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Westlake, Ohio – City Ordinances
CHAPTER 373 – Bicycles and Motorcycles
373.01 CODE APPLICATION TO BICYCLES.
(a) The provisions of this Traffic Code that are applicable to bicycles and electric bicycles apply whenever a bicycle or electric bicycle is operated upon any street or upon any path set aside for the exclusive use of bicycles.
(b) Except as provided in subsection (d) of this section, a bicycle operator or electric bicycle operator who violates any section of this Traffic Code described in subsection (a) of this section that is applicable to bicycles or electric 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 or electric 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) Except as provided in subsection (d) of this section, in the case of a violation of any section of this Traffic Code described in subsection (a) of this section by a bicycle operator, electric bicycle operator, or motor vehicle operator when the trier of fact finds that the violation by the motor vehicle operator endangered the lives of bicycle riders or electric 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, electric 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.
(d) Subsections (b) and (c) of this section do not apply to violations of Section 333.01 of this Traffic Code.
(ORC 4511.52)
(e) The provisions of this Traffic Code shall apply to bicycles and electric bicycles except those which by their nature are not applicable.
373.011 BICYCLE LANES.
(a) Definitions.
(1) “Bicycle lane” means any portion of a roadway designated by signs and/or pavement markings for the exclusive use of bicycles.
(2) “Bicycle” has the same meaning as contained in Section 301.04(a).
(b) Designated Bicycle Lane Direction. No person shall ride or operate a bicycle within a bicycle lane different from the direction of other vehicular traffic in the traveled portion of the roadway adjacent to the designated bicycle lane.
(c) Operation of Bicycle in Bicycle Lane.
(1) No persons riding or operating a bicycle shall ride more than two abreast in a bicycle lane.
(2) No person shall park a bicycle in a bicycle lane unless there are exigent or emergency circumstances.
(3) No person riding or operating a bicycle shall make a left turn at an intersection from the bicycle lane.
(4) Every person riding or operating a bicycle in a bicycle lane shall be subject to the provisions of this Traffic Code and the traffic laws of the State applicable to the driver of a vehicle, except as to those provisions which by their nature can have no application.
(d) Driving in a Bicycle Lane.
(1) No person shall drive or operate a motor vehicle upon or across a bicycle lane except as follows:
- By briefly crossing the bicycle lane to enter or leave an alley, building, private road or driveway.
- To prepare for a right turn at an intersection, or into an alley, building, private road or driveway. Such turn shall be accomplished by moving the motor vehicle into the bicycle lane within a distance of 200 feet of the intersection, alley, building, private road or driveway to be turned into.
- The motor vehicle operation upon or across a bicycle lane is required in the course of official duty.
(2) No motor vehicle shall move into or cross the bicycle lane without yielding the right of way to any bicycle that is close enough to constitute an immediate hazard.
(e) Electric Assisted Bicycle; Electric Personal Assistive Mobility Device; Mopeds. An electric assisted bicycle, personal assistive mobility device, and a moped used under pedal power shall be considered a bicycle, rather than a motor vehicle, for purposes of the Westlake Codified Ordinances, except when otherwise specifically provided by ordinance.
(f) Duty of Motorist to Bicyclist.
(1) In approaching or passing a person on a bicycle every person operating a motor vehicle shall proceed with caution and shall pass the bicyclist at a reasonable speed and keep a safe distance from the bicyclist.
(2) No person operating a motor vehicle shall harass or endanger a bicyclist by the movement or maneuvering of his or her motor vehicle.
(g) Obstructing a Bicycle Lane.
(1) No person shall:
- Stop, stand, sit or loiter upon any bicycle lane.
- Place any object upon any bicycle lane, which impedes or blocks the normal and reasonable movement of any bicyclist unless the placement or parking is necessary for the safe operation or is otherwise in compliance with the law.
- Park a vehicle or motor vehicle within a bicycle lane.
(2) Subsection (g)(1)C. does not apply to:
- Emergency or public safety vehicles while displaying a red, white, or blue rotating, flashing or oscillating light, or a rotating, flashing or oscillating light combining any of those colors.
