On the agenda: Sunbury meeting — flock camera (Aug 19)

1. City Council Agenda - August 19, 2026
Documents:
2026.08.19 COUNCIL AGENDA.PDF
2. City Council Minutes 8.5.2026
Documents:
2026.08.05 COUNCIL MINUTES.DOCX
3. RES NO. 2026.20
Documents:
RES NO. 2026.20 - LWCI ASSESSMENTS .PDF
4. RES NO. 2026.21
Documents:
RES NO. 2026.21 AGREEMENT VSC.PDF
RES NO. 2026.21 EXHIBIT AGREEMENT VCS REDLINE.PDF
5. ORD NO. 2026.21 ADMIN
Documents:
ORD NO. 2026.21 ADMINISTRATOR D. P. HENNESSY.PDF
ORD NO. 2026.21 - EXHIBIT A - EMPLOYMENT AGREEMENT.PDF
6. ORD NO. 2026.22
Documents:
ORD NO. 2026.22 MAJOR COMMERCIAL SITE PLAN 37 E. GRANVILLE
STREET.PDF
ORD NO. 2026.22 EXHIBIT.PDF
7. ORD NO. 2026.23
Documents:
ORD NO. 2026.23 E-BIKES LEGISLATION WITH HELMETS.PDF
ORD NO. 2026.23 - EXHIBIT A - E-BIKES WITH HELMETS NOT
SCOOTERS.PDF
ORD NO. 2026.23 ADDING ELECTRIC PERSONAL ASSISTIVE MOBILITY
DEVICES TO CODIFIED ORDINANCES.PDF
ORD NO. 2026.23 - FAQ 08.04.2026.PDF
8. ORD NO. 2026.24 ODNR Renewal Agreement
Documents:
ORD NO. 2026.24 ODNR RENEWAL AGREEMENT .PDF

8. ORD NO. 2026.24 ODNR Renewal Agreement
Documents:
ORD NO. 2026.24 ODNR RENEWAL AGREEMENT .PDF

AGENDA OF BUSINESS
REGULAR MEETING OF COUNCIL
Meeting Location:
Sunbury Town Hall
51 E. Cherry Street, 3rd Floor, Sunbury, Ohio 43074
August 19, 2026 at 7:30 P.M.
SILENT PRAYER & PLEDGE OF ALLEGIANCE
ROLL CALL: Mr. Damin Cappel, Mrs. Cindi Cooper, Ms. Nancy Crawford, Mr. Tim Gose, Mr. John
Grumney, Mr. Marc Long, and Mr. Joseph St. John.
MINUTES:


August 5, 2026, Meeting Minutes

VISITORS


Bernie Kooi, Eastern Delaware County Joint Recreation District

COMMITTEE REPORTS
CITY MANAGER’S REPORT
RESOLUTIONS
Third Readings
Second Readings
RESOLUTION NO. 2026.20
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO SUBMIT
ASSESSMENT CERTIFICATES TO THE DELAWARE COUNTY AUDITOR
RESOLUTION NO. 2026.21
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
INTERGOVERNMENTAL AGREEMENT WITH THE DELAWARE COUNTY
VETERANS SERVICE COMMISSION
First Readings
RESOLUTION NO. 2026.22
A
RESOLUTION
APPROVING
AMERICAN
STRUCTUREPOINT
PROFESSIONAL SERVICES RELATING TO A COLUMBUS STREET STUDY

FOR

ORDINANCES
Third Readings
ORDINANCE NO. 2026.21
AN ORDINANCE EXTENDING THE EXISTING EMPLOYMENT AGREEMENT OF
DARYL P. HENNESSY AS CITY MANAGER FOR TWO YEARS AND AUTHORIZING
THE MAYOR TO EXECUTE ANY REQUIRED DOCUMENTS.

