Bay Village, Ohio Bicycle Laws

 

By Kenneth J Knabe- Greater Cleveland’s Bicycle Accident & Safety Attorney representing fellow cyclists injured by unsafe drivers. 14222 Madison Avenue, Lakewood, Ohio 44107. Phone: 216 228 7200; knabe@brownandszaller.com; www.brownandszaller.com. Attorney Knabe is a fellow cyclist, local bike club member and supporter, personal injury trial lawyer and corporate sponsor and co-author of the “Bikes and the Law” section for Bikecleveland.org.

As a fellow cyclist it is important to know the “rules of the road.” Bay Village,  Ohio’s city ordinances pertaining to bicycles are set forth below. Knowledge of your local bike laws empowers you to ride safer!

Bay Village Code of Ordinances

CHAPTER 377
Bicycles

377.01   Code application to bicycles.

377.02   Definitions.

377.03   Parent’s responsibility.

377.04   Obedience to traffic control devices.

377.05   Riding bicycle on right side of roadway; obedience to traffic rules.

377.06   Riding on sidewalks.

377.07   Riding upon seats; handlebars.

377.08   Emerging from alley or driveway.

377.09   Attaching bicycle or sled to  vehicle.

377.10   Riding bicycles abreast.

377.11   Light and reflector; brakes.

337.02   Lighted lights; measurement of distances and heights.

377.12   Signal device on bicycle.

377.13   Impounding of bicycles.

377.14   Reckless operation; control, course and speed.

377.15   Parking of bicycles.

377.99   Penalty.

 

377.01 CODE APPLICATION TO BICYCLES.

These regulations are applicable to bicycles whenever a bicycle is operated upon any sidewalk or street, subject to those exceptions stated herein.

(a)    Every person riding a bicycle upon a street shall be granted all of the rights and shall be subject to all duties applicable to the driver of a vehicle. Every person riding a bicycle upon a sidewalk shall be granted all of the rights and shall be subject to all of the duties applicable to a pedestrian.

(b)    Except as provided in subsection (c) of this section, a bicycle operator who violates any section of this Code described in subsection (d) of this section that is applicable to bicycles may be issued a ticket, citation or summons by a law enforcement officer for the violation in the same manner as the operator of a motor vehicle would be cited for the same violation. A person who commits any such violation while operating a bicycle shall not have any points assessed against the person’s driver’s license, commercial driver’s license, temporary instruction permit or probationary license under Ohio R.C. 4510.036.

(c)    Subsection (b) of this section does not apply to violations of Section 333.01 of this Traffic Code. (ORC 4511.52)

(d)    The provisions of this Traffic Code shall apply to bicycles except those provisions, which by their nature are not applicable.
(Ord. 14-11.  Passed 3-3-14.)

 

 377.02 DEFINITIONS.

As used in this chapter, certain words are defined as follows:

(a)    “Bicycle” has the same meaning as defined in Section 301.04(a) of this Traffic Code.

(b)    “Bicyclist” means a person utilizing a bicycle.

(Ord. 14-11.  Passed 3-3-14.)

 

377.03 PARENT’S RESPONSIBILITY.

The parent and/or guardian of any child, under the age of 18, or of any ward shall not authorize or knowingly permit any such child or ward to violate any of the provisions of this chapter.  (Ord. 14-11.  Passed 3-3-14.)

 

377.04 OBEDIENCE TO TRAFFIC CONTROL DEVICES.

(a)    Any person operating a bicycle shall obey the instructions of official traffic control signals, signs and other traffic control devices applicable to vehicles, unless otherwise directed by a police officer or unless the traffic signals are otherwise malfunctioning, including the failure of a vehicle detector to detect the vehicle. In the case of a malfunctioning light, operator must:

(1)    Stop at a clearly marked stop lines, but if none, stop before entering the crosswalk on the near side of the intersection, or, if none, stop before entering the intersection;

(2)    Yield the right-of-way to all vehicles in the intersection or approaching on an intersecting road, if the vehicles will constitute an immediate hazard during the time the driver is moving across or within the intersection or junction of roadways; and

(3)    Exercise ordinary care while proceeding through the intersection.