- School buses picking up or discharging students.
- Rubbish, garbage, recycling materials, leaf or yard waste collection vehicles while actually engaged in the collection of rubbish, garbage, recycling materials, or leaf and yard waste removal while displaying a rotating, flashing or oscillating amber light.
- Highway maintenance vehicles as defined in Section 303.04 (d) while displaying a flashing, rotating or oscillating amber light.
- Air compressors, tractors, trailers, trucks, and other equipment while being used in the construction, reconstruction, installation, repair or removal or facilities near, on, over or under a bicycle lane while displaying a flashing, rotating or oscillating amber light.
- Busses and taxicabs when actually engaged in the loading or unloading of passengers and while simultaneously flashing the front and rear turn signals.
- Delivery and service vehicles while actually engaged in making deliveries or providing services and while simultaneously flashing the front and rear turn signals.
- Vehicles for which permission has been granted to park in the bicycle lane by the Chief of Police or his designee for good cause shown. (Ord. 2007-48. Passed 4-5-07.)
373.02 RIDING UPON SEATS; HANDLE BARS; HELMETS AND GLASSES.
(a) For purposes of this section “snowmobile” has the same meaning as given that term in Ohio R.C 4519.01.
(b) 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.
(c) 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.
(d) 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.
(e) No person shall ride upon a motorcycle that is equipped with a seat other than while sitting upon the seat.
(f) 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.
(g) No bicycle, electric bicycle, or motorcycle shall be used to carry more persons at one time than the number for which it is designed and equipped. No motorcycle shall be operated on a highway when the handlebars rise higher than the shoulders of the operator when the operator is seated in the operator’s seat or saddle.
(h) (1) Except as provided in subsection (h)(2) of this section, no person shall operate or be a passenger on a snowmobile or motorcycle without using safety glasses or other protective eye device. Except as provided in subsection (i)(3) of this section, no person who is under the age of eighteen years, or who holds a motorcycle operator’s endorsement or license bearing “novice” designation that is currently in effect as provided in Ohio R.C. 4507.13, shall operate a motorcycle on a highway, 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, safety glasses or other protective eye device shall conform with rules adopted by the Ohio Director of Public Safety. The provisions of this subsection or a violation thereof shall not be used in the trial of any civil action.
(2) Subsection (h)(1) of this section does not apply to a person operating an autocycle or cab-enclosed motorcycle when the occupant compartment top is in place enclosing the occupants.
(i) (1) No person shall operate a motorcycle with a valid temporary permit and temporary instruction permit identification card issued by the Ohio Registrar of Motor Vehicles pursuant to Ohio R.C. 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 that conforms with rules adopted by the Director.
(2) No person shall operate a motorcycle with a valid temporary instruction permit and temporary instruction permit identification card issued by the Registrar pursuant to Ohio R.C. 4507.05 in any of the following circumstances:
- At any time when lighted lights are required by Section 337.02(a)(1);
- While carrying a passenger;
- On any limited access highway or heavily congested roadway.
(3) Subsections (i)(1) and (i)(2)A. of this section do not apply to a person who operates or is a passenger in an autocycle or cab-enclosed motorcycle when the occupant compartment top is in place enclosing the occupants.
(j) Nothing in this section 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.
(k) Except as otherwise provided in this subsection, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
(ORC 4511.53)
373.03 ATTACHING BICYCLE OR SLED TO VEHICLE.
(a) No person riding upon any motorcycle, bicycle, electric bicycle, coaster, roller skates, sled, skateboard 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 motorcycle, bicycle, electric bicycle, coaster, roller skates, sled, skateboard 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.
(c) 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 303.991 of the Traffic Code. (ORC 4511.54)
373.04 RIDING BICYCLES AND MOTORCYCLES ABREAST.
(a) Persons riding bicycles, electric bicycles, or motorcycles upon a roadway shall ride not more than two abreast in a single lane, except on paths or parts of roadways set aside for the exclusive use of bicycles, electric bicycles, or motorcycles.
