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Xenia Overview
Xenia, OH Code of Ordinances
CITY OF XENIA, OHIO CODE OF ORDINANCES
DIRECTORY OF OFFICIALS (2023)
ADOPTING ORDINANCE
XENIA CITY CHARTER
PART TWO - CITY GOVERNMENT CODE
PART FOUR - TRAFFIC CODE
TITLE TWO: ADMINISTRATION, ENFORCEMENT AND PENALTIES
TITLE FOUR: PUBLIC WAYS AND TRAFFIC CONTROL DEVICES
TITLE SIX: OPERATION AND VEHICLES
CHAPTER 430: DEFINITIONS
CHAPTER 432: OPERATION GENERALLY
CHAPTER 434: O.V.I. RECKLESS OPERATION; SPEED
CHAPTER 436: LICENSING; ACCIDENTS
CHAPTER 438: SAFETY AND EQUIPMENT
CHAPTER 440: COMMERCIAL AND HEAVY VEHICLES
CHAPTER 442: DRIVERS OF COMMERCIAL VEHICLES
CHAPTER 444: BICYCLES; MOTORCYCLES; MOPEDS; MOBILITY DEVICES
CHAPTER 446: LICENSING OF BICYCLES AND MOTORIZED BICYCLES
CHAPTER 448: SNOWMOBILES, OFF-HIGHWAY MOTORCYCLES AND ALL-PURPOSE VEHICLES
TITLE EIGHT: PARKING
PART SIX - GENERAL OFFENSES
PART EIGHT - BUSINESS REGULATION AND TAXATION CODE
PART TEN - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART TWELVE - LAND DEVELOPMENT CODE
PART FOURTEEN - BUILDING AND HOUSING CODE
PART SIXTEEN - FIRE CODE
TABLE OF SPECIAL LEGISLATION
PARALLEL REFERENCES
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§ 444.03 EQUIPMENT OF MOTORIZED BICYCLES OR MOPEDS.
   (a)   Brakes. Every motorized bicycle or moped shall be equipped with brakes meeting the rules adopted by the Ohio Director of Public Safety under ORC 4511.521.
(ORC 4513.20(A)(3))
   (b)   Additional Requirements. The requirements of division (a) of this section are in addition to the requirements of Section 444.05(d).
   (c)   Penalties. Whoever violates division (a) of this section is guilty of a minor misdemeanor.
(ORC 4513.99(B))
§ 444.04 EQUIPMENT OF MOTORCYCLES AND MOTOR-DRIVEN CYCLES OR MOTOR SCOOTERS.
   (a)   Motorcycles.
      (1)   Headlights: Every motorcycle shall be equipped with at least one (1) and not more than two (2) headlights.
         (ORC 4513.04)
      (2)   Brakes: Every motorcycle, when operated upon a street or roadway in this City, shall be equipped with at least one (1) adequate brake, which may be operated by hand or foot.
         (ORC 4513.20(A)(2))
      (3)   Mufflers:
         A.   Every motorcycle with an internal combustion engine shall at all times be equipped with a muffler that is in good working order and in constant operation to prevent excessive or unusual noise, and no person shall use a muffler cutout, bypass, or similar device upon a motorcycle on a street or roadway within this City. Every motorcycle muffler shall be equipped with baffle plates.
         B.   No person shall own, operate or have in the person's possession any motorcycle equipped with a device for producing excessive smoke or gas, or so equipped as to permit oil or any other chemical to flow into or upon the exhaust pipe or muffler of such motorcycle, or equipped in any way to produce or emit smoke or dangerous or annoying gases from any portion of such motorcycle, other than the ordinary gases emitted by the exhaust of an internal combustion engine under normal operation.
         (ORC 4513.22)
      (4)   Rearview Mirrors: Every motorcycle shall be equipped with a mirror so located as to reflect to the operator a view of the street or roadway to the rear of such motorcycle. Operators of motorcycles shall have a clear and unobstructed view to the front and to both sides of their motorcycles and shall have a clear view to the rear of their motorcycles by mirror.
