane.
(3) No person operating a mobility device should do so on any streets with a speed limit over 35 miles per hour unless in a dedicated bike lane or shared use path.
(4) Any person operating a bicycle or mobility device shall:
A. Obey the instructions of official traffic control devices applicable to vehicles, unless otherwise directed by a police officer;
B. Before changing course, turning or stopping upon a roadway, exercise due care that the movement can be made with reasonable safety and give the hand and arm signals required by the Traffic Code;
C. Yield the right-of-way to pedestrian and vehicular traffic upon the roadway as lawfully required;
D. Yield the right-of-way to a pedestrian upon a sidewalk;
E. Give timely and audible signal before overtaking and passing a pedestrian upon a roadway or sidewalk.
(5) If the offender commits the offense while distracted and the distracting activity is a contributing factor to the commission of the offense, the offender is subject to the additional fine established under the Traffic Code.
(h) Reckless Operation; Control, Course and Speed.
(1) No person shall operate a bicycle or mobility device:
A. Without due regard for the safety and rights of pedestrians and drivers and occupants of all other vehicles, and so as to endanger the life, limb or property of any person while in the lawful use of the streets or sidewalks or any other public or private property;
B. Without exercising reasonable and ordinary control over such bicycle;
C. In a weaving or zigzag course unless such irregular course is necessary for safe operation in compliance with law;
D. Without both hands upon the handle grips except when necessary to give the required hand and arm signals, or as provided in Section 373.02(c);
E. At a speed greater than is reasonable and prudent under the conditions then existing.
(2) No person operating an e-scooter shall exceed a speed greater than 15 miles per hour.
(i) Parking of Bicycle or Mobility Device; Sidewalk Riding.
(1) No person shall park a bicycle or mobility device upon a sidewalk in such a manner so as to unduly interfere with pedestrian flow. This includes ADA ramps, areas departing to and from buildings, and at transit stops.
(2) Where bicycle or mobility device racks or other such devices to park bicycles or mobility devices are provided in a commercial area, park, school or other such place, no person shall park a bicycle or mobility device in such area, except in the rack provided or other fixture designated for such purpose.
(3) No person shall park a bicycle or mobility device upon any street including parking spots and loading zones so as to unduly interfere with vehicular traffic.
(4) All bicycles and mobility devices must be parked in an upright position.
(5) A bicycle, mobility device, or skateboard may be operated or ridden upon any public sidewalk in the City except where signs are erected prohibiting such operation.
(6) Whoever violates this section is guilty of a minor misdemeanor.
(j) Registration and Tag Required. Mobility devices registered to a shared mobility device and bicycle vendor are exempt from local registration, licensing and tagging requirements.
(Ord. 17-20. Passed 12-14-20.)