(a) For purposes of this section, “snowmobile” has the same meaning as given that term in 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 the 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 the 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 or 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 division (h)(3) 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 division (h)(3) of this section, no person who is under the age of 18 years, or who holds a motorcycle operator’s endorsement or license bearing a “novice” designation that is currently in effect as provided in R.C. § 4507.13, shall operate a motorcycle on a highway, or be a passenger on a motorcycle, unless wearing a 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 paragraph or a violation thereof shall not be used in the trial of any civil action.
(2) A. Except as provided in division (h)(3) of this section, no person shall operate a motorcycle with a valid temporary instruction permit and temporary instruction permit identification card issued by the Registrar of Motor Vehicles pursuant to R.C. § 4507.05 unless the person, at the time of such operation, is wearing on the person’s head a protective helmet that conforms with rules adopted by the Ohio Director of Public Safety.
B. No person shall operate a motorcycle with a valid temporary instruction permit and temporary instruction permit identification card issued by the Registrar of Motor Vehicles pursuant to R.C. § 4507.05 in any of the following circumstances:
1. At any time when lighted lights are required by R.C. § 4513.03(A)(1);
2. While carrying a passenger;
3. On any limited access highway or heavily congested roadway.
(3) Divisions (h)(1) and (h)(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.
(i) 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.
(R.C. § 4511.53) (Adopting Ordinance)
(j) (1) No person under the age of fourteen 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 his or her head, with the chin strap fastened under the chin. Such helmet shall be fitted to the size of the operator and shall meet or exceed the standards set by the American National Standards Institute (ANSI) or the Snell Memorial Foundation (SNELL). This subsection shall not apply to any person riding a bicycle or who is a passenger on a bicycle on property zoned Class U-1 where such person resides.
(2) No parent, guardian or person acting for a parent shall knowingly permit a person under fourteen years of age to violate this subsection.
(3) Any person under the age of fourteen years found in violation of this subsection shall be informed by the police of the violation and of the severe injuries which may result when an accident occurs to a child not wearing a helmet.
(4) It shall be an affirmative defense to a violation of this section that the parent, guardian or person acting on behalf of a parent or guardian made a good faith effort to purchase a helmet for the minor but was unable to do so as the result of the unavailability of a helmet meeting the requirements in this subsection.
(5) The Court may dismiss all charges pursuant to this section upon presentation of evidence that the individual charged with a violation of this section has obtained a protective helmet which meets or exceeds the standards set forth herein subsequent to the violation.
(6) Any person found in violation of paragraphs (i)(1) or (2) hereof shall be issued a warning for a first offense and shall be guilty of a minor misdemeanor for each subsequent offense.
(Ord. 87-99. Passed 2-14-2000.)