Pepper Pike, Ohio Bicycle Laws

Pepper Pike, Ohio  – City Ordinances

 

CHAPTER 474 -Bicycles and Motorcycles

 

474.01 CODE APPLICATION TO BICYCLES.

   (a)   The provisions of this Traffic Code that are applicable to bicycles or 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 434.01 of this Traffic Code.
(ORC 4511.52)

   (e)   The provisions of this Traffic Code shall apply to bicycles except those which by their nature are not applicable.

   Penalty – see Sections 408.01408.02 and 474.10

474.02 RIDING UPON SEATS; CARRYING PACKAGES; MOTORCYCLE HANDLEBARS; 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 shall ride other than upon or 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.

 

   (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 shall carry any package, bundle or article that prevents the driver from keeping at least one hand upon the handle bars.

 

   (g)   No 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)   No person shall operate or be a passenger on a snowmobile or motorcycle without using safety glasses or other protective eye device. 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 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 regulations prescribed and promulgated 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.

 

   (i)   (1)   No person under the age of 18 years shall operate a bicycle or ride as a passenger on a bicycle within the City unless such person is wearing a properly sized protective helmet with the chin strap fastened under the chin. Such helmet shall meet or exceed the standards set by ANSI (American National Standards Institute) or SNELL (Snell Memorial Foundation).

      (2)   No parent, guardian or person acting for the parent or guardian shall permit a person under 18 years of age to violate Section 474.02(g)(1).

      (3)   Whoever violates this subsection (g) shall be given a written warning advising of the violation of this subsection (g), and advising of the dangers of not wearing a helmet and of the serious injuries which may result when an accident occurs to a child not wearing a helmet.

      (4)   Whoever violates this subsection (g) after receiving a written warning, shall be fined no more than $50.00. Such $50.00 fine shall be waived upon presentation of proof of purchase or ownership of a protective helmet which meets or exceeds the requirements of subsection (g)(1). For each and every subsequent violation of this subsection (g), a fine not to exceed $100.00 shall be imposed. (Ord. 2000-42. Passed 10-18-00.)

 

   (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.

   Penalty – see Sections 408.01408.02 and 474.10

474.03 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 himself 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 himself 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 408.04 of the Traffic Code. (ORC 4511.54)

   Penalty – see Sections 408.01408.02 and 474.10

474.04 RIDING BICYCLES SINGLE FILE ON RIGHT SIDE OF ROADWAY; RIDING MOTORCYCLES ABREAST.

   (a)   Every person operating a bicycle or electric bicycle upon a roadway shall ride in single file 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)   Persons riding motorcycles upon a roadway shall ride not more than two abreast in a single lane.

(Ord. 1996-50. Passed 10-16-96.)

 

   (d)   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 408.04 of the Traffic Code. (ORC 4511.55)

   Penalty – see Sections 408.01408.02 and 474.10

474.05 LIGHTS, SIGNAL DEVICES, BRAKES ON BICYCLES.

   (a)   Every bicycle when in use at the times specified in Section 438.02, 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 five hundred feet to the front; and three hundred feet to the sides. A generator-powered lamp that emits light only when the 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 and white lamps and white reflectors shall not be used on the rear of the bicycle.

   (c)   Every bicycle shall be equipped with an adequate brake when used on a street or highway.

   (d)   A bicycle may be equipped with a device capable of giving an audible signal, except that a bicycle shall not be equipped with nor shall any person use upon a bicycle any siren or whistle.

   Penalty – see Sections 408.01408.02 and 474.10

474.06 RIDING BICYCLES UPON SIDEWALKS.

   A person operating a bicycle shall ride upon the sidewalk rather than the roadway when sidewalks are available, except that no person shall ride a bicycle upon a sidewalk upon or along which signs have been erected by authority of Council or other duly designated local authority prohibiting such bicycle riding, or within a business district. At no time shall a person under the age of eleven years operate a bicycle on a street.

   Penalty – see Sections 408.01408.02 and 474.10

474.07 SAFE RIDING REGULATIONS FOR BICYCLES.

   (a)   Whenever a designated usable path for bicycles has been provided adjacent to a street, bicycle riders shall use such path and shall not use the street.

   (b)   Whenever a person is riding a bicycle upon a sidewalk or street, 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 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 the person being overtaken and passed.

   (c)   No person shall ride a bicycle across or through any intersection involving a through street. Such intersections are to be crossed by walking the bicycle across or through the intersection.

   (d)   Whenever a person is riding a bicycle upon a sidewalk, the person, before overtaking and passing a blind person carrying a white or metallic cane, shall dismount and overtake or pass on foot.

   (e)   When a bicycle is operated on the street, the operator shall give hand signals before turning, changing lanes or stopping. Such signals shall conform with Section 432.14.

   (f)   Every rider of a bicycle shall exercise due care to avoid colliding with any pedestrian or any vehicle upon any roadway, sidewalk or bicycle path, 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.

   (g)   No person shall operate a bicycle at a speed greater than is reasonable and proper under the conditions then existing.

   (h)   The operator of a bicycle emerging from or turning into an alley, driveway or building shall, upon approaching a sidewalk or the sidewalk area extending across any alley, driveway or building, yield the right of way to all pedestrians approaching on such sidewalk area. Upon entering the street, such operator shall yield the right of way to all vehicles approaching on such street.

   (i)   No person shall engage in trick riding or operate a bicycle without both hands upon the handle grips except when necessary to give the hand signals required herein.

   (j)   No person shall operate a bicycle 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 such person is in the lawful use of the streets or sidewalks or any other public or private property.

   (k)   No person shall operate a bicycle without exercising reasonable and ordinary control over such bicycle.

   (l)    No person shall operate a bicycle in a weaving or zigzag course, unless such irregular course is necessary for safe operation or in compliance with law.

