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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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444.12 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)
444.17 OPERATION OF ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES.
   (a)   Prohibitions. No operator of an electric personal assistive mobility device shall do any of the following:
      (1)   Fail to yield the right-of-way to all pedestrians and human-powered vehicles 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 of head lamps on a motor vehicle.
      (4)   Operate the device on any portion of a street or roadway that has an established speed limit of fifty-five miles per hour (55 mph) or more.
      (5)   Operate the device upon any path set aside for the exclusive use of pedestrians or other specialized use when an appropriate sign giving notice of the specialized use is posted on the path.
      (6)   If under eighteen (18) years of age, operate the device unless wearing a protective helmet on the person's head with the chin strap properly fastened.
      (7)   If under sixteen (16) years of age, operate the device unless, during the operation, the person is under the direct visual and audible supervision of another person who is eighteen (18) years of age or older and is responsible for the immediate care of the person under sixteen (16) years of age.
      (8)   No person who is under fourteen (14) years of age shall operate an electric personal assistive mobility device.
   (b)   Restriction on Sellers. No person shall distribute or sell an electric personal assistive mobility device unless the device is accompanied by a written statement that is substantially equivalent to the following: "WARNING: TO REDUCE THE RISK OF SERIOUS INJURY, USE ONLY WHILE WEARING FULL PROTECTIVE EQUIPMENT - HELMET, WRIST GUARDS, ELBOW PADS, AND KNEE PADS."
   (c)   Penalties.
      (1)   Whoever violates division (a) 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 (b) 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, and paths and portions of roadways set aside for the exclusive use of bicycles for not less than one (1) day but not more than thirty (30) days.
      (2)   Whoever violates division (b) of this section is guilty of a minor misdemeanor.
(ORC 4511.512)
444.18 LIGHTED LIGHTS REQUIRED.
   (a)   Lighted Lights. Every bicycle, electric bicycle, motorcycle, motorized bicycle or moped, electric personal assistive mobility device, or low-speed micromobility device operated upon a street or roadway within this City shall display lighted lights and illuminating devices during all of the following times:
      (1)   The time from sunset to sunrise;
      (2)   At any other time when, due to insufficient natural light or unfavorable atmospheric conditions, persons, vehicles, and substantial objects on the street or roadway are not discernable at a distance of one thousand feet (1000') ahead;
   (b)   Penalties. Whoever violates this section is guilty of a minor misdemeanor.
(ORC 4513.03)
444.19 LIGHTS ON SLOW-MOVING VEHICLES.
   (a)   Lights Required. All vehicles, other than bicycles, not specifically required to be equipped with lamps or other lighting devices under this Traffic Code or equivalent State statute shall, at the times specified in 444.18(a), be equipped with at least one (1) lamp displaying a white light visible for a distance of not less than one thousand feet (1000') to the front of the vehicle, and also shall be equipped with two (2) lamps displaying red light visible from a distance of not less than one thousand feet (1000') to the rear of the vehicle or, as an alternative, one (1) lamp displaying a red light visible from a distance of not less than one thousand feet (1000') to the rear and two (2) red reflectors visible from all distances of six hundred feet to one hundred feet (600' - 100') to the rear when illuminated by the lawful lower beams of headlamps. Lamps and reflectors required or authorized by this section shall meet standards adopted by the Ohio Director of Public Safety.
   (b)   Penalties. Whoever violates this section is guilty of a minor misdemeanor.
(ORC 4513.11)
444.20 PROHIBITIONS AGAINST ATTACHING BICYCLES, ELECTRIC BICYCLES, SLEDS, AND OTHER ITEMS TO VEHICLES.
   (a)   Prohibitions.
      (1)   No person riding upon any bicycle, electric bicycle, coaster, roller skates, sled or toy vehicle shall attach the same or self to any vehicle upon a roadway.
      (2)   No operator shall knowingly permit any person riding upon any bicycle, electric bicycle, coaster, roller skates, sled, or toy vehicle to attach the same or self to any vehicle while it is moving upon a roadway.
   (b)   Exception. This section does not apply to the towing of a disabled vehicle.
   (c) Penalties. Except as otherwise provided in this division, whoever violates division (a) 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 4511.54)
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