AGENDA OF BUSINESS
REGULAR MEETING OF COUNCIL
Meeting Location:
Sunbury Town Hall
51 E. Cherry Street, 3rd Floor, Sunbury, Ohio 43074
August 19, 2026 at 7:30 P.M.
ORDINANCE NO. 2026.22
AN ORDINANCE APPROVING THE MAJOR COMMERCIAL AND INDUSTRIAL
SITE PLAN APPLICATION OF TRIDENT HOLDING COMPANY LLC FOR THE
CONSTRUCTION OF A NEW MIXED USE COMMERCIAL BUILDING AT 37 E.
GRANVILLE STREET, SUNBURY, OHIO.
ORDINANCE NO. 2026.23
AN ORDINANCE ADDING ELECTRIC PERSONAL ASSISTIVE MOBILITY
DEVICES AND LOW SPEED MICROMOBILITY DEVICES TO THE CODIFIED
ORDINANCES OF THE CITY OF SUNBURY, OHIO.
Second Readings
ORDINANCE NO. 2026.24
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A RENEWAL
AGREEMENT WITH THE OHIO DEPARTMENT OF NATURAL RESOURCES
DIVISION OF WILDLIFE FOR PROVISION OF A FISHERIES MANAGEMENT
PROGRAM AT THE CITYOF SUNBURY UPGROUND RESERVOIRS
First Readings
ORDINANCE NO. 2026.25
AN ORDINANCE REPEALING CHAPTER 139 OF THE SUNBURY CODIFIED
ORDINANCES AND ADOPTING A NEW EMPLOYEE HANDBOOK CONTAINING
ALL POLICIES, PROCEDURES, AND EMPLOYMENT GUIDELINES
NEW / UNFINISHED BUSINESS
-

Treat or Trick in Sunbury

ADJOURNMENT


Special Meeting on Data Centers – August 27, 2026, at 6:30 pm at Big Walnut High School,
713 N. Miller Drive, Sunbury, Ohio



Regular Meeting – September 2, 2026, at 7:30 pm

City of Sunbury
Regular Council Minutes
August 5, 2026
Mayor Joseph St. John opened the Sunbury City Council (“Council”) meeting at 7:30 p.m., August 5,
2026, with a moment of silent prayer and then the Pledge of Allegiance.
ROLL CALL
Those answering roll call: Damin Cappel, Nancy Crawford, Marc Long, Tim Gose, Cindi Cooper, Marc
Long, John Grumney, and Mayor Joseph St. John. Other staff in attendance included City Manager Daryl
Hennessy, Legal Counsel David Brehm, Deputy Police Chief Shawn Wade, and Clerk of Council Mindy
Groves..
MINUTES
Motion by Gose and seconded by Grumney to approve July 15, 2026, regular meeting minutes. Upon
roll, 7 yeas; the minutes were approved.
VISITORS
Gillian & Cindi from Big Walnut Civic Assoc. presented an update on the upcoming Sunbury Sizzle.
The event will take place on August 22 from 11:00 a.m. to 11:00 p.m. and emphasize the continued need
for volunteers. She noted that road closures will remain the same as last year, with closures beginning on
August 21 for the Kids Zone, food truck area, and beer garden.
This year's entertainment will feature The Prince Experience as the headlining band, with North to
Nashville performing beforehand. Music will begin at noon and continue through the event, while the
beer garden will open from 2:00 p.m. to 11:00 p.m., with last call at 10:30 p.m. She stated that police and
fire officials had completed their safety review and reported no concerns.
She highlighted a shuttle change for this year's event, including new stop and expanded shuttle service
through Delaware County Transit, which provides two additional free shuttles from 5:00 p.m. to 11:00
p.m. A new security company has been hired and will work closely with local law enforcement. Due to
volunteer shortages, the organization has contracted a trash collection company to service the event and
provide an additional 20-yard dumpster that will also serve as a safety barrier.
They hope to make the Kids Zone free for all attendees by eliminating admission fees and reducing cash
handling and payment system needs. To accomplish this, the organization is seeking $25,000 in
sponsorships and has raised approximately $8,200 to date. She announced upcoming fundraising
partnerships with Jet's Pizza on August 13 and Jersey Mike's on August 18, with portions of sales
benefiting the Kids Zone.
Gillian stressed that volunteer recruitment remains the organization's greatest challenge. She reported
that no volunteers had signed up to supervise the bounce houses, meaning those attractions may be
canceled if staffing needs are not met. The event budget is approximately $120,000, excluding public
safety costs, and encouraged residents and community groups to volunteer and help promote the event.
Warren Owen addressed Council regarding two matters of concern. First, he referenced flock cameras
that had previously been discussed publicly, noting that although he did not have any new information to
present, recent news coverage had heightened public interest. He encouraged residents to research the
matter, attend the next Council meeting, and share their opinions so their comments would become part
of the public record. Mr. Owen also followed up on his previous request regarding no-parking signs on
Pheasant Run Bridge along Cherry Street, which had been raised in June. He stated that he had not
received an update and reiterated his concern about vehicles parking along the north side of the bridge
between Sunset Avenue and the church and cemetery parking lot, creating potential safety hazards. After
Council indicated there had been no follow-up and that the roadway's jurisdiction may limit available
options.

