37-17 Amend Traffic Code to Align with ORC

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for of Public Safety. The provisions of this subsection or a violation thereof shall not be used in the trial of any civil action. (i) (1) Except as provided in subsection 0)(3) of this sec - don no person shall operate a motorcycle with a valid temporary per- mit and temporary instruction permit identification card issued by the Ohio Registrar of Motor Vehicles pursuant to Ohio R.C. 4507.05 un- less the person, at the time of such operation, is wearing on the person's head a protective helmet that conforms with rules adopted by the Direc- tor. (2) No person shall operate a motorcycle with a valid temporary instruction permit and temporary instruction permit identification card issued by the Registrar pursuant to Ohio R.C. 4507.05 in any of the fol- lowing circumstances: A. At any time when lighted lights are required by Section 337.02(a)(1); B. While carrying a passenger; C. On any limited access highway. (3) Subsections (h) and (i)(1) of this section do not apply to a per- son who operates or is a passenger in a cab - enclosed motorc cle when the occupant compartment to is in place enclosing the occupants Q) Nothing in this section shall be construed as prohibiting the carrying of a child in a seat or trailer that is designed for carrying chil- dren and is firmly attached to the bicycle, (k) Except as otherwise provided in this subsection, whoever vio- lates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever vio- lates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been con- victed of two or more predicate motor vehicle or traffic offenses, who- ever violates this section is guilty of a misdemeanor of the third degree, (ORC 4511.53) SECTION 23. Section 331.52, Vehicular Operation on Street Closed Due to Rise in Water Level, shall be hereby enacted as follows: 331.52 VEHICULAR OPERATION ON STREET CLOSED DUE TO RISE IN WATER LEVEL. (a) No Person shall operate a vehicle on or onto a publi c street or highway that is temporarily covered by a rise in water level, including groundwater or an overflow of water, and that is clearly marked by a sign that specifes that the road is closed due to the rise in water level and that any person who uses the closed portion of the road may be feed W to two thousand dollars ($2,000). (b) A Person who is issued a citation for a violation of subsection (a) hereof is not permitted to enter a written plea of guilty and waive the person's right to contest the citation in court, but instead must appear in person in the proper court to answer the charge. (c)(1) Whoever violates subsection (a) hereof is guilty of a minor misdemeanor, (2) In addition to the financial sanctions authorized or required under Section 501.99 and to any costs otherwise authorized or required under any provision of law, the coma imposing the sentence upon an of- fender who is convicted of or pleads guilty to a violation of subsection