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surface hazards, or if it otherwise is unsafe or impracticable to do so, including if the lane is too <br />narrow for the bicycle and an overtaking vehicle to travel safely side by side within the lane. <br />(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is hereby repealed and new Section 373.07 Riding Bicycle or Mobility Device on Right side of 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 operating 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 sheets or sidewalks or any other public or private property; <br />(2) Without exercising reasonable and ordinary control over such bicycle; <br />(3) Ina 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 />