§ 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)