Bay Village, Ohio – City Ordinances
Chapter 377 – BICYCLES
377.01 – Code application to bicycles.
These regulations are applicable to bicycles whenever a bicycle is operated upon any sidewalk or street, subject to those exceptions stated herein.
(a)Every person riding a bicycle upon a street shall be granted all of the rights and shall be subject to all duties applicable to the driver of a vehicle. Every person riding a bicycle upon a sidewalk shall be granted all of the rights and shall be subject to all of the duties applicable to a pedestrian.(b)Except as provided in subsection (c) of this section, a bicycle operator who violates any section of this Code described in subsection (d) of this section that is applicable to bicycles may be issued a ticket, citation or summons by a law enforcement officer for the violation in the same manner as the operator of a motor vehicle would be cited for the same violation. A person who commits any such violation while operating a bicycle shall not have any points assessed against the person’s driver’s license, commercial driver’s license, temporary instruction permit or probationary license under Ohio R.C. 4510.036.(c)Subsection (b) of this section does not apply to violations of Section 333.01 of this Traffic Code. (ORC 4511.52)(d)The provisions of this Traffic Code shall apply to bicycles except those provisions, which by their nature are not applicable. (Ord. 14-11. Passed 3-3-14.)
377.02 – Definitions.
As used in this chapter, certain words are defined as follows:
(a)Bicycle has the same meaning as defined in Section 301.04(a) of this Traffic Code.(b)Bicyclist means a person utilizing a bicycle.
(Ord. 14-11. Passed 3-3-14.)
377.03 – Parent’s responsibility.
The parent and/or guardian of any child, under the age of 18, or of any ward shall not authorize or knowingly permit any such child or ward to violate any of the provisions of this chapter.
(Ord. 14-11. Passed 3-3-14.)
377.04 – Obedience to traffic control devices.
(a)Any person operating a bicycle shall obey the instructions of official traffic control signals, signs and other traffic control devices applicable to vehicles, unless otherwise directed by a police officer or unless the traffic signals are otherwise malfunctioning, including the failure of a vehicle detector to detect the vehicle. In the case of a malfunctioning light, operator must:(1)Stop at a clearly marked stop lines, 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 vehicles 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)Whenever authorized signs are erected that no right, left or “U” turns are permitted, no person operating a bicycle shall disobey the direction of any such sign, except where such person dismounts from the bicycle to make any such turn, in which event such person shall then obey the regulations applicable to pedestrians.
(Ord. 14-11. Passed 3-3-14.)
377.05 – Riding bicycle on right side of roadway; obedience to traffic rules.
It shall be legal to ride a bicycle upon a street or public way, subject to the following:
(a)Every person operating a bicycle upon a roadway 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.(b)This section does not require a person operating a 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 is otherwise unsafe or impracticable to do so, including if the lane is too narrow for the bicycle and an overtaking vehicle to travel safely side by side within the lane.(c)A person riding a bicycle upon a street shall yield the right-of-way to any pedestrian.(d)When a bicycle is operated on the roadway, the operator shall give hand signals to other vehicle operators in the vicinity before turning or changing lanes. Such signals shall conform with the motor vehicle laws of Ohio. The signal shall be made not less than one time but is not required to be continuous. A bicycle operator is not required to make a signal if the bicycle 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 bicycle.
(Ord. 14-11. Passed 3-3-14.)
(Ord. No. 15-82, § 1, 12-14-2015)
377.06 – Riding on sidewalks.
It shall be legal to ride a bicycle upon a sidewalk or public way, or upon any path set aside for the exclusive use of bicycles, subject to the following:
(a)Except as provided in subsection (b) below, it shall be legal to operate a bicycle upon a sidewalk when sidewalks are available and not congested with pedestrian traffic. If the sidewalk is congested with pedestrian traffic, any bicycle operator using the sidewalk shall walk the bicycle.(b)No person shall ride a bicycle upon a sidewalk along which signs have been erected by authority of the Mayor or Director of Public Safety prohibiting such bicycle riding.(c)A person propelling a bicycle upon and along a sidewalk, or across a roadway upon and along a crosswalk, shall yield the right-of-way to any pedestrian and shall give an audible signal before overtaking and passing such pedestrian. This audible signal may be given by the voice or by a bell or other warning device capable of giving an audible signal and shall be given at a distance and in such a manner as not to startle a person being overtaken and passed.(d)A person operating a bicycle upon a sidewalk, before overtaking and passing a blind person carrying a white cane or guided by a dog, shall dismount and overtake or pass on foot, if necessary for safety.(e)A person shall not operate a bicycle from a sidewalk so as to suddenly leave a curb or other place of safety and move into the path of a vehicle that is so close as to constitute an immediate hazard.(f)No person shall operate a bicycle on a sidewalk at a speed greater than an ordinary walk when approaching or entering a crosswalk or approaching or crossing a driveway if a vehicle is approaching the crosswalk or driveway.