(b)    Whenever authorized signs are erected that no right, left or “U” turns are permitted, no person operating a bicycle shall disobey the direction of any such sign, except where such person dismounts from the bicycle to make any such turn, in which event such person shall then obey the regulations applicable to pedestrians. (Ord. 14-11.  Passed 3-3-14.)

 

377.05 RIDING BICYCLE ON RIGHT SIDE OF ROADWAY; OBEDIENCE TO TRAFFIC RULES.

It shall be legal to ride a bicycle upon a street or public way, subject to the following:

(a)   Every person operating a bicycle upon a roadway shall ride as near to the right side of the roadway as practicable obeying all traffic rules applicable to vehicles and exercising due care when passing a standing vehicle or one proceeding in the same direction.

(b)   This section does not require a person operating a bicycle to ride at the edge of the roadway when it is unreasonable or unsafe to do so.  Conditions that may require riding away from the edge of the roadway include when necessary to avoid fixed or moving objects, parked or moving vehicles, surface hazards, or if it is otherwise unsafe or impracticable to do so, including if the lane is too narrow for the bicycle and an overtaking vehicle to travel safely side by side within the lane.

(c)   A person riding a bicycle upon a street shall yield the right of way to any pedestrian.

(d)   When a bicycle is operated on the roadway, the operator shall give hand signals to other vehicle operators in the vicinity before turning or changing lanes.  Such signals shall conform with the motor vehicle laws of Ohio.  The signal shall be made not less than one time but is not required to be continuous.  A bicycle operator is not required to make a signal if the bicycle is in a designated turn lane, and a signal shall not be given when the operator’s hands are needed for the safe operation of the bicycle.
(Ord. 15-82.  Passed 12-14-15.)

 

377.06 RIDING ON SIDEWALKS.

It shall be legal to ride a bicycle upon a sidewalk or public way, or upon any path set aside for the exclusive use of bicycles, subject to the following:

(a)    Except as provided in section (b) below, it shall be legal to operate a bicycle upon a sidewalk when sidewalks are available and not congested with pedestrian traffic. If the sidewalk is congested with pedestrian traffic, any bicycle operator using the sidewalk shall walk the bicycle.

(b)    No person shall ride a bicycle upon a sidewalk along which signs have been erected by authority of the Mayor or Director of Public Safety prohibiting such bicycle riding.

(c)    A person propelling a bicycle upon and along a sidewalk, or across a roadway upon and along a crosswalk, shall yield the right of way to any pedestrian and shall give an audible signal before overtaking and passing such pedestrian. This audible signal may be given by the voice or by a bell or other warning device capable of giving an audible signal and shall be given at a distance and in such a manner as not to startle a person being overtaken and passed.

(d)    A person operating a bicycle upon a sidewalk, before overtaking and passing a blind person carrying a white cane or guided by a dog, shall dismount and overtake or pass on foot, if necessary for safety.

(e)    A person shall not operate a bicycle from a sidewalk so as to suddenly leave a curb or other place of safety and move into the path of a vehicle that is so close as to constitute an immediate hazard.

(f)    No person shall operate a bicycle on a sidewalk at a speed greater than an ordinary walk when approaching or entering a crosswalk or approaching or crossing a driveway if a vehicle is approaching the crosswalk or driveway.

(Ord. 14-11.  Passed 3-3-14.)

 

377.07 RIDING UPON SEATS; HANDLEBARS.

(a)    A person operating a bicycle shall not ride other than astride the permanent and regular seat attached thereto, or carry any other person upon such bicycle other than upon a firmly attached and regular seat thereon, and no person shall ride upon a bicycle other than upon such a firmly attached and regular seat.

(b)    No bicycle shall be used to carry more persons at one time than the number for which it is designed and equipped.

(c)    The provisions of parts (a) and (b) above shall not be construed as prohibiting the carrying of a child in a seat or trailer designed for carrying children and firmly attached to the bicycle.

