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§ 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)
444.13 RECKLESS OPERATION.
   (a)   Prohibitions. No person shall operate a bicycle, electric bicycle, motorcycle, motorized bicycle or moped, electric personal assistive mobility device, low-speed micromobility device, motorized wheelchair, or personal delivery device:
      (1)   Without due regard for the safety and rights of pedestrians and drivers and occupants of all other vehicles so as to endanger the life, limb, or property of any person while that person is in the lawful use of the streets, bike paths, sidewalks or any other public or private property used by the public for the purpose of vehicular travel or parking.
      (2)   Without exercising reasonable and ordinary control over such vehicle.
      (3)   In a weaving or zigzag course, unless such irregular course is necessary for safe operation in compliance with law.
      (4)   Without both hands upon the handle grips, except when necessary to give the required hand and arm signals under Section 444.07 of this Traffic Code.
      (5)   At a speed greater than is reasonable and prudent under the conditions then existing.
   (b)   Penalties. 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.
(Ord. 2022-14. Passed 05/26/22)
444.14 GENERAL OPERATION OF BICYCLES AND ELECTRIC BICYCLES.
   (a)   Rules for Operation of Bicycles and Electric Bicycles.
      (1)   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 such 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.
      (2)   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.
      (3)   No bicycle or electric bicycle shall be used to carry more persons at one time than the number for which it is designed and equipped.
      (4)   Nothing in this division 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.
         (ORC 4511.53)
   (b)   Additional Rules for the Operation of Electric Bicycles.
      (1)   No person under sixteen (16) years of age shall operate a class 3 electric bicycle; however, a person under sixteen (16) years of age may ride as a passenger on a class 3 electric bicycle that is designed to accommodate passengers.
      (2)   No person shall operate or be a passenger on a class 3 electric bicycle unless the person is wearing a protective helmet that meets the standards established by the consumer product safety commission or the American society for testing and materials.
      (3)   Divisions (b)(1) and (b)(2) do not apply to a law enforcement officer, or other person sworn to enforce this Traffic Code, using an electric bicycle while in the performance of the officer's duties.
         (ORC 4511.522)
   (c)   Penalties.
      (1)   Except as otherwise provided in this division (c)(1), whoever violates division (a) 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 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.
         (ORC 4511.53)
      (2)   A.   Except as otherwise provided in this division (c)(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 (a) 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) of this section is guilty of a misdemeanor of the third degree.
         B.   The offenses established under division (c)(2)A. of this section are strict liability offenses and strict liability is a culpable mental state for purposes of ORC 2901.20. The designation of these offenses as strict liability offenses 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)
444.15 GENERAL OPERATION OF MOTORCYCLES.
   (a)   Rules for Operation of Motorcycles.
      (1)   Riding:
         A.   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 such 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.
         B.   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.
         C.   No person shall ride upon a motorcycle that is equipped with a seat other than while sitting upon the seat.
      (2)   Number of Passengers: No motorcycle shall be used to carry more persons at one time than the number for which it is designed and equipped.
      (3)   "Low-Rider" Handlebars Prohibited: No motorcycle shall be operated on a street or other street or other roadway when the handlebars rise higher than the shoulders of the operator when the operator is seated in the operator's seat or saddle.
      (4)   Safety Glasses: No person shall operate or be a passenger on a motorcycle without using safety glasses or other protective eye device that conforms to the rules prescribed by the Ohio Director of Public Safety. This division (a)(4) does not apply to a person operating an autocycle or cab-enclosed motorcycle when the occupant compartment top is in place enclosing the occupants.
      (5)   Helmets:
         A.   Except as provided in division (a)(5)C. of this section, no person who is under the age of eighteen (18) years, or who holds a motorcycle operator's endorsement or license bearing a "novice" designation that is currently in effect, as provided in ORC 4507.13, shall operate a motorcycle on a street or roadway, or be a passenger on a motorcycle, unless wearing a United States Department of Transportation-approved 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 shall conform to the rules prescribed and promulgated 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.
         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 ORC 4507.05 unless the person, at the time of such operation, is wearing on the person's head a protective helmet that has been approved by the United States Department of Transportation and that conforms to the rules adopted by the Ohio Director of Public Safety.
         C.   Division (a)(5)A. of this section do not apply to a person operating an autocycle or cab-enclosed motorcycle when the occupant compartment top is in place enclosing the occupants.
      (6)   Temporary Instruction Permits: 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 ORC 4507.05 in any of the following circumstances:
         A.   At any time when lighted lights are required by ORC 4513.03;
         B.   While carrying a passenger; or
         C.   On any limited access highway or heavily congested roadway.
   (b)   Penalties. 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.
(ORC 4511.53)
444.16 GENERAL OPERATION OF LOW-SPEED MICROMOBILITY DEVICES.
   (a)   Prohibitions. No operator of a low-speed micromobility device shall do any of the following:
      (1)   Fail to yield the right-of-way to all pedestrians at all times;
      (2)   Fail to give an audible signal before overtaking and passing a pedestrian;
      (3)   Operate the device at night unless the device or its operator is equipped with or wearing both of the following:
         A.   A lamp pointing to the front that emits a white light visible from a distance of not less than five hundred feet (500'); and
         B.   A red reflector facing the rear that is visible from all distances from one hundred feet to six hundred feet (100' - 600') when directly in front of lawful lower beams or head lamps on a motor vehicle.
      (4)   No person who is under sixteen (16) years of age shall rent a low-speed micromobility device.
      (5)   No person shall knowingly rent a low-speed micromobility device on behalf of a person who is under sixteen (16) years of age.
      (6)   No person shall operate a low-speed micromobility device at a speed greater than twenty miles per hour (20 mph).
   (b)   Penalties.
      (1)   Whoever violates division (a) of this section is guilty of a minor misdemeanor.
      (2)   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)
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