(Ord. 14-11. Passed 3-3-14.)
377.07 – Riding upon seats; handlebars.
(a)A person operating a bicycle shall not ride other than astride the permanent and regular seat attached thereto, or carry any other person upon such bicycle other than upon a firmly attached and regular seat thereon, and no person shall ride upon a bicycle other than upon such a firmly attached and regular seat.(b)No bicycle shall be used to carry more persons at one time than the number for which it is designed and equipped.(c)The provisions of parts (a) and (b) above shall not be construed as prohibiting the carrying of a child in a seat or trailer designed for carrying children and firmly attached to the bicycle.(d)Every person operating a bicycle shall maintain at least one hand on the handle bars at all times and no person operating a bicycle shall carry any package, bundle or article that prevents the driver from keeping at least one hand upon the handle bars.
(Ord. 14-11. Passed 3-3-14.)
377.08 – Emerging from alley or driveway.
(a)The operator of a bicycle emerging from an alley, driveway or building shall, upon approaching a sidewalk or the sidewalk area extending across any alley or driveway, yield the right-of-way to all pedestrians approaching on such sidewalk area and upon entering the street shall yield the right-of-way to all vehicles approaching on such street.
(Ord. 14-11. Passed 3-3-14.)
377.09 – Attaching bicycle or sled to vehicle.
(a)No person riding upon any, bicycle, coaster, scooter, roller skates, sled or toy vehicle shall attach the same or self to any vehicle upon a roadway.(b)No operator shall knowingly permit any person riding upon any bicycle, coaster, scooter, roller skates, sled or toy vehicle to attach the same or self to any vehicle while it is moving upon a roadway. This section does not apply to the towing of a disabled vehicle, nor to the towing of a trailer designed for this purpose.
(Ord. 14-11. Passed 3-3-14.)
377.10 – Riding bicycles abreast.
Persons riding bicycles upon a roadway shall not ride more than two abreast in a single lane, however, persons riding on Lake Road shall ride single file only.
(Ord. 14-11. Passed 3-3-14.)
377.11 – Lights and reflector; brakes.
(a)Every bicycle when in use at the times specified in Section 4513.03 of the Ohio Revised Code shall be equipped with the following:(1)A lamp mounted on the front of either the bicycle or the operator that shall emit a white light visible from a distance of at least 500 feet to the front and 300 feet to the sides. A generator powered lamp, which emits light only when the bicycle is moving, may be used to meet this requirement;(2)A red reflector on the rear of a type that shall be visible from all distances from 100 feet to 600 feet to the rear when directly in front of lawful lower beams of head lamps on a motor vehicle; and(3)A light emitting either flashing or steady red light visible from a distance of 500 feet to the rear shall be used in addition to the red reflector. If the light performs as a reflector such that it is visible as specified in subsection (2) above, it shall satisfy the requirement for a reflector.(b)Additional lights and reflectors may be used in addition to those required under part (a) above except that red lights and reflectors shall not be used on the front of the bicycle nor shall white or colorless lights or reflectors be used on the rear of the bicycle.(c)Every bicycle shall be equipped with an adequate brake when used on a street, sidewalk or highway.
(Ord. 14-11. Passed 3-3-14.)
377.12 – Signal device on bicycle.
A bicycle may be equipped with a device capable of giving audible, signal, except that a bicycle shall not be equipped with nor shall any person use upon a bicycle any siren or whistle.
(Ord. 14-11. Passed 3-3-14.)
377.13 – Impounding of bicycles.
(a)Whenever any person operates a bicycle in violation of any section of this Traffic Code, the bicycle may be seized by any member of the Police Department and the Chief of Police shall have the authority to impound any bicycle at the police station. An impounded bicycle shall not be released to a minor.(b)When any bicycle has been seized and so impounded, notice shall be made forthwith by the officer in charge to the owner of the bicycle or, in the event the person is a minor under the age of 18 years, such notice shall be made to the parent or guardian of the licensee of the bicycle. The notice shall contain a full explanation of the reason for seizing and impounding the bicycle.(c)Any bicycle impounded under the provisions of this Traffic Code shall be surrendered to the owner or to the parents or guardian of any minor upon showing sufficient proof of ownership of the bicycle, but nothing herein shall relieve the offender of any penalty that may be imposed under the general penalty section of this chapter.(d)It shall be the duty of the police officer or the person in charge of records to keep in an appropriate book or file the names and addresses of all owners of bicycles impounded, the name and address of the violator if he is not the owner, the license number and the serial number of the bicycle, together with the nature and circumstances of each violation, as well as the disposition of each case.