         (ORC 4513.23)
      (5)   Directional Signals: No person shall operate any motorcycle manufactured or assembled on or after January 1, 1968, unless the vehicle is equipped with electrical or mechanical directional signals.
         (ORC 4513.261)
      (6)   Stop Lights: Every motorcycle shall be equipped with at least one (1) stop light. Stop lights shall be mounted on the rear of the vehicle, actuated upon application of the service brake, and may be incorporated with other rear lights. Such stop lights, when actuated, shall emit a red light visible from a distance of five hundred feet (500') to the rear.
         (ORC 4513.071)
   (b)   Motor-Driven Cycles or Motor Scooters.
      (1)   Directional Signals: No person shall operate any motor-driven cycle or motor scooter manufactured or assembled on or after January 1, 1968, unless the vehicle is equipped with electrical or mechanical directional signals.
         (ORC 4513.261)
      (2)   Stop Lights: Every motor-driven cycle or motor scooter shall be equipped with at least one (1) stop light. Stop lights shall be mounted on the rear of the vehicle, actuated upon application of the service brake, and may be incorporated with other rear lights. Such stop lights, when actuated, shall emit a red light visible from a distance of five hundred feet (500') to the rear.
         (ORC 4513.071)
   (c)   Penalties. Whoever violates this section is guilty of a minor misdemeanor.
(ORC 4513.04; 4513.071; 4513.22; 4513.23; 4513.261; 4513.99(A))
§ 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)
§ 444.06 DUTIES AT INTERSECTION WITH AMBIGUOUS OR NONWORKING TRAFFIC SIGNAL.
   (a)   Duty of Drivers. The operator of a bicycle, electric bicycle, motorcycle, motor-driven cycle or scooter, motorized bicycle or moped, low-speed micromobility device, or electric personal assistive device who approaches an intersection where traffic is controlled by traffic control signal shall do all of the following if the signal facing the operator exhibits no colored lights or colored lighted arrows, exhibits a combination of such lights or arrows that fails to clearly indicate the assignment of the right-of-way, or if the signals are otherwise malfunctioning due to the failure of a vehicle detector to detect the presence of the bicycle, electric bicycle, motorcycle, motor-driven cycle or scooter, motorized bike or moped, low-speed micromobility device, or electric personal assistive device:
      (1)   Stop at a clearly marked stop line but, if none, stop before entering the crosswalk on the near side of the intersection or, if none, stop before entering the intersection;
      (2)   Yield the right-of-way to all vehicles in the intersection or approaching on an intersecting road if the vehicle will constitute an immediate hazard during the time the driver is moving across or within the intersection or junction of roadways; and
      (3)   Exercise ordinary care while proceeding through the intersection.
   (b)   Penalties.
      (1)   Except as otherwise provided in this division, whoever violates 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 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 this section is guilty of a misdemeanor of the third degree.
      (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 444.99(b) of this Traffic Code.
(ORC 4511.132)
§ 444.07 USE OF SIGNALS.
   (a)   Turn Signals Required. When operated upon a street, roadway, or any public or private property used by the public for the purpose of vehicular travel or parking, no operator of a bicycle, electric bicycle, motorcycle, motor-driven cycle or scooter, motorized bicycle or moped, low-speed micromobility device, or electric personal assistive mobility device shall turn the vehicle unless and until such person has exercised due care to ascertain that the movement can be made with reasonable safety nor without giving an appropriate signal in the manner hereinafter provided. When required, a signal of intention to turn or move right or left shall be given continuously during not less than the last one hundred feet (100') feet traveled by the vehicle before turning, except that in the case of a person operating a bicycle, electric bicycle, low-speed micromobility device, or electric personal assistive mobility device the signal shall be made not less than one (1) time but is not required to be continuous. The operator of a bicycle, electric bicycle, low-speed micromobility device, or electric personal assistive mobility device is not required to make a signal if the bicycle, electric bicycle, low-speed micromobility device, or electric personal assistive mobility device is in a designated turn lane, and a signal shall not be given when the operator's hands are needed for the safe operation of the vehicle.