City of Sunbury
Regular Council Minutes
August 5, 2026
Mr. Bennett thanked everyone who contributed to the recent mulching projects around the town square
and along Granville Street. He recognized Jake and his crew, the volunteers, Council, and everyone else
involved, stating that the improvements made a noticeable difference in the community. He also
commended the City crews for the recent brick maintenance on Granville Street, noting that the work
appeared to be completed more efficiently and, he hoped, at a lower cost than previous repair efforts.
Mr. Bennett then revisited his ongoing concern about large trucks traveling on Granville Street despite
posted no-truck signs. He reported that he and a local business owner had observed and photographed at
least one unauthorized truck each day, including fully loaded semi-trucks and gravel trucks. He expressed
concern about the damage these heavy vehicles could cause to the brick roadway and asked whether
additional enforcement measures, such as traffic cameras or other deterrents, could be considered to
prevent trucks from ignoring the existing restrictions
Jami Kirkendall, thanked Council for considering her request regarding the use of mobility scooters for
individuals with disabilities and for addressing her related safety concerns. She shared her appreciation
for the City of Sunbury, describing it as a welcoming and close-knit community. She said she values the
strong relationships among neighbors and the friendly atmosphere throughout the city. Also expressed
concern about the proposed data center being discussed in the neighboring township. She thanked City
officials for listening to residents and allowing public input on important community issues. While
acknowledging the importance of attracting businesses and economic opportunities, she urged the City to
carefully evaluate future development proposals.
COMMITTEE REPORTS
Mr. Cappel reported on the Public Services Committee meeting held prior to the Council meeting. He
welcomed the City's new engineering team member, Adam Teach. The committee also reviewed
preliminary graphic design concepts for updated welcome signs presented by Mr. Hennessy. No decisions
have been made regarding costs or implementation. The proposed designs were worth reviewing. He
provided several construction updates, beginning with the Cheshire Road realignment project. Mr. Cappel
stated that the new right-turn-only lane at the former Cheshire Road intersection is expected to open by
Friday, pending installation of the required stop signs. He acknowledged community concerns about
traffic impacts as the school year approaches and thanked staff for promptly responding to those
questions. Mr. Cappel also reported that the North Miller Drive Lane reconfiguration is tentatively
scheduled for Friday, weather permitting. South Vernon Street is scheduled for significant reconstruction
between September and November as part of the City's street improvement program. He added that
installation of the mountable curb at the Cherry and Morning Street intersection is planned for October.
He also announced that the City had been awarded a $1 million grant from the ODOT to support the
State Route 37 widening project, providing significant funding for that initiative.
Mrs. Cooper reported on the recent Events Committee and Parks and Recreation Committee meetings.
She noted that the committee discussed the Sunbury Sizzle and the American 250 Patriots Memorial but
did not provide additional details since both topics were addressed elsewhere on the meeting agenda.
Mrs. Cooper highlighted upcoming community events, including the Movie on the Square on August 7
featuring The Goat, the Second Saturday Sunset Market on August 8 and the annual Back-to-School
Prayer Night on the Square on August 9.
She also summarized discussion from the Parks and Recreation Committee meeting, encouraging
residents interested in trees and Old Orchard Park to watch the meeting presentation by the City Arborist.
The presentation focused on long-term revitalization of the park, including removing invasive species,
restoring the natural landscape, exploring the planting of apple trees, creating a natural play area, and

