49-07 Repeal & Replace Chpt 373 Bicycle Traffic (amended 1/19/10 95-09)

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ORDINANCE NO. 4%07 (Please substitute for 4%07, first reading 5/21/07, second reading 6/4/07.) AN ORDINANCE to take effect immediately provided it received the affirmative vote of at least five (5) elected members of Council, or otherwise to take effect and be in force after the earliest period allowed by law, repealing and replacing Chapter 373 of the Codified Ordinances to update the traffic laws regarding bicycle operation in the City of Lakewood in accordance with 126 I-I.B. 389 as enacted. WHEREAS, House Bill 389, enacted by the 126th Ohio General Assembly and effective September. 21, 2006, dramatically changes state traffic law with respect to the operation of bicy~ cles in Ohio; and WHEREAS, H.B. 389 served to amend Revised~ Code Section 4511.07, thereby prohibit- ing municipalities from enforcing bicycle-related traffic ordinances which are fundamentally in- consistent with the uniform rules of the road prescribed by the Revised Code; and WHEREAS, an updated traffic code in the City of Lakewood is therefore n~cessary to ensure compl/ance with state law while still ensuring the health, safety and ~velfare of the citi- zens of Lakewood; NOW, THEREFORE, be it ordained by the City 0f Lakewood, State of Ohio, that: Section 1 That Chapter 373 of the Codified Ordinances, currently reading as follows: 373.0i EFFECT OF REGULATIONS. These regulations (applicable to bicycles) shall apply whenever a bicycle is oper- ated upon any sidewalk or street or upon any path set' aside for the exclusive use of bicycles, subject to those exceptions stated herein. (Ord. 9-64, Passed 2-3-64.) 373.02 BICYCLE DEFINED. (a) For the purposes of this chapter, "bicycle" and "motorized bicycle" shall have the meaning provided in Section 301.04. (b) As used in this chapter, the term "bicycle" shall include "motorized bicy- cle'' m~less otherwise specifically excepted therefrom and except as to those pro- visions which by their nature can have no application to motorized bicycles. (Ord. 3-82. Passed 1-18-82.) 373.03 PARENT'S RESPONSIBILITY. The parents of any child and the guardian of any ward shall not authorize or knowingly permit any such child or ward to violate any of the provisions of this chapter. (Ord. 9-64. Passed 2-3-64.)