Shaker Heights, Ohio – City Ordinances
CHAPTER 1173 – Bicycles and Motorcycles
1173.01 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.
1173.02 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 1137.02(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. (ORC 4511.53)
1173.03 ATTACHING BICYCLE, SLED OR MOTORIZED BICYCLE TO VEHICLE.
(a) No person riding upon any motorcycle, bicycle, electric bicycle, motorized 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, motorized 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. (ORC 4511.54)
1173.04 RIDING BICYCLES, MOTORIZED BICYCLES OR MOTORCYCLES ABREAST.
Persons riding bicycles, electric bicycles, motorized 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, motorized bicycles or motorcycles. (ORC 4511.55(B))
1173.05 SIGNAL DEVICE ON BICYCLE OR MOTORIZED BICYCLE.
(a) 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) Every motorized bicycle shall be equipped with an audible signaling device meeting the rules adopted by the Ohio Director of Highway Safety under Ohio R.C. 4511.521.
(Ord. 78-28. Enacted 3-27-78.)
1173.06 LIGHTS AND REFLECTOR ON BICYCLE; BRAKES.
(a) Every bicycle or electric bicycle when in use at the times specified in Section 1137.02, 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.
1173.07 MOTORCYCLE AND MOTORIZED BICYCLE BRAKES; SIDE REFLECTORS.
(a) Every bicycle, motorized bicycle and motorcycle shall be equipped with a brake which will enable the operator to make the braked wheel or wheels skid on dry, level and clean pavement.
(b) In addition, each motorized bicycle and motorcycle shall be equipped with side reflectors attached either to the spokes of the wheels or to the frame, reflecting essentially colorless or amber on the front and essentially colorless or red on the rear, which shall meet the requirements of Section 1173.06 as to reflective quality.
(Ord. 78-28. Enacted 3-27-78.)
1173.08 RIDING BICYCLE ON RIGHT SIDE OF ROADWAY; OBEDIENCE TO TRAFFIC RULES; PASSING.
(a) Every person operating a bicycle, electric bicycle or 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) 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.
1173.09 RECKLESS OPERATION; CONTROL, COURSE AND SPEED.
No person shall operate a bicycle, electric bicycle or motorized 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 exercising reasonable and ordinary control over such bicycle or motorized bicycle;
(c) In a weaving or zigzag course unless such irregular course is necessary for safe operation in compliance with law;
(d) Without both hands upon the handle grips except when necessary to give the required hand and arm signals;
(e) At a speed greater than is reasonable and prudent under the conditions then existing.
1173.10 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. (ORC 4511.521; Ord. 21-121. Enacted 11-22-21.)
1173.11 RIDING BICYCLES OR MOTORIZED BICYCLES ON SIDEWALKS.
(a) No person under the age of fourteen (14) years shall operate a bicycle on the roadways within the City, provided sidewalks are available. Persons fourteen (14) years of age and older may operate a bicycle upon the roadways but shall be governed by the same provisions of this Traffic Code relative to right of way as other vehicles. Every person operating a bicycle upon a sidewalk shall yield the right of way to all pedestrians and vehicles lawfully using the sidewalk. No person shall ride a bicycle on a sidewalk in a business district where restrictions have been placed by the Chief of Police due to congestion of the area, and such restrictions are indicated by clearly visible signs.
(b) No person shall ride a motorized bicycle upon the public sidewalk.
(c) No person under the age of fourteen (14) years shall ride a bicycle or motorized bicycle, upon a street or any public or private property used by the public for the purpose of vehicular travel or parking.
(Ord. 78-28. Enacted 3-27-78.)
1173.12 LICENSE REQUIRED; APPLICATION AND FEE.
(a) No person, who resides within this City, shall operate or ride a bicycle, motorcycle, or motorized bicycle within this City unless such vehicle has been licensed and a current license tag is attached thereto as provided herein or as provided by the Ohio Revised Code.
(b) No person who resides outside the City, shall operate or ride a bicycle, motorcycle or motorized bicycle within the City unless such vehicle has been licensed and a current license tag is attached thereto as provided by an ordinance of the community wherein such person resides, and a current license tag is attached thereto as provided in such ordinance, if any, or as provided by the Ohio Revised Code.
