§ 444.05 DRIVING ON STREETS OR ROADWAYS.
   (a)   Bicycles and Electric Bicycles.
      (1)   Every person operating a bicycle or electric bicycle upon a street, roadway, or any public or private property used by the public for the purpose of vehicular travel or parking 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. This division does not require a person operating a bicycle or electric bicycle 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 electric bicycle and an overtaking vehicle to travel safely side-by-side within the lane.
      (2)   Persons riding bicycles or electric bicycles upon a roadway shall ride not more than two (2) abreast in a single lane, except on paths or parts of roadways set aside for the exclusive use of bicycles.
         (ORC 4511.55)
   (b)   Motorcycles. Persons riding motorcycles upon a street, roadway, or any public or private property used by the public for the purpose of vehicular travel or parking shall ride not more than two (2) abreast in a single lane.
(ORC 4511.55)
   (c)   Motor-Driven Cycles and Motor Scooters.
      (1)   No person shall operate a motor-driven cycle or motor scooter upon any street, roadway or public or private property used by the public for the purpose of vehicular travel or parking having an established speed limit greater than forty-five miles per hour (45 mph).
      (2)   This section does not prohibit a person operating a motor-driven cycle or motor scooter from proceeding across an intersection of a street or roadway having a speed limit greater than forty-five miles per hour (45 mph).
         (ORC 4511.214)
   (d)   Motorized Bicycles or Mopeds. No person shall operate a motorized bicycle or moped upon a street, roadway or any public or private property used by the public for purposes of vehicular travel or parking unless all of the following conditions are met:
      (1)   The person is fourteen (14) or fifteen (15) years of age and holds a valid probationary motorized bicycle license issued after the person has passed the test provided for in ORC 4511.521; or the person is sixteen (16) years of age or older and holds either a valid commercial driver's license issued under ORC Chapter 4506., or a driver's license issued under ORC Chapter 4507., or a valid motorized bicycle license issued after the person has passed the test provided for in ORC 4511.521, except that if a person is sixteen (16) years of age, has a valid probationary motorized bicycle license, and desires a motorized bicycle license, the person is not required to comply with the testing requirements provided for in ORC 4511.521;
      (2)   The motorized bicycle or moped is equipped in accordance with the rules adopted by the Ohio Director of Public Safety and is in proper working order.
      (3)   The person, if under eighteen (18) years of age, is wearing a protective helmet on the person's head with the chin strap properly fastened and the motorized bicycle or moped is equipped with a rearview mirror. The protective helmet and rearview mirror required by this division shall, on and after January 1, 1985, conform to the rules adopted by the Ohio Director of Public Safety;
      (4)   The person operates the motorized bicycle when practicable within three feet (3') of the right edge of the roadway obeying all traffic rules applicable to vehicles; and
      (5)   The person operating the motorized bicycle or moped is not carrying another person upon the motorized bicycle or moped.
         (ORC 4511.521)
   (e)   Low-Speed Micromobility Devices.
      (1)   No person shall operate a low-speed micromobility device upon any street, roadway or public or private property used by the public for the purpose of vehicular travel or parking having an established speed limit greater than forty-five miles per hour (45 mph).
      (2)   This section does not prohibit a person operating a low-speed micromobility device from proceeding across an intersection of a street or roadway having a speed limit greater than forty-five miles per hour (45 mph).
      (3)   Except as otherwise provided in this section, those sections of the Traffic Code that by their nature could apply to a low-speed micromobility device do apply to that device and the person operating it whenever it is operated upon any street, roadway or public or private property used by the public for the purpose of vehicular travel or parking.
         (ORC 4511.514)
   (f)   Electric Personal Assistive Mobility Devices.
      (1)   No person shall operate an electric personal assistive mobility device upon any street, roadway or public or private property used by the public for the purpose of vehicular travel or parking having an established speed limit greater than forty-five miles per hour (45 mph).
      (2)   This section does not prohibit a person operating an electric personal assistive mobility device from proceeding across an intersection of a street or roadway having a speed limit greater than forty-five miles per hour (45 mph).
      (3)   Except as otherwise provided in this section, those sections of the Traffic Code that by their nature could apply to an electric personal assistive mobility device do apply to that device and the person operating it whenever it is operated upon any street, roadway or public or private property used by the public for the purpose of vehicular travel or parking.
         (ORC 4511.512)
   (g)   Motorized Wheelchairs and Personal Delivery Devices. No person shall operate a motorized wheelchair or personal delivery device upon any street or roadway or any public or private property used by the public for the purpose of vehicular travel.
(Ord. 2022-14. Adopted 05/26/22)
   (h)   Penalties.
      (1)   Except as otherwise provided in this division (h)(1), whoever violates division (a) or (b) of this section is guilty of a minor misdemeanor. If, within one (1) year of the offense, the offender previously has been convicted of or pled guilty to one (1) predicate motor vehicle or traffic offense, whoever violates division (a) or (b) of this section is guilty of a misdemeanor of the fourth degree. If, within one (1) year of the offense, the offender previously has been convicted of two (2) or more predicate motor vehicle or traffic offenses, whoever violates division (a) or (b) of this section is guilty of a misdemeanor of the third degree. 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 Section 444.99(b) of this Traffic Code. (ORC 4511.55)
      (2)   Except as otherwise provided in this division (h)(2), whoever violates division (c) of this section is guilty of a minor misdemeanor. If, within one (1) year of the offense, the offender previously has been convicted of or pled guilty to one (1) predicate motor vehicle or traffic offense, whoever violates division (c) this section is guilty of a misdemeanor of the fourth degree. If, within one (1) year of the offense, the offender previously has been convicted of or pled guilty to two (2) or more predicate motor vehicle or traffic offenses, whoever violates division (c) this section is guilty of a misdemeanor of the third degree.
         (ORC 4511.214)
      (3)   Whoever violates division (d) of this section is guilty of a minor misdemeanor.
         (ORC 4511.521)
      (4)   Whoever violates division (e) of this section is guilty of a minor misdemeanor. Unless a mens rea is otherwise specified in this section, an offense established under this section is a strict liability offense and ORC 2901.20 does not apply. The designation of that offense as a strict liability offense shall not be construed to imply that any other offense, for which there is no specified degree of culpability, is not a strict liability offense.
         (ORC 4511.514)
      (5)   Whoever violates division (f) of this section is guilty of a minor misdemeanor and shall be punished as follows:
         A.   The offender shall be fined ten dollars ($10.00);
         B.   If the offender previously has been convicted of or pled guilty to a violation of division (f) of this section, or any substantially equivalent State law or municipal ordinance, the court, in addition to imposing the fine required under division (e)(1)A. of this section, shall do one of the following:
            (i)   Order the impoundment for not less than one (1) day but no more than thirty (30) days of the electric personal assistive mobility device that was involved in the current violation of that division. The court shall order the device to be impounded at a safe indoor location designated by the court and may assess storage fees of not more than five dollars ($5.00) per day; provided the total storage, processing, and release fees assessed against the offender or the device in connection with the device's impoundment or subsequent release shall not exceed fifty dollars ($50.00).
            (ii)   If the court does not issue an impoundment order pursuant to division (e)(1)B.(i) of this section, issue an order prohibiting the offender from operating any electric personal assistive mobility device on the public streets, roadways, sidewalks, bike lanes, bike paths, and shared use paths for not less than one (1) day but not more than thirty (30) days.
               (ORC 4511.512)
      (6)   Whoever violates division (g) of this section is guilty of a minor misdemeanor.
(Ord. 2022-14. Adopted 05/26/22)