(Ord. 14-11. Passed 3-3-14.)
377.14 – Reckless operation; control, course and speed.
(a)No person shall operate a bicycle:(1)Without due regard for the safety and rights of pedestrians, drivers and occupants of all other vehicles, and so as to endanger the life, limb, or property of any person while in the lawful use of the streets or sidewalks or any other public or private property;(2)Without exercising reasonable and ordinary control over such bicycle;(3)In a weaving or zigzag course unless such irregular course is necessary for the safe operation in compliance with law;(4)While wearing more than one earphone attached to a radio, tape player, MP3 player, mobile telephone or other audio device; and(5)While using a handheld electronic communications device to write, send or read text-based communications.
(Ord. 14-11. Passed 3-3-14.)
377.15 – Parking of bicycle.
(a)A bicycle shall be parked in a designated bicycle parking area when provided. No person shall park a bicycle upon a sidewalk in such a manner so as to unduly interfere with pedestrian traffic, or upon a roadway so as to unduly interfere with vehicular traffic.(b)When a designated parking area is not provided, bicycles shall be parked in such a manner as not to interfere with building entrances.
(Ord. 14-11. Passed 3-3-14.)
377.99 – Penalty.
(a)Whoever violates any provision of Sections 377.01 to 377.15, inclusive is guilty of a minor misdemeanor on a first offense; on a second offense within one year after the first offense, the person is guilty of a misdemeanor of the fourth degree, on each subsequent offense within one year of the first offense, the person is guilty of a misdemeanor of the third degree, and shall be punished as provided in Section 303.99(b), and the court may prohibit such violator from riding a bicycle for a period not to exceed six months. Whoever violates any provision of this chapter may be punished by having his bicycle impounded for a period not exceeding 30 days.(b)Except as provided in subsection (c) of Section 377.01, in the case of a violation of any section of this Traffic Code described in subsection (d) of Section 377.01 by a bicycle operator or by a motor vehicle operator when the trier of fact finds that the violation by the motor vehicle operator or the bicycle operator endangered the lives of bicycle riders at the time of the violation, the court, notwithstanding any provision of this Traffic Code to the contrary, may require the bicycle operator or motor vehicle operator to take and successfully complete a bicycling skills course approved by the court in addition to or in lieu of any penalty otherwise prescribed by the Traffic Code for that violation.
(Ord. 14-11. Passed 3-3-14.)
Chapter 379 – MOTORIZED BICYCLES (MOPEDS)
379.01 – Definition.
As used in this chapter, “motorized bicycle” has the same meaning as defined in Section 301.04(b).
(Ord. 82-92. Passed 11-15-82.)
379.02 – Parent’s responsibility.
The parent of any child and the guardian of any ward shall not authorize or knowingly permit any such child or ward to violate any provisions of this chapter.
(Ord. 82-92. Passed 11-15-82.)
379.03 – Traffic code application.
Every person operating a motorized bicycle (moped) upon a street shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by the laws of the State, or by the traffic ordinances of the City applicable to the driver of a vehicle, except those regulations which by their nature are not applicable.
(Ord. 82-92. Passed 11-15-82.)
379.04 – Obedience to traffic control devices.
(a)Any person operating a motorized bicycle shall obey the instructions of official traffic control signals, signs and other traffic control devices applicable to vehicles, unless otherwise directed by a police officer.(b)Whenever authorized signs are erected that no right, left or “U” turns are permitted, no person operating a motorized bicycle shall disobey the directions of any such sign.
(Ord. 82-92. Passed 11-15-82.)
379.05 – Riding on streets.
It shall be legal to ride a motorized bicycle upon a street or public way, subject to the following:
(a)Every person operating a motorized bicycle upon a roadway 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.(b)Persons riding motorized bicycles upon a roadway shall ride single file except on paths or parts of roadways set aside for the exclusive use of motorized bicycles or motorcycles.(c)When a motorized bicycle is operated on the street, the operator shall give hand signals before turning, changing lanes or stopping. Such signals shall conform with the motor vehicle laws of the State.(d)No person shall operate a motorized bicycle at a speed greater than is reasonable and proper under the conditions then existing nor in excess of any posted speed limit established within the City.(e)No person riding upon any motorized bicycle shall attach the same or himself to any vehicle upon a street.(f)No operator of a motorized bicycle shall knowingly permit any person riding upon any motorized bicycle, tricycle, coaster, roller skates, sled or toy vehicle to attach the same or himself to his vehicle while moving upon a roadway.(g)No person shall park a motorized bicycle upon a roadway in such a manner as to interfere with vehicular traffic.