City of Sunbury
Regular Council Minutes
August 5, 2026
partnering with organizations such as the Delaware Soil and Water Conservation District. She noted that
many of the proposed improvements are collaborative efforts that can be accomplished with relatively
modest costs.
Mrs. Cooper also provided an update on the J.R. Smith Park project, stating that construction is
progressing well. She reported that additional funding has allowed the City to restore several amenities
that were previously removed because of budget constraints.
CITY MANAGER’S REPORT
Mr. Hennessy presented the City Manager's report, beginning with an update on the proposed charter
amendment related to data centers. He reported that the ordinance authorizing the City Clerk to certify the
proposed amendment prohibiting data centers in the City Charter had been submitted to the Delaware
County Board of Elections on July 21, ahead of the required deadline. Mr. Hennessy stated that he had
confirmed with the Board of Elections that all necessary materials had been received and that the proposed
ballot language is currently under review by the prosecutor's office. He noted that the City has completed
its responsibilities in the certification process and is now awaiting further action by the Board of Elections.
Mr. Hennessy announced that the City's second special meeting on data centers will be held on August 27
at 6:30 p.m. and will include presentations on land use and zoning best practices, and the potential economic
development impacts of the proposed project. He added that the meeting location is still being finalized.
He also provided a public safety reminder, noting an increase in vehicle break-ins throughout the
community. Mr. Hennessy encouraged residents to remove valuables from their vehicles, lock their cars,
and avoid leaving keys inside. Mr. Hennessy reported that the BST&G Fire District's planned ribboncutting ceremony has been postponed and will be rescheduled later.
In closing, Mr. Hennessy and Mr. Wade thanked the Fraternal Order of Eagles for its donation supporting
the creation of a commemorative shoulder patch honoring the 25th anniversary of the Ohio Fallen Officers
Memorial. He explained that the patch's design closely mirrors the memorial itself, with minor
modifications made to accommodate the patch format, and confirmed that it will be worn on officers'
uniforms.
RESOLUTIONS
RESOLUTION NO. 2026.20
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE
ASSESSMENT CERTIFICATES TO THE DELAWARE COUNTY AUDITOR
Council conducted the first reading.

TO

SUBMIT

RESOLUTION NO. 2026.21
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
INTERGOVERNMENTAL AGREEMENT WITH THE DELAWARE COUNTY VETERAN
SERVICE COMMISSION
Council conducted the first reading.
ORDINANCES
Third Reading
ORDINANCE NO. 2026.20
AN ORDINANCE ESTABLING A DESIGNATED OUTDOOR REFRESHMENT AREA WITHIN
THE CITY OF SUNBURY, OHIO PURSUANT TO THE OHIO REVISED CODE SECTION
4301.82

City of Sunbury
Regular Council Minutes
August 5, 2026
Discussion by Brehm, informed Council that an interested community member had asked whether the
ordinance could be adopted as an emergency measure to accelerate its implementation. He explained
that, during earlier readings, he had advised against doing so because he had not yet researched whether
the governing statute permitted emergency adoption. After reviewing the applicable law before the
meeting, Mr. Brehm determined that an emergency designation is permissible if Council chooses to
proceed.
Mr. Brehm emphasized that the decision was entirely within Council's discretion and explained that
adopting the ordinance as an emergency would require adding specific emergency language before final
passage. He stated that he had prepared the necessary language for Council's consideration because he
did not want to withhold information that could affect its decision, particularly since the issue had been
raised both by a member of the public and during prior Council discussions.
Mr. Brehm explained that, without an emergency clause, the ordinance would not take effect for 30 days,
delaying submission to the Ohio Department of Liquor Control for the required permitting process. He
noted that the purpose of the emergency designation would be to eliminate that waiting period and allow
the City to begin the state approval process sooner, although the timing of the liquor permit review would
remain outside the City's control. He also clarified that adopting the ordinance as an emergency would
not make the designated outdoor refreshment area operational immediately, as additional
steps—including obtaining state approval, ordering and installing signage, and coordinating participating
businesses through the Chamber of Commerce—would still need to be completed.
Mayor St John further observed that emergency legislation is used sparingly by the City, noting that this
would be only the second emergency ordinance considered in approximately five months. Mr. Brehm
then read the proposed emergency language into the record, explaining that it declared the ordinance
necessary for the immediate preservation of the public peace, health, safety, and welfare by allowing
prompt submission to the Ohio Department of Liquor Control, thereby expediting implementation and
enabling the City to realize anticipated economic and recreational benefits at the earliest possible date.
Motion approving Emergency ORDINANCE NO. 2026.20 Mayor St John, seconded by Mrs.
Crawford, upon roll approved 7-0.
Motion on ORDINANCE NO. 2026.20 Mayor St John, seconded by Mrs. Crawford, upon roll
approved 7-0
Second Readings

ORDINANCE NO. 2026.21
AN ORDINANCE EXTENDING THE EXISTING EMPLOYMENT AGREEMENT OF
DARYL P. HENNESSY AS CITY MANAGER FOR TWO YEARS AND AUTHORIZING
THE MAYOR TO EXECUTE ANY REQUIRED DOCUMENTS.
ORDINANCE NO. 2026.22
AN ORDINANCE APPROVING THE MAJOR COMMERCIAL AND INDUSTRIAL
SITE PLAN APPLICATION OF TRIDENT HOLDING COMPANY LLC FOR THE
CONSTRUCTION OF A NEW MIXED USE COMMERCIAL BUILDING AT 37 E.
GRANVILLE STREET, SUNBURY, OHIO.

