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Monday, August 17, 2009

Municipal Code for Columbus as it pertains to bicycles...

2173.01 Code application to bicycles, children's non-motorized vehicles.
(A) The provisions of this Traffic Code that are applicable to bicycles apply whenever a bicycle is operated upon any street or highway or upon any shared-use path within the public right-of-way as defined in section 910.01 (P) of the Columbus City Code or easement adjacent thereto or however specifically provided for in Chapter 2173.
(B) The provisions of this Traffic Code, except those that by their nature are inapplicable shall apply to bicycles except those which by their nature are not applicable, and any person operating a bicycle on a street shall comply with all operational rules and traffic control devices applicable to vehicular traffic.
(C) Except as provided in division (E) of this section, a bicycle operator who violates any section of the Traffic Code 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 Chapter 4510 of the Ohio Revised Code.
(D) Except as provided in division (E) of this section, in the case of a violation of any section of the Traffic Code by a bicycle operator or by a motor vehicle operator when the Trier of fact finds that the violation by the motor vehicle operator endangered the lives of bicycle riders at the time of the violation, the court, notwithstanding any provision of the Revised Code or the Columbus City 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 for that violation.
(E) Divisions (C) and (D) of this section do not apply to violations of Section 2133.01 of the Columbus City Traffic Code.
(ORC 4511.52) (Ord. 1579-72; Ord. 2120-03 § 1 (part); Ord. 0950-2008 § 1 (part).)

2173.015 Definitions.
(A) For purposes of this Chapter:
(1) "Snowmobile" means any self propelled vehicle designed primarily for use on snow or ice, and steered by skis, runners, or caterpillar treads.
(2) "Children's non-motorized vehicle" means any child's wheeled device, including a bicycle that is under thirty (30) inches of handlebar height and operating at less than five (5) miles per hour, that is operator-propelled by human power in, upon, or by which any person may be transported upon a street, highway, sidewalk, or public or private property used for vehicular or pedestrian travel or parking; except that "non-motorized vehicle" does not include any wheelchair, any personal assistive mobility device, or any device that is used exclusively upon stationary rails or tracks. "Non-motorized vehicle" would include, but is not limited to, children's bicycles with or without training wheels, roller skates, in-line skates, rollerblades, skateboards, unicycles, tricycles, quad cycles, and scooters.
(3) "Operate" means to cause or have caused movement of a vehicle or a non-motorized vehicle.
(Ord. 0950-2008 § 1 (part); Ord. 1987-2008 Attach. 1 (part); Ord. 1987-2008 Attach. 1 (part).)

2173.02 Rules for bicycles, motorcycles, snowmobiles, and children's non-motorized vehicles.
(A) A person operating a bicycle shall not ride other than upon or astride the permanent and regular seat attached thereto, and a person operating a motorcycle shall not ride other than upon the permanent and regular seat attached thereto, nor carry any other person upon such bicycle or motorcycle other than upon a firmly attached and regular seat thereon, nor shall any person ride upon a bicycle or motorcycle other than upon such a firmly attached and regular seat.
A person shall ride upon a motorcycle only while sitting astride the seat, facing forward, with one leg on each side of the motorcycle.
No person operating a bicycle shall carry any package, bundle, or article that prevents the driver from keeping at least one (1) hand upon the handle bars.
No person operating a bicycle or motorcycle shall carry more persons at one (1) time than the number for which it is designed and equipped, nor shall any person operate a motorcycle on a street or highway when the handle bars or grips are more than fifteen (15) inches higher than the seat or saddle for the operator.
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 (18) years, or who holds a motorcycle operator's endorsement or license bearing a "novice" designation that is currently in effect as provided in Section 4507.13 of the Ohio Revised Code 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 paragraph or a violation thereof shall not be used in the trial of any civil action. Nothing in this section shall be construed as prohibiting the carrying of a child over the age of one (1) year but under the age of eighteen (18) years in a seat or trailer that is designed for carrying children and is firmly attached to the bicycle.
(B) (1) No person under the age of eighteen (18) shall operate a bicycle or children's non-motorized vehicle within the City without wearing a protective helmet on the person's head, with the chin strap fastened under the person's chin. Such helmet shall be fitted to the size of the operator's head and shall meet or exceed the standards set forth by the U.S. Consumer Product Safety Commission (CPSC).
No person the age of one (1) or older but under the age of eighteen (18) shall ride as a passenger on a bicycle or non-motorized vehicle equipped with a firmly attached passenger seat or astride a regular seat on a tandem bicycle, within the City without wearing a protective helmet on the person's head, with the chin strap fastened under the person's chin. Such helmet shall be fitted to the size of the operator's head and shall meet or exceed the standards set forth by the U.S. Consumer Product Safety Commission (CPSC). Failure to wear a protective helmet as required in this division shall not be considered to be comparative or contributory negligence on the part of the parent, guardian, custodian, person having custody or control, or person in loco parentis of a child nor on the part of the child nor shall such failure be admissible in any civil action.
(2) No person, who is the parent, guardian, custodian, person having custody or control, or person in loco parentis of a child under eighteen (18) years of age shall authorize or knowingly permit such child to violate any provision of this division.
(C) (1) Except as otherwise provided in this division, whoever violates division (A) of this section is guilty of a minor misdemeanor. If, within one (1) year of the offense, the offender previously has been convicted of or pleaded guilty to one (1) predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one (1) year of the offense, the offender previously has been convicted of two (2) or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
(2) Whoever violates division (B)of this section shall be fined no more than twenty-five dollars ($25.00).
(D) The Director of Public Safety and the Chief of Police shall be responsible for enforcing division (B) of this section, and shall, as in all other enforcement actions, be afforded discretion and professional judgment in determining the appropriate enforcement action, including a verbal or written warning or the issuances of a summons.
(E) All fines collected for violations of division (B) of this section shall be deposited into the Bicycle Safety Fund.
(ORC 4511.53) (Ord. 1317-78; Ord. 2120-03 § 1 (part); Ord. 0950-2008 § 1 (part); Ord. 1987-2008 Attach. 1 (part).)