(Ord. 82-92. Passed 11-15-82.)
379.06 – Riding on proper seat; trick riding.
(a)A person operating a motorized bicycle shall not ride other than astride a permanent and regular seat attached thereto, or carry any other person upon such motorized bicycle, nor shall any other person ride upon a motorized bicycle other than the operator thereof.(b)No person shall engage in trick riding or operate a motorized bicycle without both hands upon the handle grips, except when necessary to give hand signals required herein.
(Ord. 82-92. Passed 11-15-82.)
379.07 – Emerging from alley or driveway.
(a)The operator of a motorized bicycle emerging from an alley, driveway or building shall, upon approaching a sidewalk or the sidewalk area extending across any alley or driveway, yield the right-of-way to all pedestrians approaching on such sidewalk area and upon entering the street shall yield the right-of-way to all vehicles approaching on such street.(b)Every rider of a motorized bicycle shall exercise due care to avoid colliding with any pedestrian or any vehicle upon any roadway or sidewalk, or endangering the life, limb or property of any person while in the lawful use of the streets, sidewalks or any other private or public property.
(Ord. 82-92. Passed 11-15-82.)
379.08 – Carrying articles.
No person operating a motorized bicycle shall carry any package, bundle or article that prevents the driver from keeping both hands upon the handlebars.
(Ord. 82-92. Passed 11-15-82.)
379.09 – Stolen motorized bicycle.
No person shall steal any motorized bicycle or purposely take, ride or operate any motorized bicycle without consent of the owner thereof, or buy or conceal any motorized bicycle that has been stolen, knowing it to have been stolen.
(Ord. 82-92. Passed 11-15-82.)
379.10 – Operation and equipment; helmet and license.
(a)No person shall operate a motorized bicycle upon any street or highway 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 possesses a valid license or permit authorizing such operation and which is issued by the Ohio Registrar of Motor Vehicles under Ohio R.C. Chapter 4506 or 4507 or Ohio R.C. 4511.521;(2)The motorized bicycle is equipped in accordance with rules adopted by the Ohio Director of Public Safety and is in proper working order;(3)The person, if he is under 18 years of age, is wearing a protective helmet on his head with the chin strap properly fastened, and the motorized bicycle is equipped with a rear-view mirror;(4)The person operates the motorized bicycle when practicable within three feet of the right edge of the roadway obeying all traffic rules applicable to vehicles; and(5)The motorized bicycle displays on the rear of such bicycle the current license plate or validation sticker furnished by the Ohio Director of Public Safety under Ohio R.C. 4503.191.(b)No person operating a motorized bicycle shall carry another person upon the motorized bicycle.
(ORC 4511.521)
379.11 – Impounding.
(a)Whenever any person operates a motorized bicycle in violation of any section of this Traffic Code, the motorized bicycle may be seized by any member of the Police Department and the Chief of Police shall have the authority to impound any motorized bicycle at the police station. An impounded motorized bicycle shall not be released to a minor.(b)When any motorized bicycle has been seized and so impounded, notice shall be made forthwith by the officer in charge to the owner of the motorized bicycle or, in the event the person is a minor under the age of 18 years, such notice shall be made to the parent or guardian of the licensee of the motorized bicycle. The notice shall contain a full explanation of the reason for seizing and impounding the motorized bicycle.(c)Any motorized bicycle impounded under the provisions of this Traffic Code shall be surrendered to the owner or to the parents or guardian of any minor upon showing sufficient proof of ownership of the motorized bicycle, but nothing herein shall relieve the offender of any penalty that may be imposed under the general penalty section of this chapter.(d)It shall be the duty of the police officer or the person in charge of records to keep in an appropriate book or file the names and addresses of all owners of motorized bicycles impounded, the name and address of the violator if he is not the owner, and license number and the serial number of the motorized bicycle, together with the nature and circumstances of each violation, as well as the disposition of each case.
(Ord. 82-92. Passed 11-15-82.)
379.99 – Penalty.
Whoever violates any provision of this chapter is guilty of a minor misdemeanor and shall be punished as provided in Section 303.99(b), and the court may prohibit such violator from riding a motorized bicycle for a period not to exceed six months. Whoever violates any provision of this chapter may be punished by having his motorized bicycle impounded for a period not exceeding 30 days.
(Ord. 82-92. Passed 11-15-82.)