City of Sunbury
Regular Council Minutes
August 5, 2026

ORDINANCE NO. 2026.23
AN ORDINANCE ADDING ELECTRIC PERSONAL ASSISTIVE MOBILITY
DEVICES AND LOW SPEED MICROMOBILITY DEVICES TO THE CODIFIED
ORDINANCES OF THE CITY OF SUNBURY, OHIO.
First Readings

ORDINANCE NO. 2026.24
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A
RENEWAL AGREEMENT WITH THE OHIO DEPARTMENT OF NATURAL
RESOURCES DIVISION OF WILDLIFE FOR PROVISION OF A FISHERIES
MANAGEMENT PROGRAM AT THE CITY OF SUNBURY UPGROUND
RESERVOIRS
NEW / UNFINISHED BUSINESS
Mayor St. John asked Mr. Hennessey to give brief description. Mr. Hennessey asked for approval.
Motion to approve consulting/technical assistance services MKSK by Mayor St John, seconded by
Grumney, 7-0 motion approved
Motion to approve consulting/technical assistance services with HGC Noise Vibration and Acoustics by
Mayor St. John, seconded by Grumney, 7-0 motion approved.
Other business Mayor St. John stated there will be a ceremony for the 25th anniversary of 9/11 on
September 12 at the Ohio Fallen Heros Memorial at 1pm
Motion to enter into executive session by Mayor St John, seconded by Cappel, 7-0 motion approved.
Motion to Return to Public Session by Mayor St. John, seconded by Mr. Cappel, approved 7-0
ADJOURNMENT
There being no further business for the Council, Mayor St. John moved to adjourn. The motion was
seconded by Cappel. Upon roll approved 7-0.

__________________________
Joseph St. John, Mayor
ATTEST:
________________________________
Mindy Groves, Clerk of Council

RESOLUTION NO. 2026.20
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO SUBMIT
ASSESSMENT CERTIFICATES TO THE DELAWARE COUNTY AUDITOR

WHEREAS, pursuant to two Petitions for Special Assessments and Affidavits filed by the
owners of 100% of the lots and lands to be assessed for an improvement to the City’s sanitary sewer
system, this Council passed Ordinance No. 2022.34 on August 3, 2022 levying special assessments
for the purpose of paying the costs of that improvement; and
WHEREAS, those Petitions provided a schedule of assessments based on the anticipated
build-out of the lot and lands described in the Petitions; and
WHEREAS, pursuant to those Petitions, the Director of Finance has identified certain
parcels (which were originally described in the Petitions) in respect of which the related
assessments should be certified to the Delaware County Auditor for collection commencing in
calendar year 2027;
NOW, THEREFORE, BE IT RESOLVED by the Council for the City of Sunbury,
Delaware County, State of Ohio, that:
SECTION I: The Certificate of Assessments as submitted by the Director of Finance is
hereby approved and the Director of Finance is authorized to submit that Certificate to the
Delaware County Auditor no later than the second Monday in September (September 14, 2026)
with direction that the assessments described in that Certificate be levied against the described
parcels and be collected commencing in calendar year 2027 for the period set forth in that
Certificate.
SECTION II: It is found and determined that all formal actions of this Council concerning
and related to the adoption of this Resolution were adopted in open meetings of this Council, and
that all deliberations of this Council and of any of its committees that resulted in such formal action
were meetings open to the public, and in compliance with all legal requirements including Section
121.22 of the Ohio Revised Code.
WHEREFORE, pursuant to Section 4.07 (A) of the Sunbury Charter this Resolution shall
take effect and be in force immediately from and after its passage.