(d)    Every person operating a bicycle shall maintain at least one (1) hand on the handle bars at all times and no person operating a bicycle shall carry any package, bundle or article that prevents the driver from keeping at least one (1) hand upon the handle bars.

(Ord. 14-11.  Passed 3-3-14.)

 

377.08 EMERGING FROM ALLEY OR DRIVEWAY.

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

(Ord. 14-11.  Passed 3-3-14.)

 

377.09 ATTACHING BICYCLE OR SLED TO VEHICLE.

(a)    No person riding upon any, bicycle, coaster, scooter, roller skates, sled or toy vehicle shall attach the same or self to any vehicle upon a roadway.

(b)    No operator shall knowingly permit any person riding upon any bicycle, coaster, scooter, roller skates, sled or toy vehicle to attach the same or self to any vehicle while it is moving upon a roadway. This section does not apply to the towing of a disabled vehicle, nor to the towing of a trailer designed for this purpose.

(Ord. 14-11.  Passed 3-3-14.)

 

377.10 RIDING BICYCLES ABREAST.

Persons riding bicycles upon a roadway shall not ride more than two (2) abreast in a single lane, however, persons riding on Lake Road shall ride single file only.

(Ord. 14-11.  Passed 3-3-14.)

 

377.11 LIGHTS AND REFLECTOR; BRAKES.

(a)    Every bicycle when in use at the times specified in Section 4513.03 of the Ohio Revised Code shall be equipped with the following:

(1)   A lamp mounted on the front of either the bicycle or the operator that shall emit a white light visible from a distance of at least five hundred (500) feet to the front and three hundred (300) feet to the sides. A generator powered lamp, which emits light only when the bicycle is moving, may be used to meet this requirement;

(2)    A red reflector on the rear of a type that shall be visible from all distances from 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; and

(3)    A light 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 light performs as a reflector such that it is visible as specified in subsection (2) above, it shall satisfy the requirement for a reflector.

(b)   Additional lights and reflectors may be used in addition to those required under part (a) above except that red lights and reflectors shall not be used on the front of the bicycle nor shall white or colorless lights or reflectors be used on the rear of the bicycle.

(c)    Every bicycle shall be equipped with an adequate brake when used on a street, sidewalk or highway.  (Ord. 14-11.  Passed 3-3-14.)

 

337.02 LIGHTED LIGHTS; MEASUREMENT OF DISTANCES AND HEIGHTS.

(a)   Every vehicle, other than a motorized bicycle, operated upon a street or highway shall display lighted lights and illuminating devices as required by this chapter during all of the following times:

(1)   The time from sunset to sunrise;

(2)   At any other time when, due to insufficient natural light or unfavorable atmospheric conditions, persons, vehicles, and substantial objects on the street or highway are not discernible at a distance of one thousand feet ahead;

(3)   At any time when the windshield wipers of the vehicle are in use because of precipitation on the windshield.

Every motorized bicycle shall display at such times lighted lights meeting the rules adopted by the Ohio Director of Public Safety under Ohio R.C. 4511.521.  No motor vehicle, during any time specified in this section, shall be operated upon a street or highway using only parking lights as illumination.

(b)   Whenever in this chapter a requirement is declared as to the distance from which certain lights and devices shall render objects visible, or within which such lights or devices shall be visible, such distance shall be measured upon a straight level unlighted street under normal atmospheric conditions unless a different condition is expressly stated.

(c)   Whenever in this chapter a requirement is declared as to the mounted height of lights or devices, it shall mean from the center of such light or device to the level ground upon which the vehicle stands.

(d)   Notwithstanding any provision of law to the contrary, no law enforcement officer shall cause the operator of a vehicle being operated upon a street or highway to stop the vehicle solely because the officer observes that a violation of subsection (a)(3) of this section has been or is being committed or for the sole purpose of issuing a ticket, citation or summons for a violation of that subsection, or causing the arrest of or commencing a prosecution of a person for a violation of that subsection.

(e)   Whoever violates this section is guilty of a minor misdemeanor.