   (b)   Stop Signals Required. No person shall stop or suddenly decrease the speed of a bicycle, electric bicycle, motorcycle, motor-driven cycle or scooter, motorized bicycle or moped, low-speed micromobility device, or electric personal assistive mobility device without first giving an appropriate signal in the manner provided herein to the driver of any vehicle immediately to the rear when there is opportunity to give a signal.
   (c)   Appropriate Signals. Any stop or turn signal required by this section shall be given either by means of the hand and arm, or by signal lights that clearly indicate to both approaching and following traffic intention to turn or move left or right.
(ORC 4511.39)
   (d)   Hand and Arm Signals. All signals required by this section, when given by hand and arm, shall be given from the left side of the vehicle in the following manner, and such signals shall indicate as follows:
      (1)   Left turn, hand and arm extended horizontally;
      (2)   Right turn, hand and arm extended upward;
      (3)   Stop or decrease speed, hand and arm extended downward.
As an alternative to division (d)(2) of this section, a person operating bicycle, electric bicycle, low-speed micromobility device, or electric personal assistive mobility device may give a right turn signal by extending the right hand and arm horizontally and to the right side of the vehicle.
(ORC 4511.40)
   (e)   Penalties.
      (1)   Except as otherwise provided in this division, whoever violates 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 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 this section is guilty of a misdemeanor of the third degree.
      (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 444.99(b) of this Traffic Code.
(ORC 4511.39; 4511.40)
§ 444.08 DRIVING OR PARKING ON SIDEWALKS.
   (a)   Bicycles and Electric Bicycles.
      (1)   Bicycles and electric bicycles, if the motor is not engaged, may be driven upon any sidewalk and sidewalk area, except as otherwise posted. Bicycles and electric bicycles may only be parked upon a sidewalk or sidewalk area in a manner that does not interfere with pedestrian traffic.
      (2)   A law enforcement officer, or other person sworn to enforce this Traffic Code, may use an electric bicycle with the motor engaged on any sidewalk or sidewalk area while in the performance of the officer's duties.
(ORC 4511.711)
   (b)   Motorcycles, Motor-Driven Cycles or Scooters, Motorized Bicycles or Mopeds. No motorcycle, motor-driven cycle or scooter, motorized bicycle, or moped may be driven upon any sidewalk or sidewalk area, except upon a permanent or duly-authorized temporary driveway, and no motorcycle, motor-driven cycle or scooter, or motorized bicycle or moped may be parked upon any sidewalk or sidewalk area at any time.
(ORC 4511.711)
   (c)   Low-Speed Micromobility Devices. Low-speed micromobility devices may be driven upon any sidewalk and sidewalk area, except as otherwise posted. Low-speed micromobility devices may only be parked upon a sidewalk or sidewalk area in a manner that does not interfere with pedestrian traffic.
(ORC 4511.514)
   (d)   Electric Personal Assistive Mobility Devices. Electric personal assistive mobility devices may be driven upon any sidewalk and sidewalk area, except as otherwise posted. Electric personal assistive mobility devices may only be parked upon a sidewalk or sidewalk area in a manner that does not interfere with pedestrian traffic.
(ORC 4511.512)
   (e)   Motorized Wheelchairs. Motorized wheelchairs may be driven upon any sidewalk or sidewalk area. Every person operating a motorized wheelchair upon a sidewalk or sidewalk area shall have all of the rights and duties applicable to pedestrians under the Traffic Code, except those provisions which by their nature can have no application.
