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(c) Except as otherwise provided in this subsection, whoever violates this section is guilty of a <br /> minor misdemeanor. If,within one year of the offense,the offender previously has been convicted <br /> of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section <br /> is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender <br /> previously has been convicted of two or more predicate motor vehicle or traffic offenses,whoever <br /> violates this section is guilty of a misdemeanor of the third degree. <br /> is hereby repealed and new Section 373.07 Riding Bicycle or Mobility Device on Right side of <br /> Roadway; Obedience to Traffic Rules; Passing, is hereby enacted to read as follows: <br /> 373.07 RIDING BICYCLE OR MOBILITY DEVICE ON RIGHT SIDE OF ROADWAY; <br /> OBEDIENCE TO TRAFFIC RULES;PASSING. <br /> (a) Every person operating a bicycle or mobility device upon a roadway shall ride as near to the <br /> right side of the roadway as practicable obeying all traffic rules applicable to vehicles and exercising <br /> due care when passing a standing vehicle or one proceeding in the same direction. <br /> (b) This section does not require a person operating a bicycle or mobility device to ride at the <br /> edge of the roadway when it is unreasonable or unsafe to do so. Conditions that may require riding <br /> away from the edge of the roadway include when necessary to avoid fixed or moving objects,parked <br /> or moving vehicles,surface hazards,or if it otherwise is unsafe or impracticable to do so,including <br /> if the lane is too narrow for the bicycle or mobility device and an overtaking vehicle to travel safely <br /> side by side within the lane. <br /> (c) No person operatiniz a mobility device should do so on any streets with a speed limit over <br /> 35mph unless in a dedicated bike lane or shared use path. <br /> (d) Except as otherwise provided in this subsection, whoever violates this section is guilty of a <br /> minor misdemeanor. If,within one year of the offense,the offender previously has been convicted <br /> of or pleaded guilty to one predicate motor vehicle or traffic offense,whoever violates this section <br /> is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender <br /> previously has been convicted of two or more predicate motor vehicle or traffic offenses,whoever <br /> violates this section is guilty of a misdemeanor of the third degree. <br /> Section 12. Section 373.08 Reckless Operation; Control, Course and Speed, of the <br /> Lakewood Codified Ordinances, currently reading as follows: <br /> 373.08 RECKLESS OPERATION; CONTROL,COURSE AND SPEED. <br /> (a) No person shall operate a bicycle: <br /> (1) Without due regard for the safety and rights of pedestrians and drivers and occupants of <br /> all other vehicles,and so as to endanger the life,limb or property of any person while in the lawful <br /> use of the streets or sidewalks or any other public or private property; <br /> (2) Without exercising reasonable and ordinary control over such bicycle; <br /> (3) In a weaving or zigzag course unless such irregular course is necessary for safe operation <br /> in compliance with law; <br /> (4) Without both hands upon the handle grips except when necessary to give the required <br /> hand and arm signals,or as provided in Section 373.02(d); <br /> (5) At a speed greater than is reasonable and prudent under the conditions then existing. <br /> (b) Whoever violates this section is guilty of a minor misdemeanor on a first offense; on a <br /> second offense within one year after the first offense,the person is guilty of a misdemeanor of the <br /> fourth degree;on each subsequent offense within one year after the first offense,the person is guilty <br /> of a misdemeanor of the third degree. <br /> is hereby repealed and new Section 373.08 Reckless Operation; Control, Course and Speed, is <br /> hereby enacted to read as follows: <br /> 9 <br />