2173.03 Attaching bicycle or sled to vehicle.
(A) No person riding upon any motorcycle, bicycle, coaster, roller skates, sled, or toy vehicle shall attach the same or him/herself to any vehicle upon a roadway. No operator shall knowingly permit any person riding upon any motorcycle, bicycle, coaster, 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.
(B) Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor. If, within one (1) year of the offense, the offender previously has been convicted of or pleaded guilty to one (1) predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one (1) year of the offense, the offender previously has been convicted of two (2) or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
(ORC 4511.54) (Ord. 1579-72; Ord. 2120-03 § 1 (part); Ord. 0950-2008 § 1 (part); Ord. 1987-2008 Attach. 1 (part).)

2173.04 Bicycle to be ridden near right side of roadway; riding bicycles and motorcycles abreast.
(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) Persons riding bicycles or motorcycles upon a roadway shall ride not more than two (2) abreast in a single lane, except on shared-use paths or parts of roadways set aside for the exclusive use of bicycles or motorcycles.
(C) This section does not require a person operating a bicycle to ride at the edge of the roadway or within a marked bike lane when it is unreasonable or unsafe to do so. Conditions that may require riding away from the edge of the roadway or outside of a marked bike lane 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 and an overtaking vehicle to travel safely side by side within the lane.
(D) Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor. If, within one (1) year of the offense, the offender previously has been convicted or pleaded guilty to one (1) predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one (1) year of the offense, the offender previously has been convicted of two (2) or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
(ORC 4511.55(B)) (Ord. 1050-77; Ord. 2120-03 § 1 (part); Ord. 0950-2008 § 1 (part); Ord. 1987-2008 Attach. 1 (part).)

2173.05 Signal devices on bicycle; brake.
(A) Every bicycle when in use at the times specified in Section 2137.02 of the Columbus City 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 five hundred (500) feet to the front and three hundred (300) feet to the sides. A generator-powered lamp that emits lights 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 (100) feet to six hundred (600) 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 (500) 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 division (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 division (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) 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.
(D) Every bicycle shall be equipped with an adequate brake when used on a street, highway or shared-use path.
(E) Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor. If, within one (1) year of the offense, the offender previously has been convicted of or pleaded guilty to one (1) predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one (1) year of the offense, the offender previously has been convicted of two (2) or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
(ORC 4511.56) (Ord. 1170-75; Ord. 2120-03 § 1 (part); Ord. 0950-2008 § 1 (part); Ord. 1987-2008 Attach. 1 (part).)

2173.06 Lights and reflector on bicycle; brakes.
(Repealed by Ord. 2120-2003.)

2173.07 Bicycle yields right of way to pedestrians.
(A) Any person who may lawfully operate a bicycle or children's non-motorized vehicle upon a sidewalk or shared-use path consistent with Section 2173.10 of the Columbus City Code shall:
(1) Yield the right of way to a pedestrian upon a sidewalk or shared-use path or a crosswalk.
(2) Give a timely and audible signal before overtaking and passing a pedestrian upon the sidewalk or shared-use path.
(B) Any person operating a bicycle upon a roadway shall give a timely and audible signal before overtaking and passing a pedestrian upon the roadway.
(C) This section does not require a person operating a bicycle to ride on the right side of the roadway when it is unreasonable or unsafe to do so.
(D) Nothing in this section requires a bicycle operator to use a marked bike lane.
(E) Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor. If, within one (1) year of the offense, the offender previously has been convicted of or pleaded guilty to one (1) predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one (1) year of the offense, the offender previously has been convicted of two (2) or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
(ORC 4511.55) (Ord. 1579-72; Ord. 2120-03 § 1 (part); Ord. 0950-2008 § 1 (part); Od. 1987-2008 Attach. 1 (part).)

