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ORDINANCE NO. BY: AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least two thirds of the members of Council, or otherwise to take effect at the earliest period allowed by law amending or repealing various sections of the Lakewood Codified Ordinances to allow for the regulation and distinction of e-bikes and scooters within the City of Lakewood. WHEREAS,; and WHEREAS,; and WHEREAS,pursuant to the Constitution of the State of Ohio and the Ohio Revised Code, municipalities have the power to enact laws that are for the health, safety, welfare, comfort and peace of the citizens of the municipality; and WHEREAS, as set forth in Section 2.12 of the Third Amended Charter of the City of Lakewood, this Council by a vote of at least two thirds of its members determines that this ordinance is an emergency measure and that it shall take effect immediately after it is approved by the Mayor, and that it is necessary for the immediate preservation of the public property, health, and safety and to provide for the usual daily operation of municipal departments, in that e-bikes and scooters are already present in Lakewood and should be regulated for vehicular and pedestrian safety; now,therefore, BE IT ORDAINED BY THE CITY OF LAKEWOOD, OHIO: Section 1. Section 301.04, Bicycle; Motorized Bicycle, of the Lakewood Codified Ordinances, currently reading as follows: 301.04 BICYCLE;MOTORIZED BICYCLE. (a) 'Bicycle"means every device, other than a device that is designed solely for use as a toy vehicle by a child,that is propelled solely by human power,upon which a person may ride,and that has two or more wheels,any of which is more than fourteen inches in diameter. (b) "Motorized bicycle"means any vehicle having either two tandem wheels or one wheel in the front and two wheels in the rear,that is capable of being pedaled and is equipped with a helper motor of not more than fifty cubic centimeters piston displacement which produces no more than one brake horsepower and is capable of propelling the vehicle at a speed of no greater than twenty miles per hour on a level surface. (c) "Toy vehicle"means any device that has wheels and is designed for play, except that"toy vehicle"does not include bicycles or motorized bicycles. "Toy vehicle"includes devices having all wheels that are less than fourteen inches in diameter, except as those devices may be otherwise provided for in the Codified Ordinances.