   Penalty – see Sections 408.01408.02 and 474.10 

474.08 PARKING; LOCKS.

   (a)    No person shall park a bicycle upon a sidewalk in such a manner as to interfere with pedestrian traffic or damage the property of another.

   (b)    No person shall park a bicycle upon a roadway in such a manner as to interfere with vehicular traffic.

   (c)    No bicycle shall remain unlocked when parked upon any public way or place.

   Penalty – see Sections 408.01408.02 and 474.10 

474.085 REFLECTIVE CLOTHING.

   During the times specified in Section 438.02, every person operating a bicycle upon a roadway shall wear reflective clothing or a reflective device of sufficient size and reflective capacity to be seen at a distance of not less than 500 feet to the person’s front and rear, when illuminated by two standard automobile headlights operating at the lawful lower beam setting.

(Ord. 1988-45. Passed 7-20-88.)

   Penalty – see Sections 408.01408.02 and 474.10 

474.09 PARENT’S 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.

   Penalty- see Sections 408.01 and 408.02 

474.10 SUSPENSION OF RIDING PRIVILEGES; IMPOUNDING OF BYCYCLES.

   In addition to the penalties provided in Sections 408.01 and 408.02, a court may prohibit any person who violates or fails to comply with any of the provisions of this chapter relating to bicycles from riding a bicycle for a period not to exceed three months. In addition, any person violating or failing to comply with any of the provisions of this chapter relating to bicycles may be punished by having his or her bicycle impounded for a period not exceeding thirty days.

474.11 OPERATION OF MOTORIZED BICYCLES.

   (a)   No person shall operate a motorized bicycle upon a 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 is 14 or 15 years of age and holds a valid probationary motorized bicycle license issued after the person has passed the test provided for in this section, or the person is 16 years of age or older and holds either a valid commercial driver’s license issued under R.C. Chapter 4506 or a driver’s license issued under R.C. Chapter 4507 or a valid motorized bicycle license issued after the person has passed the test provided for in this section, except that if a person is 16 years of age, has a valid probationary motorized bicycle license and desires a motorized bicycle license, the person is not required to comply with the testing requirements provided for in this section.

      (2)   The motorized bicycle is equipped in accordance with the rules adopted under division (b) of this section and is in proper working order.

      (3)   The person, if under 18 years of age, is wearing a protective helmet on the person’s head with the chin strap properly fastened and the motorized bicycle is equipped with a rearview 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.

   (b)   The Director of Public Safety, subject to R.C. Chapter 119, shall adopt and promulgate rules concerning protective helmets, the equipment of motorized bicycles, and the testing and qualifications of persons who do not hold a valid driver’s or commercial driver’s license. The test shall be as near as practicable to the examination required for a motorcycle operator’s endorsement under R.C. § 4507.11. The test shall also require the operator to give an actual demonstration of the operator’s ability to operate and control a motorized bicycle by driving one under the supervision of an examining officer.

   (c)   Every motorized bicycle license expires on the birthday of the applicant in the fourth or eighth year after the date it is issued, based on the period of renewal requested by the applicant. No motorized bicycle license shall be issued for a period longer than eight years. A person who is 65 years of age or older may only apply for a motorized bicycle license that expires on the birthday of the applicant in the fourth year after the date it is issued.

   (d)   No person operating a motorized bicycle shall carry another person upon the motorized bicycle.

   (e)   The protective helmet and rearview mirror required by division (a)(3) of this section shall, on and after January 1, 1985, conform with rules adopted by the Director under division (b) of this section.

   (f)   Whoever violates division (a), (d) or (e) of this section is guilty of a minor misdemeanor.

(R.C. § 4511.521)

474.12 ELECTRIC BICYCLES.

   (a)   (1)   On and after January 1, 2020, manufacturers and distributors of electric bicycles shall permanently affix a label, in a prominent location, to each electric bicycle. The label shall specify whether the electric bicycle is a class 1, class 2, or class 3 electric bicycle, the top assisted speed that the electric bicycle is capable of reaching, and the motor wattage of the electric bicycle.

      (2)   No person shall modify an electric bicycle in a manner that changes the top assisted speed that the electric bicycle is capable of reaching unless the person also modifies the label required under division (a)(1) of this section to reflect the modification.

   (b)   (1)   The manufacturer of an electric bicycle shall ensure that the electric bicycle complies with the equipment and manufacturing requirements for bicycles established by the consumer product safety commission under 16 C.F.R. §§ 1512 et seq.

      (2)   The manufacturer shall manufacture all class 1 electric bicycles and class 3 electric bicycles so that when the rider ceases pedaling the electric motor ceases to provide assistance. The manufacturer shall manufacture all class 2 electric bicycles so that when the rider applies the brakes or releases or activates a switch or similar mechanism the electric motor ceases to provide assistance.

      (3)   All class 3 electric bicycles shall be equipped with a speedometer that displays the speed of the electric bicycle in miles per hour.

   (c)   (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 county, township, municipal corporation, other local authority, or state agency as defined in R.C. § 1.60 with control over the path 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 county, township, municipal corporation, or local authority, or state agency as defined in R.C. § 1.60 with control over the path 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 non-motorized use, unless the county, township, municipal corporation, other local authority, or state agency as defined in R.C. § 1.60 with control over the path 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)   Divisions (c)(2) and (c)(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.

   (d)   (1)   No person under 16 years of age shall operate a class 3 electric bicycle; however, a person under 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.

   (e)   (1)   Except as otherwise provided in this division, whoever operates an electric bicycle in a manner that is prohibited under division (c) of this section and whoever violates division (d) 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 division (e)(1) of this section are strict liability offenses and strict liability is a culpable mental state for purposes of 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.

(R.C. § 4511.522)