2173.08 Reckless operation; control, course and speed.
(A) No person shall operate a bicycle or child's non-motorized vehicle:
(1) 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;
(2) Without exercising reasonable and ordinary control over such bicycle;
(3) In a weaving or zigzag course unless such irregular course is necessary for safe operation or in compliance with law;
(4) Without keeping at least one hand upon the handle grips;
(5) At a speed greater than is reasonable and prudent under the conditions then existing.
(B) Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor. If, within one (1) year of the offense, the offender previously has been convicted of or pleaded guilty to one (1) predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one (1) year of the offense, the offender previously has been convicted of two (2) or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
(Ord. 1579-72; Ord. 2120-03 § 1 (part); Ord. 0950-2008 § 1 (part); Ord. 1987-2008 Attach. 1 (part)).

2173.09 Parking of bicycle.
(a) 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) Whoever violates this section is guilty of a minor misdemeanor.
(Ord. 1579-72; Ord. 2120-03 § 1 (part); Ord. 0950-2008 § 1 (part).)

2173.10 Riding bicycles on sidewalks.
(a) No person shall operate a bicycle upon a sidewalk, except for children's non-motorized vehicles as defined in section 2173.015 (A)(2), and at locations that the Columbus city council designates as bikeways or shared-use paths.
(b) Whoever violates this section is guilty of a minor misdemeanor.
(Ord. 1050-77; Ord. 2120-03 § 1 (part); Ord. 0950-2008 § 1 (part); Ord. 1987-2008 Attach. 1 (part).)

2173.105 Driving motor vehicles and riding motorcycles on sidewalks, shared-use paths or bike lanes.
(a) No person shall operate a motor vehicle or motorcycle upon a sidewalk or shared-use path except for:
(1) Motor vehicles under control of a local jurisdiction used for maintenance or repair activities.
(b) No person shall operate a motor vehicle or motorcycle in a bike lane except for:
(1) Motor vehicles under control of a local jurisdiction used for maintenance or repair activities;
(2) Motor vehicles used to lawfully load and unload passengers or freight;
(3) Motor vehicles accessing a legal on-street parking space;
(4) Motor vehicles safely merging right with bicycle operators in a marked bike lane, employing appropriate speed and distance allowances, before turning right onto a street or driveway;
(c) Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor. If, within one (1) year of the offense, the offender previously has been convicted of or pleaded guilty to one (1) predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one (1) year of the offense the offender previously has been convicted of two (2) or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
(ORC 4511.711) (Ord. 1050-77; Ord. 2120-03 § 1 (part); Ord. 0950-2008 § 1 (part); Ord. 1987-2008 Attach. 1 (part).)

2173.11 Impounding for violations.
Whenever any bicycle shall be operated by any person, including minors under the age of twenty-one (21) years, in violation of any of the provisions of this chapter, or the provisions of Chapter 571 of the Business Regulation and Licensing Code, such bicycle may be seized by any member of the police department and impounded for not more than thirty (30) days in a pound which shall be established by the chief of police for such purpose. Such bicycle, so impounded, shall be surrendered upon order of the police chief to the parent or guardian of any minor without charge after full explanation to such parent or guardian of the reason for such impounding, and after the expiration of the impounding period. A complete record of each such impounding shall be kept in the office of the chief of police.
(Ord. 1579-72; Ord. 0950-2008 § 1 (part).)

2173.12 Right-of-way bike crossings.
(a) If neither vehicular traffic nor bicycle traffic at a "bike crossing" is controlled by a stop or yield sign, or a traffic signal, the operator of a bicycle shall yield the right-of-way at bike crossings to all vehicles on the road or street unless otherwise directed by a police officer.
(b) Whoever violates this section is guilty of a minor misdemeanor.
(Ord. 1050-77; Ord. 2120-03 § 1 (part); Ord. 0950-2008 § 1 (part).)

2173.13 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 the following conditions are met:
(1) The person is fourteen (14) or fifteen (15) years of age and holds a valid probationary motorized bicycle license issued after the person has passed the test provided for in Section 4511.521 of the Ohio Revised Code, or the person is sixteen (16) years of age or older and holds either a valid commercial driver's license issued under Chapter 4506 of the Ohio Revised Code, or a driver's license issued under Chapter 4507 of the Ohio Revised Code, or a valid motorized bicycle license issued after the person has passed the test provided for in Section 4511.521 of the Ohio Revised Code, except that if a person is sixteen (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 Section 4511.521 of the Ohio Revised Code;
(2) The motorized bicycle is equipped in accordance with the rules adopted under division (B) of Section 4511.521 of the Ohio Revised Code and is in proper working order;
(3) The person, if under eighteen (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 rear-view mirror.
(4) The person operates the motorized bicycle when practicable within three (3) 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 rear-view mirror required by division (a)(3) of this section shall conform to the rules adopted by the Ohio Director of Public Safety under division (B) of Section 4511.521 of the Ohio Revised Code.
(d) Whoever violates this section is guilty of a minor misdemeanor.
(ORC 4511.521) (Ord. 2083-84; Ord. 2120-03 § 1 (part); Ord. 0950-2008 § 1 (part).)

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