(ORC 4511.491)
   (f)   Personal Delivery Devices. An eligible entity may operate a personal delivery device on sidewalks and crosswalks so long as all of the following requirements are met:
      (1)   The personal delivery device is operated in accordance with all regulations, if any, established by the City;
      (2)   A personal delivery device operator is actively controlling or monitoring the navigation and operation of the personal delivery device;
      (3)   The eligible entity maintains an insurance policy that includes general liability coverage of not less than one hundred thousand dollars ($100,000) for damages arising from the operation of the personal delivery device by the eligible entity and any agent of the eligible entity; and
      (4)   The device is equipped with all of the following:
         A.   A marker that clearly identifies the name and contact information of the eligible entity operating the personal delivery device and a unique identification number;
         B.   A braking system that enables the personal delivery device to come to a controlled stop; and
         C.   If the personal delivery device is being operated between sunset and sunrise, a light on both the front and rear of the personal delivery device that is visible in clear weather from a distance of at least five hundred feet (500') to the front and rear of the personal delivery device when directly in front of low beams of headlights on a motor vehicle.
            (ORC 4511.513)
   (g)   Authority of Public Safety Director. The City's Public Safety Director is hereby authorized to make and issue, by administrative directive, rules and regulations regarding the use of City sidewalks, and parking thereon, by bicycles, electric bicycles, low-speed mobility devices, electric personal assistive mobility devices, motorized wheelchairs, and personal delivery devices and shall assure appropriate signage is posted regarding such rules and regulations.
(Ord. 2022-14. Adopted 05/26/22)
   (h)   Penalties.
      (1)   Except as otherwise provided in this division (h)(1), whoever violates division (a), of this section, or any rule or regulation of the Public Safety Director promulgated pursuant to division (g) 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) of this section or any rule or regulation of the Public Safety Director promulgated pursuant to division (g) 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 or pled guilty to two (2) or more predicate motor vehicle or traffic offenses, whoever violates division (a) of this section or any rule or regulation of the Public Safety Director promulgated pursuant to division (g) 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 444.99(b) of this Traffic Code.
(ORC 4511.711)
      (2)   Except as otherwise provided in this division (h)(2), whoever violates division (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 (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 or pled guilty to two (2) or more predicate motor vehicle or traffic offenses, whoever violates division (b) of this section is guilty of a misdemeanor of the third degree.
(Ord. 2022-14. Adopted 05/26/22)
      (3)   Whoever violates division (c) 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)
      (4)   Whoever violates division (d) 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 (d) 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)
      (5)   Except as otherwise provided in this division (h)(5), whoever violates division (f) 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 (f) 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 or pled guilty to two (2) or more predicate motor vehicle or traffic offenses, whoever violates division (f) of this section is guilty of a misdemeanor of the third degree.
(ORC 4511.99)
§ 444.09 DRIVING ON BIKE PATHS.
   (a)   Prohibitions. No person shall operate any motor vehicle, snowmobile, all-purpose vehicle, motorcycle (including autocycle, cab-enclosed motorcycle, and motor-driven cycle or scooter), motorized bicycle or moped, class 3 electric bicycle, or personal delivery device upon any bike path.
Statutory reference: ORC 4511.522; 4511.713
   (b)   Permitted Vehicles. Bicycles, class 1 electric bicycles, class 2 electric bicycles, electric personal assistive mobility devices, low-speed micromobility devices, and motorized wheelchairs are permitted upon bike paths, unless otherwise posted.
   (c)   Authority of the Public Safety Director. The City's Public Safety Director is hereby authorized to make and issue, by administrative directive, rules and regulations regarding the use of bike paths by bicycles, class 1 electric bicycles, class 2 electric bicycles, low-speed mobility devices, electric personal assistive mobility devices, and motorized wheelchairs and shall assure appropriate signage is posted regarding such rules and regulations.
(Ord. 2022-14. Adopted 05/26/22)
   (d)   Penalties.
      (1)   Except as otherwise provided in this division (d)(1), whoever violates division (a) of this section and who is operating a class 3 electric bicycle at the time of the offense 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 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) of this section is guilty of a misdemeanor of the third degree. The offense established under this division (d)(1) is a strict liability offense and strict liability is a culpable mental state for the purposes of ORC 2901.20. The designation of this 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 4511.522)
      (2)   Except as otherwise provided in this division (d)(2), whoever violates division (a) of this section and is operating a motor vehicle, snowmobile, all-purpose vehicle, motorcycle or motorized bicycle or moped at the time of the offense 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) 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 (a) 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 444.99(b) of this Traffic Code.