(c) Application for registration of a bicycle or motorized bicycle shall be made to the Mayor or his authorized representative, upon forms prescribed by him and furnished by the City, which shall contain the name and address of the applicant, the make, model, color, wheel size, serial number or other identification mark of such bicycle, and such other information as the Mayor or his authorized representative deems pertinent. Each application shall be accompanied by a fee of five dollars ($5.00).
(Ord. 05-137. Enacted 12-19-05.)
1173.13 LICENSE ISSUANCE AND BICYCLE INSPECTION.
(a) The Mayor or his authorized representative, upon receipt of the application for registration of a bicycle or motorized bicycle, accompanied by the required fee, shall register such bicycle or motorized bicycle. A record of all such registrations shall be kept in the Police Department. At the time of registration, the applicant shall be furnished a license tag of form and design approved by the Mayor or his authorized representative, bearing a serial number, which tag shall be permanently affixed to such registered bicycle or motorized bicycle. In addition thereto, the Mayor or his authorized representative may cause the serial number or some other identification to be stamped or engraved into the frame of such bicycle or motorized bicycle. The applicant shall also receive a registration card showing the name, address, date of registration, description of the bicycle or motorized bicycle, and license number. Such registration shall expire upon sale or transfer of such bicycle or motorized bicycle.
(b) In the event a license tag is removed or destroyed, the Mayor or his authorized representative shall issue a replacement license tag at fifty cents (50¢) for such replacement license tag. Lost, stolen or destroyed registration cards shall be replaced without charge.
(c) The Mayor or his authorized representative, shall inspect each bicycle or motorized bicycle before licensing same and shall refuse a license for any such bicycle or motorized bicycle which he determines to be in an unsafe mechanical condition, or which does not contain the necessary safety equipment required by this chapter.
(Ord. 78-28. Enacted 3-27-78.)
1173.14 REMOVAL, DESTRUCTION OR MUTILATION OF SERIAL NUMBER, LICENSE TAG, IDENTIFICATION STAMP OR REGISTRATION CARD.
No person shall willfully or maliciously remove, destroy, mutilate, alter or change the serial number, license tag, identification stamp or registration card on any bicycle or motorized bicycle. (Ord. 78-28. Enacted 3-27-78.)
1173.15 LOCKED VEHICLES AND STOLEN VEHICLES.
(a) No operator of a bicycle, motorized bicycle or motorcycle shall park such vehicle on any public property within this City unless such vehicle is securely locked.
(b) No operator of a bicycle shall park such vehicle on any private property which is open to the public within this City unless such vehicle is securely locked. This subsection shall not apply to the parking of bicycles on private residential property.
(c) No person shall steal any bicycle, motorized bicycle or motorcycle, or purposely take, ride or operate any such vehicle without the consent of the owner thereof, or buy or conceal any such vehicle or a part therefor that has been stolen, knowing it to have been stolen.
(Ord. 97-60. Enacted 4-28-97.)
1173.16 SALE OF USED BICYCLES.
(a) All persons, firms or corporations engaged in the business of buying used bicycles or motorized bicycles shall report to the Chief of Police or his authorized representative, the purchase by them of any used bicycle or motorized bicycle along with the name and address of the person from whom such used bicycle or motorized bicycle is purchased, together with the frame number and the license plate, if any, found thereon upon the next working day following the purchase.
(b) Any person who sells or transfers ownership of any bicycle or motorized bicycle licensed hereunder shall report such sale or transfer to the Chief of Police or his authorized representative within seven (7) days, and shall surrender any license issued to them.
(Ord. 78-28. Enacted 3-27-78.)
1173.17 IMPOUNDING.
Whenever any bicycle, motorcycle or motorized bicycle is operated by any person in violation of any of the provisions of this chapter or is found on any public property not securely locked, such vehicle may be seized by any member of the Police Department and impounded in the property room of the Police Department or the motor vehicle pound. Such impounded vehicles shall not be released except upon written order signed by the Chief of Police or some other official designated by him. Any charges for towing or storing any impounded vehicle shall be paid by the owner of the vehicle or his agent directly to the garage acting as motor vehicle pound. All parking citation charges, delinquent or otherwise, as fined by the Shaker Heights Municipal Court, shall be paid before such vehicle is released.
(Ord. 78-28. Enacted 3-27-78.)
1173.18 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)
