373.02 RIDING UPON SEATS; HANDLE BARS; HELMETS AND GLASSES.
   (a)   For purposes of this section "snowmobile" has the same meaning as given that term in Ohio R.C 4519.01.
   (b)   A person operating a bicycle shall not ride other than upon or astride the permanent and regular seat attached thereto, and a person operating a motorcycle shall not ride other than upon the permanent and regular seat attached thereto, nor carry any other person upon such bicycle or motorcycle other than upon a firmly attached and regular seat thereon, nor shall any person ride upon a bicycle or motorcycle other than upon such a firmly attached and regular seat.
   (c)   A person shall ride upon a motorcycle only while sitting astride the seat, facing forward, with one leg on each side of the motorcycle.
   (d)   No person operating a bicycle shall carry any package, bundle or article that prevents the driver from keeping at least one hand upon the handle bars.
   (e)   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 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.
   (f)   No person shall operate or be a passenger on a snowmobile or motorcycle 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 "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 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 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.
   (g)   No person over the age of three (3) years shall operate, or be a passenger on, a bicycle within the City of Warrensville Heights unless such person is wearing a protective helmet on his/her head with 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 ANSI (American National Standards Institute).
   (h)   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.
   (i)   No person who is the parent, guardian or legal custodian of a minor who engages in conduct prohibited by section (g) shall create a substantial risk to the health or safety of such minor by aiding and abetting, causing, encouraging or permitting conduct which violates section (g).
   (j)   A safety education presentation may be given upon violation of ordinance.
   (k)   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.
(Ord. 2009-010. Passed 3-17-09.)