VOTE ON SUSPENSION OF THE RULES

VOTE ON RESOLUTION 2026.20

YEAS

NAYS

______

______

YEAS

NAYS

______

______

PASSED ___________________

Joseph St. John, Mayor

ATTEST:

Mindy Groves, Clerk of Council

CERTIFICATION

I hereby certify on this ______ day of _______________, 2026, that the foregoing is a
true and accurate copy of the Resolution passed at the meeting held on ___________________
2026 of the Council of the City of Sunbury of the County of Delaware, State of Ohio.

Mindy Groves, Clerk of Council

RESOLUTION NO. 2026.21
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
INTERGOVERNMENTAL AGREEMENT WITH THE DELAWARE COUNTY
VETERANS SERVICE COMMISSION
WHEREAS, the City of Sunbury is the owner of Sunbury Cemetery located on West
Cherry Street; and
WHEREAS, the City of Sunbury has identified a need for construction improvements at
Sunbury Cemetery for deceased veteran memorialization including construction of a veterans
memorial; and
WHEREAS, the Delaware County Veterans Service Commission has agreed to
contribute one hundred thousand dollars ($100,000) to the City towards the cost of the
construction improvements;
WHEREAS, Council now wishes to authorize the City Manager to enter into an
Intergovernmental Agreement in relation to the Sunbury Cemetery construction improvements.
A copy of the Intergovernmental Agreement attached hereto as exhibit A.
NOW THEREFORE, BE IT RESOLVED by the Council for the City of Sunbury,
Delaware County, State of Ohio, that:
SECTION I: The Council for the City of Sunbury hereby approves the
Intergovernmental Agreement Between the City of Sunbury and the Delaware County Veterans
Service Commission. A copy of the Intergovernmental Agreement attached hereto as exhibit A.
SECTION II: The City Manager is hereby authorized to execute the Intergovernmental
Agreement Between the City of Sunbury and the Delaware County Veterans Service
Commission as required and any other related or necessary documents consistent with this
legislation, provided that the Intergovernmental Agreement Between the City of Sunbury and the
Delaware County Veterans Service Commission shall be substantially in the form presented to
this Council, with such changes not inconsistent with this Resolution as shall be agreed to by the
City Manager, the Director of Law and the Director of Finance with the execution by the City
Manager constituting conclusive evidence of such approval.
SECTION III: It is found and determined that all formal actions of this Council
concerning and related to the adoption of this Resolution were adopted in open meetings of this
Council, and that all deliberations of this Council and of any of its committees that resulted in
such formal action were meetings open to the public, and in compliance with all legal
requirements including Section 121.22 of the Ohio Revised Code.
WHEREFORE, pursuant to Section 4.07 of the Charter of the City of Sunbury, this
Resolution shall be in effect immediately after its passage.

VOTE ON SUSPENSION OF THE RULES

VOTE ON RESOLUTION 2026.21

YEAS

NAYS

______

______

YEAS

NAYS

______

______

PASSED ___________________

Joseph St. John, Mayor

ATTEST:

Mindy Groves, Clerk of Council

CERTIFICATION

I hereby certify on this ______ day of _______________, 2026, that the foregoing is a
true and accurate copy of the Resolution passed at the meeting held on ___________________
2026 of the Council of the City of Sunbury of the County of Delaware, State of Ohio.

Mindy Groves, Clerk of Council

INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF SUNBURY AND THE
DELAWARE COUNTY VETERANS SERVICE COMMISSION
This Intergovernmental Agreement (“Agreement”) is made and entered into on June
_____, 2026 (“Effective Date”) between the City of Sunbury, an Ohio municipal corporation (the
“City”), whose principal place of business is 9 E Granville St, Sunbury OH 43074 and the
Delaware County Veterans Service Commission, whose principal place of business is 91 N.
Sandusky Street, Delaware, OH 43015 (the “VSC”). The City and VSC are individually and
collectively referred to herein as a “Party” or “the Parties,” respectively.
WHEREAS, the City of Sunbury is the owner of Sunbury Cemetery located at W Cherry
Street, Sunbury OH 43074; and
WHEREAS, the Sunbury Cemetery needs construction improvements for deceased veteran
memorialization, the cost of which the VSC has offered to fund.
NOW, THEREFORE, in consideration of the promises and mutual covenants hereinafter
described, the Parties agree to the following and that it serves their interests to do so:
Section 1.
City’s Responsibilities. The City shall be responsible for all aspects of
completing and ensuring the construction of a new veterans memorial that will include an eight
(8) foot tall black granite laser etched and sandblasted tablet to include bronze military insignias
and landscaping and potential optional future features to include flagpoles, benches, concrete,
walkways, electrical service, kiosks, signage (the “Construction Improvements”). The
Construction Improvements are anticipated to be completed by ____________, 2026. The City
shall be responsible for ensuring the Construction Improvements are implemented safely and
appropriately according to all applicable law and standards of professional workmanship. Any
insurance requirements necessary for completion of the Construction Improvements shall be
administered and borne by the City.
Section 2.
VSC Payment. In consideration of the City’s agreement to complete the
Construction Improvements, the VSC shall contribute one hundred thousand dollars ($100,000)
(the “Payment”) to the City towards the cost of the Construction Improvements, specifically the
eight (8) foot tall black granite laser etched and sandblasted tablet to include bronze military
insignias and landscaping. The VSC’s Payment shall be paid as a reimbursement to the City,
payable within 30 days of receipt of a final invoice from the City.
Section 3.