(b) 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 303.991 of the Traffic Code.
(ORC 4511.55(B))
373.05 SIGNAL DEVICE ON BICYCLE.
A bicycle or electric bicycle may be equipped with a device capable of giving an audible signal, except that a bicycle or electric bicycle shall not be equipped with nor shall any person use upon a bicycle or electric bicycle any siren or whistle.
(ORC 4511.56(B))
373.06 LIGHTS AND REFLECTOR ON BICYCLE; BRAKES.
(a) Every bicycle or electric bicycle when in use at the times specified in Section 337.02, shall be equipped with the following:
(1) A lamp mounted on the front of either the bicycle or electric bicycle or the operator that shall emit a white light visible from a distance of at least five hundred feet to the front; and three hundred feet to the sides. A generator-powered lamp that emits light only when the bicycle or electric bicycle is moving may be used to meet this requirement.
(2) A red reflector on the rear that shall be visible from all distances from one hundred feet to six hundred feet to the rear when directly in front of lawful lower beams of head lamps on a motor vehicle.
(3) A lamp emitting either flashing or steady red light visible from a distance of five hundred feet to the rear shall be used in addition to the red reflector; If the red lamp performs as a reflector in that it is visible as specified in subsection (a)(2) of this section, the red lamp may serve as the reflector and a separate reflector is not required.
(b) Additional lamps and reflectors may be used in addition to those required under subsection (a) of this section, except that red lamps and red reflectors shall not be used on the front of the bicycle or electric bicycle and white lamps and white reflectors shall not be used on the rear of the bicycle or electric bicycle.
(c) Every bicycle or electric bicycle shall be equipped with an adequate brake when used on a street or highway.
(ORC 4511.56(A), (C))
373.07 RIDING BICYCLE ON RIGHT SIDE OF ROADWAY; OBEDIENCE TO TRAFFIC RULES; PASSING.
(a) Every person operating a bicycle or electric 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 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.
(c) 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 303.991 of the Traffic Code.
(ORC 4511.55(A))
373.08 COMPLIANCE WITH CITY AND STATE LAWS REQUIRED; TRAFFIC SIGNALS.
(a) Every person riding a bicycle shall be subject to the provisions of this Traffic Code and the traffic laws of the State applicable to the driver of a vehicle, except as to those provisions which by their nature can have no application.
(b) Any person operating a bicycle shall obey the instructions of official traffic signals, signs and other control devices applicable to vehicles, unless otherwise directed by a police officer.
(c) Whenever authorized signs are erected that no right or 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. 1973-125. Passed 11-15-73.)
373.09 RIDING REGULATIONS.
It shall be legal to ride a bicycle upon a sidewalk, street or public way, or upon any path set aside for the exclusive use of bicycles, except State, Federal or County highways, where sidewalks are available, subject to the following:
(a) Any person operating a bicycle may ride upon the sidewalk rather than the roadway when sidewalks are available and not congested with pedestrian traffic. If the sidewalk is congested with pedestrian traffic, the bicycle operator using the sidewalk shall walk the bicycle.
(b) No person shall ride a bicycle upon a sidewalk, upon or along which signs have been erected by authority of the Chief of Police prohibiting such bicycle riding.
(c) Whenever a person is riding a bicycle upon a sidewalk, street, roadway or any pedestrian way, such person shall yield the right of way to any pedestrian and shall give an audible signal before attempting to overtake and pass a pedestrian or another bicycle. This audible signal must be given only by a bell or other warning device capable of giving an audible signal and shall be given at such a distance and in such a manner as not to startle any person being overtaken and passed.
(d) Whenever a person is riding a bicycle on a sidewalk, the rider shall dismount and shall walk the bicycle across an intersection or a street.
(e) Whenever a person is riding a bicycle upon a sidewalk, the person, before overtaking and passing a blind person carrying a white cane or metallic cane or guided by a dog, shall dismount and overtake or pass on foot.
