82-84 Amend sect 373.27 Traffic - motorcycles

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ORDINANCE NO. 82-84 BY:: Brown, Chinnock, Graham, McBride, Salmon, Wendling AN EMERGENCY ORDINANCE to amend Section 373.27 of the Traffic Code of the Codified Ordinances of the City of Lakewood relating to operation, equipment and license of motorized bicycles. WHEREAS, amended Substitute Senate Bill 169 was signed into law by the Governor on June 18, 1984, establishing additional regulations relating to the operation, equipment and licensing of motorized bicycles, and WHEREAS, the Ohio Constitution requires ordinances which are enacted as an exercise of the municipality's police powers to comply with general state laws, and WHEREAS, it is determined to be in the best interest of the City to adopt into the City's codified ordinances the new regulations and laws as adopt- ed in %he State Code regarding motorized bicycles (mopeds), and WHEREAS, this ordinance constitutes an emergency measure providing for the immediate preservation of the public health, safety and welfare and for the usual daily operation of a municipal department and for the further reason that there exists an imperative necessity to amend the Traffic Code to comply with current State law; now, therefore, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LAKEWOOD, STATE OF OHIO: Section 1. That Section 373.27 of the Traffic Code of the Codified Ordinances of the City of Lakewood, now reading as follows: 373.27 MOTORIZED BICYCLE OPERATION, EQUIPMENT AND LICENSE. No person shall operate a motorized bicycle upon a street highway or any public or private property used by the public for purposes of vehicular travel or parking, unless both of the following conditions are met: (a) The person is fourteen years of age or older and holds a valid operator's license issued under Ohio R.C. Chap- ter 4507 or a valid motorized bicycle license issued after the person has passed the test established by the Ohio Direc- tor of Highway Safety pursuant to Ohio R.C. 4511.521; (b) The motorized bicycle is equipped in accordance with the rules adopted by the Ohio Director of Highway Safety under Ohio R.C. 4511.521 and is in proper working order. shall be and the same is hereby amended to read as follows: 373.27 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 4507 (Driver's License Law) or Ohio R.C. 4511.521; (2) The motorized bicycle is equipped in accordance with the rules adopted by the Ohio Director of Highway 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;