Miscellaneous.

(a)
Binding Effect. The provisions of this Agreement shall be binding upon and inure
to the benefit of the Parties and their respective successors and permitted assigns.
(b)
Captions. The captions and headings in this Agreement are for convenience only
and in no way define, limit or describe the scope or intent of any provisions or sections of this
Agreement.

(c)
Effective Date; Term. This Agreement shall become effective on the date set forth
in the preamble hereto and shall continue for one (1) year, or until receipt of the Payment by the
City, whichever occurs first.
(d)
Entire Agreement. This Agreement constitutes the entire Agreement between the
Parties on the subject matter hereof. This Agreement may not be amended, waived or discharged
except in an instrument in writing executed by the Parties.
(e)
Events of Default and Remedies. Except as otherwise provided in this Agreement,
in the event of any default in or breach of this Agreement, or any of its terms or conditions, by any
Party hereto, such defaulting Party shall, upon written notice from any non-defaulting Party,
proceed immediately to cure or remedy such default or breach, and, in any event, within thirty
(30) days after receipt of such notice. In the event such default or breach is of such nature that it
cannot be cured or remedied within said thirty (30) day period, then in such event the defaulting
Party shall upon written notice from any non-defaulting Party commence its actions to cure or
remedy said breach within said thirty (30) day period, and proceed diligently thereafter to cure or
remedy said breach. In case such action is not taken or not diligently pursued, or the default or
breach shall not be cured or remedied within a reasonable time, the aggrieved non-defaulting Party
may institute such proceedings as may be necessary or desirable in its opinion to cure and remedy
such default or breach, including, but not limited to, proceedings to compel specific performance
by the defaulting Party.
(f)
Executed Counterparts. This Agreement may be executed in several counterparts,
each of which shall be deemed to constitute an original, but all of which together shall constitute
but one and the same instrument. It shall not be necessary in proving this Agreement to produce
or account for more than one of those counterparts.
(g)
Extent of Covenants; No Personal Liability. All covenants, obligations and
agreements of the Parties contained in this Agreement shall be effective to the extent authorized
and permitted by applicable law. No such covenant, obligation or agreement shall be deemed to
be a covenant, obligation or agreement of any present or future member, officer, agent or employee
of the City or the County other than in his or her official capacity, and neither the members of the
legislative body of the City nor any official executing this Agreement shall be liable personally
under this Agreement or be subject to any personal liability or accountability by reason of the
execution thereof or by reason of the covenants, obligations or agreements of the City and the
VSC contained in this Agreement.
(h)
Governing Law. This Agreement shall be governed by and construed in accordance
with the laws of the State of Ohio without regard to its principles of conflicts of laws. All claims,
counterclaims, disputes and other matters in question between the City, its agents and employees,
and the VSC, its employees and agents, arising out of or relating to this Agreement or its breach
will be decided in a court of competent jurisdiction within Delaware County, Ohio.
(i)
Legal Authority. The Parties respectively represent and covenant that each is
legally empowered to execute, deliver and perform this Agreement and to enter into and carry out
the transactions contemplated by this Agreement. The Parties further respectively represent and
covenant that this Agreement has, by proper action, been duly authorized, executed and delivered
Page 2 of 5