(f) When a bicycle is operated on a street, the operator shall give hand signals before turning, changing lanes or stopping. Such signals shall conform with Section 331.15 . (Ord. 1973-125. Passed 11-15-73; Ord. 2007-48. Passed 4-5-07.)
(i) When a motorized bicycle is operated upon any area within the City other than those areas where automobiles are permitted to be operated, the engine shall be turned off and the motorized bicycle operated by pedal power only.
(Ord. 1982-99. Passed 7-15-82.)
373.10 MOTORIZED BICYCLE OPERATION, EQUIPMENT 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 eighteen 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; and
(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.
(b) No person operating a motorized bicycle shall carry another person upon the motorized bicycle.
(c) The protective helmet and rearview mirror required by subsection (a)(3) of this section shall, on and after January 1, 1985, conform with rules adopted by the Ohio Director of Public Safety.
(d) Whoever violates this section is guilty of a minor misdemeanor. (ORC 4511.521)
373.11 RECKLESS OPERATION; SPEED.
No person shall operate a bicycle or electric bicycle:
(a) Without due regard for the safety and rights of pedestrians and 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;
(b) Without both hands upon the handle bars except when necessary to give the required hand and arm signals;
(c) At a speed greater than is reasonable and prudent under the condition then existing.
(Ord. 1973-125. Passed 11-15-73.)
(d) A motorized bicycle while being operated under engine power shall not exceed a speed greater than twenty miles per hour.
(Ord. 1982-99. Passed 7-15-82.)
373.12 EMERGING FROM ALLEY OR DRIVEWAY.
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 such street.
(Ord. 1973-125. Passed 11-15-73.)
373.13 PARKING.
(a) A bicycle shall be parked in a designated bicycle parking area when they are 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 other than against the curb.
(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. 1973-125. Passed 11-15-73.)
373.14 DUTY TO LOCK BICYCLES.
No person shall leave any bicycle unlocked when parked upon any public street, public sidewalk, public driveway, public playground or any other public property.
(Ord. 1973-125. Passed 11-15-73.)
373.15 IMPOUNDING.
(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 such member shall have the authority to impound any bicycle.
(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 eighteen years, such notice shall be made to the parent or guardian of the licensee of the bicycle. 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 or proper identification, but nothing herein shall relieve the offender of any penalty that may be imposed under Section 303.99.
(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, if known. (Ord. 1973-125. Passed 11-15-73; Ord. 1973-126. Passed 11-15-73.)
373.16 SALE OF IMPOUNDED BICYCLES.
All impounded bicycles, if unclaimed after ninety days, shall be sold at public auction at a time and place designated by the Chief of Police. The Chief of Police shall make public notice of the time and place of such public auction.
(Ord. 1973-125. Passed 11-15-73.)
373.17 REGISTRATION REQUIRED.
No bicycle or motorized bicycle shall be operated in the City without a registration therefor as provided for herein. Such registration shall be applied for to the Director of Finance, or someone designated by him, by every owner of a bicycle or motorized bicycle upon a form provided by the Director. The application for registration of a bicycle or motorized bicycle shall contain the name and address of the applicant and the name, color and serial number or other identifying marks of the bicycle or motorized bicycle and other information as the Director deems pertinent.
No person who is the owner of a bicycle or motorized bicycle shall use such bicycle or motorized bicycle unless it is registered in a manner satisfactory to the Chief of Police or to whomever he may delegate.
The registration provided for in this section shall be valid for the lifetime of the bicycle or motorized bicycle or until ownership of such registered bicycle or motorized bicycle changes, whichever occurs first.
This section shall not apply to any bicycle or motorized bicycle in transit within the City provided that such bicycles or motorized bicycles have been registered in some other Municipality in accordance with the terms of an ordinance similar to the foregoing if such exists, or if the owner is a resident of another community.
(Ord. 1982-99. Passed 7-15-82.)
373.18 REGISTRATION PLATE OR DECAL.
The Director of Finance shall issue a registration plate or decal together with a certificate bearing the name and address of the owner, the make and manufacturer’s serial number, type or model and the date issued.