 

377.12 SIGNAL DEVICE ON BICYCLE.

A bicycle may be equipped with a device capable of giving audible, signal, except that a bicycle shall not be equipped with nor shall any person use upon a bicycle any siren or whistle.  (Ord. 14-11.  Passed 3-3-14.)

 

377.13 IMPOUNDING OF BICYCLES.

(a)    Whenever any person operates a bicycle in violation of any section of this Traffic Code, the bicycle may be seized by any member of the Police Department and the Chief of Police shall have the authority to impound any bicycle at the police station. An impounded bicycle shall not be released to a minor.

(b)    When any bicycle has been seized and so impounded, notice shall be made forthwith by the officer in charge to the owner of the bicycle or, in the event the person is a minor under the age of eighteen years, such notice shall be made to the parent or guardian of the licensee of the bicycle. The notice shall contain a full explanation of the reason for seizing and impounding the bicycle.

(c)    Any bicycle impounded under the provisions of this Traffic Code shall be surrendered to the owner or to the parents or guardian of any minor upon showing sufficient proof of ownership of the bicycle, but nothing herein shall relieve the offender of any penalty that may be imposed under the general penalty section of this chapter.

(d)    It shall be the duty of the police officer or the person in charge of records to keep in an appropriate book or file the names and addresses of all owners of bicycles impounded, the name and address of the violator if he is not the owner, the license number and the serial number of the bicycle, together with the nature and circumstances of each violation, as well as the disposition of each case.  (Ord. 14-11.  Passed 3-3-14.)

 

377.14 RECKLESS OPERATION; CONTROL, COURSE AND SPEED.

(a)    No person shall operate a bicycle:

(1)   Without due regard for the safety and rights of pedestrians, drivers and occupants of all other vehicles, and so as to endanger the life, limb, or property of any person while in the lawful use of the streets or sidewalks or any other public or private property;

(2)    Without exercising reasonable and ordinary control over such bicycle;

(3)    In a weaving or zigzag course unless such irregular course is necessary for the safe operation in compliance with law;

(4)    While wearing more than one earphone attached to a radio, tape player, MP3 player, mobile telephone or other audio device; and

(5)    While using a handheld electronic communications device to write, send or read text-based communications.

(Ord. 14-11.  Passed 3-3-14.)

 

377.15 PARKING OF BICYCLE.

(a)    A bicycle shall be parked in a designated bicycle parking area when provided. No person shall park a bicycle upon a sidewalk in such a manner so as to unduly interfere with pedestrian traffic, or upon a roadway so as to unduly interfere with vehicular traffic.

(b)    When a designated parking area is not provided, bicycles shall be parked in such a manner as not to interfere with building entrances.

(Ord. 14-11.  Passed 3-3-14.)

 

377.99 PENALTY.

(a)    Whoever violates any provision of Sections 377.01 to 377.15, inclusive is guilty of a minor misdemeanor on a first offense; on a second offense within one year after the first offense, the person is guilty of a misdemeanor of the fourth degree, on each subsequent offense within one year of the first offense, the person is guilty of a misdemeanor of the third degree, and shall be punished as provided in Section 303.99(b), and the court may prohibit such violator from riding a bicycle for a period not to exceed six months. Whoever violates any provision of this chapter may be punished by having his bicycle impounded for a period not exceeding thirty days.

(b)    Except as provided in subsection (c) of Section 377.01, in the case of a violation of any section of this Traffic Code described in subsection (d) of Section 377.01 by a bicycle operator or by a motor vehicle operator when the trier of fact finds that the violation by the motor vehicle operator or the bicycle operator endangered the lives of bicycle riders at the time of the violation, the court, notwithstanding any provision of this Traffic Code to the contrary, may require the bicycle operator or motor vehicle operator to take and successfully complete a bicycling skills course approved by the court in addition to or in lieu of any penalty otherwise prescribed by the Traffic Code for that violation.

(Ord. 14-11.  Passed 3-3-14.)

 

 

Source: http://www.cityofbayvillage.com/city-government/city-council/ordinances.aspx

Bay Village Police contact information:

28000 Wolf Rd
Bay Village, OH 44140
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