69-78 Amend 373.16 (e) Traffic - motorcycles & snowmobiles

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ORDINANCE NO. 69-78 BY: McBride, Wendling, Brockman, Brown, Magnotto AN EMERGENCY ORDINANCE amending Paragraph' (e) of SectiOn 373.16 of the Traffic Code of the Codified Ordinances of the City.of Lakewood relating to the operation of motorcycles and snowmobiles. .WHEREAS, on March 14, 1978 the Ohio General Assembly adopted Amended House Bill No. 115 which, effective July 10, 1978, became law without the Governor's signature, and WHEREAS, Amended House Bill No. 115 eliminated the requirement that operators and passengers of motorcycles and snowmobiles wear a protective helmet at all times and prOvided the wearing of helmets only under certain conditions, and WHEREAS, it is desirable and necessary that our Ordinances conform to the state law so that same may be enforced locally, and WHEREAS, this ordinance constitutes an emergency measure providing for the immediate preservation of the public health, safety and welfare and the usual daily operation of a municipal department; now, therefore, OHIO: BE IT ORDAINED BY THE COUNCIL OF 'THE CITY OF LAKEWOOD, STATE OF Section 1. That Paragraph (e) Of Section 373.16 of the Traffic Code of the Codified Ordinances of the ~ity of Lakewood now reading as follows: 373.16' RIDING UPON SEATS; HANDLE BARS; HELMETS AND GLASSES. (e) No person shall operate a snowmobile, or a motorcycle on a highway, or be a passenger on. a snowmobile or a motorcycle, unless wearing a protective helmet on his head, with the chin strap properly fastened, and using safety glasses or other protective eye device. Such helmet, safety glasses or other protective eye device shall conform with regulations prescribed and promulgated by the Ohio Director of Highway Safety. The provisions of this subsection or a violation thereof shall not be used in the trial of any civil action. be and the same is hereby amended to read as follows: 373.16 RIDING UPON SEATS; HANDLE BARS; HELMETS AND GLASSES. (e) 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 a "novice" designation that is currently in effect as provided in Section 4507.13 of the Ohio Revised Code, shall operate a motorcycle Qn a highway, or be a passenger on a motorcycle, unless wearing a protective helmet on his 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 Director of Highway Safety. The provisions Of this subsection or a violation thereof shall not be used in the trial of any civil action.