The owner shall cause such registration plate or decal to be firmly attached to the bicycle for which issued, in such position as to be plainly visible. No person shall destroy or remove a registration plate or decal from a bicycle.
On bicycles not containing a manufacturer’s serial number the Director shall establish a serial number system and cause such number to be permanently stamped on the bicycle frame.
The Director of Finance may furnish each registrant with a copy of the provisions of this chapter and other information as he deems appropriate.
(Ord. 1973-126. Passed 11-15-73.)
373.19 REGISTRATION PLATE OR DECAL LOST OR DESTROYED.
In the event a registration plate or decal is lost or destroyed, the Director of Finance, if satisfied of such fact, shall issue a new registration plate or decal upon the application of the owner of the bicycle.
(Ord. 1973-126. Passed 11-15-73.)
373.20 REGISTRATION STATIONS AUTHORIZED.
In addition to establishing a registration station at the City Hall, the Director of Finance is hereby authorized to establish stations for the registration of bicycles hereunder as he deems necessary for the convenience of applicants.
(Ord. 1973-126. Passed 11-15-73.)
373.21 RENTAL AGENCIES.
A rental agency shall not rent or offer any bicycle for rent unless the bicycle is registered and a registration plate or decal is attached thereto.
(Ord. 1973-126. Passed 11-15-73.)
373.22 REPAIR SHOPS TO RECORD SERIAL NUMBERS.
No person in the business of selling and/or repairing bicycles shall sell, repair, dispose of or transfer the ownership of any bicycle without keeping a written record of the seller, purchaser, manufacturer’s serial number and type or model thereof. Such records shall be kept for a period of three years and shall be available to the Chief of Police upon request.
(Ord. 1973-126. Passed 11-15-73.)
373.23 REGISTRATION OF STOLEN BICYCLE.
(a) No person shall knowingly register or cause to be registered a bicycle which has been stolen.
(Ord. 1973-126. Passed 11-15-73.)
(b) Whoever violates this section is guilty of a misdemeanor of the third degree.
373.24 PARENTAL RESPONSIBILITY.
No parent of any child or guardian of any ward shall authorize or knowingly permit any such child or ward to violate any of the provisions of this chapter.
(Ord. 1973-125. Passed 11-15-73.)
373.25 ELECTRIC BICYCLES.
(a) (1) The operation of a class 1 electric bicycle and a class 2 electric bicycle is permitted on a path set aside for the exclusive use of bicycles or on a shared-use path, unless the Municipality by resolution, ordinance, or rule prohibits the use of a class 1 electric bicycle or class 2 electric bicycle on such a path.
(2) No person shall operate a class 3 electric bicycle on a path set aside for the exclusive use of bicycles or a shared-use path unless that path is within or adjacent to a highway or the Municipality by resolution, ordinance, or rule authorizes the use of a class 3 electric bicycle on such a path.
(3) No person shall operate a class 1 electric bicycle, a class 2 electric bicycle or a class 3 electric bicycle on a path that is 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, unless the Municipality by resolution, ordinance or rule authorizes the use of a class 1 electric bicycle, a class 2 electric bicycle, or a class 3 electric bicycle on such a path.
(4) Subsections (a)(2) and (a)(3) of this section do not apply to a law enforcement officer, or other person sworn to enforce the criminal and traffic laws of the state, using an electric bicycle while in the performance of the officer’s duties.
(b) (1) No person under sixteen years of age shall operate a class 3 electric bicycle; however, a person under sixteen 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.
(c) (1) Except as otherwise provided in this subsection, whoever operates an electric bicycle in a manner that is prohibited under subsection (a) of this section and whoever violates subsection (b) of this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
(2) The offenses established under subsection (c)(1) of this section are strict liability offenses and strict liability is a culpable mental state for purposes of Ohio R.C. 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)
373.99 PENALTY.
(EDITOR’S NOTE: See Section 303.99 for misdemeanor classifications and penalties.)
11-15-82.)