47-74 Amend 373.02 & new 37315 (j) & (k) - bikes w/ helper motor

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PLEASE SUBSTITUTE FOR COPY GIVEN WITH DOCKET ORDINANCE NO. 47~74 BY: Messrs. McBride, Sinagra, Usher, Brockman, Chinnock, Graber, Magnotto AN EMERGENCY ORDINANCE to amend Section 373.02 and to enact new paragraphs (j) and (k) of Section 373.15 of the Traffic Code of the Codified Ordinances of the City of Lakewood relating to the definition of a bicycle and the riding of bicycles fitted with a helper motor. WHEREAS, the State of Ohio has recently changed the definition of a bicycle to include such a vehicle fitted with a helper motor and our ordinance should be amended to conform to the Stake Code, and WHEREAS, the operation of bicycles fitted with a helper motor are a potential danger and risk both to riders and pedestrians, and WHEREAS, this ordinance constitutes an emergency measure providing for the immediate preservation of the public health, safety and welfare in that the riding of bicycles fitted with a helper motor should be regulated as quickly as possible; now, therefore, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LAKEWOOD, STATE OF OHIO: Section 1. That Section 373.02 of the Traffic Code of the Codified Ordinances of the City of Lakewood now reading as follows: 373.02 BICYCLE DEFINED Bicycle is hereby defined as a two-wheeled vehicle, propelled with human power, having a tandem arrangement of wheels and equipped with tires either of which is sixteen inches or over in diameter. be and the same is hereby amended to read as follows: 373.02 BICYCLE DEFINED Bicycle is hereby defined as a two-wheeled vehicle propelled by human power, having a tandem arrangement of wheels~ equipped with tires either of which is sixteen inches or ow~r in diameter; and includes any such vehicle fitted with a helper motor rated less than one brake horsepower transmitted by friction and not by gear or chain, which produces only ordinary pedaling speeds up to a maximum of 20 miles per hour. Section 2. That Section 373.15 of the Traffic Code of the Codified Ordinances of the City of Lakewood be supplemented by enacting new paragraphs (j) and (k) to read as follows: 373.15 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, subject to the following: (j) No person shall ride a bicycle fitted with a helper motor rated less than one brake horsepower transmitted by friction upon the public sidewalk. (k) No person under the age of 16 years shall ride a bicycle fitted with a helper motor .rated less than one brake horsepower transmitted by friction, upon a street or any public or private property used by the public for purposes of vehicular travel or parking.