         (ORC 4511.713)
      (3)   Whoever violates any rule or regulation issued by the Public Safety Director pursuant to division (c) of this section is guilty of a minor misdemeanor.
(Ord. 2022-14. Adopted 05/26/22)
§ 444.10 DRIVING ON BIKE LANES AND SHARED USE PATHS.
   (a)   Prohibitions. No person shall operate any motor vehicle, snowmobile, all-purpose vehicle, motorcycle (including autocycle, cab-enclosed motorcycle, and motor-driven cycle or scooter), class 3 electric bicycle, motorized wheelchair, or personal delivery device upon any bike lane or shared use path.
Statutory reference: ORC 4511.522
   (b)   Permitted Vehicles. Bicycles, class 1 electric bicycles, class 2 electric bicycles, motorized bicycles and mopeds, electric personal assistive mobility devices, and low-speed micromobility devices are permitted upon any bike lane or shared use path.
Statutory reference: ORC 4511.512; 4511.514; 4511.521; 4511.522
   (c)   Penalties.
      (1)   Except as otherwise provided in this division (c)(1), whoever violates division (a) of this section and who is operating a class 3 electric bicycle at the time of the offense 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 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) of this section is guilty of a misdemeanor of the third degree. The offense established under this division (d)(1) is a strict liability offense and strict liability is a culpable mental state for the purposes of ORC 2901.20. The designation of this 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 4511.522)
      (2)   Except as otherwise provided in this division (d)(2), whoever violates division (a) of this section and is operating a motor vehicle, snowmobile, all-purpose vehicle, motorcycle, motorized wheelchair, or personal delivery device at the time of the offense 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) 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 (a) this section is guilty of a misdemeanor of the third degree.
(Ord. 2022-14. Adopted 05/26/22)
§ 444.11 DRIVING ON HIKING PATHS, PEDESTRIAN-ONLY PATHS, OR IN PARKS.
   (a)   Hiking Paths. No electric bicycles, regardless of the bicycle's class, motorcycles, motorized bicycles or mopeds, electric personal assistive mobility devices, low-speed micromobility devices, motorized wheelchairs, or personal delivery devices may be operated upon paths that are intended to be used primarily for mountain biking, hiking, equestrian use, or other similar uses, or any other single track or natural surface trail that has historically been reserved for nonmotorized use.
Statutory reference: ORC 4511.522
   (b)   Pedestrian-Only Paths. No bicycles, including electric bicycles regardless of the bicycle's class, motorcycles, motorized bicycles or mopeds, electric personal assistive mobility devices, low-speed micromobility devices, or personal delivery devices may be operated upon any path reserved for pedestrians only.
   (c)   Park Regulations. Nothing in this section affects or shall be construed to affect any rule of the State Director of Natural Resources or the City governing the operation of vehicles on lands under the control of the Director or City, as applicable. The City may prohibit the use of any vehicle within or upon any City park. Such prohibition shall be posted and enforced as a park regulation.
   (d)   Penalties. Whoever violates division (a) or (b) of this section is guilty of a minor misdemeanor.
(Ord. 2022-14. Adopted 05/26/22)
444.12 DRIVING THROUGH A SAFETY ZONE.
   (a)   Prohibitions. No bicycle, electric bicycle, motorcycle, motorized bicycle or moped, electric personal assistive mobility device, low-speed micromobility device, or personal delivery device shall at any time be driven through or within a safety zone.
   (b)   Penalties.
      (1)   Except as otherwise provided in this division, whoever violates 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 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 this section is guilty of a misdemeanor of the third degree.
      (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 444.99(b) of this Traffic Code.
(ORC 4511.60)
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