by the Parties and all steps necessary to be taken by the Parties have been taken to constitute this
Agreement, and the covenants and agreements of the Parties contemplated herein, as a valid and
binding obligation of the Parties, enforceable in accordance with its terms.
(j)
Limit on Liability. As political subdivisions of the State of Ohio, the Parties are
prohibited from indemnifying each other under this Agreement and hereby affirmatively will not
indemnify each other for any claims or disputes arising from this Agreement. Each Party is solely
responsible for their own acts or omissions and the acts or omissions of each Party’s respective
officers, employees, and agents conducted in connection with this Agreement. Nothing in this
Agreement shall be construed as a waiver of any defenses or immunities of either Party under
applicable law.
(k)
Notices. Except as otherwise specifically set forth in this Agreement, all notices,
demands, requests, consents or approvals given, required or permitted to be given hereunder shall
be in writing and shall be deemed sufficiently given if actually received or if hand-delivered or
sent by recognized, overnight delivery service or by certified mail, postage prepaid and return
receipt requested, addressed to the other Party at the address set forth in this Agreement or any
addendum to or counterpart of this Agreement, or to such other address as the recipient shall have
previously notified the sender of in writing, and shall be deemed received upon actual receipt,
unless sent by certified mail, in which event such notice shall be deemed to have been received
when the return receipt is signed or refused. For purposes of this Agreement, notices shall be
addressed to:
(i)

the City at:

City of Sunbury
9 E Granville St
Sunbury, Ohio 43074
Attention: City Manager

(ii)

the VSC at:

Delaware County
91 North Sandusky Street
Delaware, Ohio 43015
Attention: Veterans Service
Commission President

The Parties, by notice given hereunder, may designate any further or different addresses to which
subsequent notices; certificates, requests or other communications shall be sent.
(l)
No Waiver. No right or remedy herein conferred upon or reserved to any Party is
intended to be exclusive of any other right or remedy, and each and every right or remedy shall be
cumulative and in addition to any other right or remedy given hereunder, or now or hereafter
legally existing upon the occurrence of any event of default hereunder. The failure of any Party to
insist at any time upon the strict observance or performance of any of the provisions of this
Agreement or to exercise any right or remedy as provided in this Agreement shall not impair any
such right or remedy or be construed as a waiver or relinquishment thereof. Every right and
remedy given by this Agreement to the Parties hereto may be exercised from time to time and as
often as may be deemed expedient by the parties hereto, as the case may be.

Page 3 of 5

(m)
Recitals. The Parties acknowledge and agree that the facts and circumstances as
described in the Recitals hereto are an integral part of this Agreement and as such are incorporated
herein by reference.
(n)
Severability. If any provision of this Agreement, or any covenant, obligation or
agreement contained herein is determined by a court to be invalid or unenforceable, that
determination shall not affect any other provision, covenant, obligation or agreement, each of
which shall be construed and enforced as if the invalid or unenforceable portion were not contained
herein. That invalidity or unenforceability shall not affect any valid and enforceable application
thereof, and each such provision, covenant, obligation or agreement shall be deemed to be
effective, operative, made, entered into or taken in the manner and to the full extent permitted by
law.
(o)
Survival of Representations and Warranties. All representations and warranties of
the Parties in this Agreement shall survive the execution and delivery of this Agreement.
(p)
Third Party Beneficiaries. Nothing in this Agreement, express or implied, is
intended to or shall confer upon any other person any right, benefit or remedy of any nature
whatsoever under or by reason of this Agreement.
(Q )
Relationship of the Parties. The Parties are governmental entities and are
individual, autonomous contracting Parties. Neither Party shall be considered an agent or
employee of the other Party for purposes of fulfilling this Agreement. Except as otherwise provided
herein, neither Party shall have the right to bind or obligate the other Party in any manner without
the other Party’s prior written consent.
IN WITNESS WHEREOF, the City and the Delaware County Veterans Service Commission
have caused this Agreement to be executed in their respective names by their duly authorized
officers all as of the date hereinbefore written.
CITY OF SUNBURY, OHIO

DELAWARE COUNTY, OHIO
VETERANS SERVICE COMMISSION

By:_______________________
Daryl Hennessy
Sunbury City Manager

By:________________________________
Ric Rey
President

Approved as to form:

Approved as to form:

David J. Brehm

Melissa A. Schiffel

City of Sunbury Director of Law

Delaware County Prosecuting Attorney
Page 4 of 5

AUDITOR’S CERTIFICATION (RC 5705.41(D)):
The Delaware County Auditor hereby certifies that the funds required to meet the obligation set
forth in this Agreement have been lawfully appropriated for such purpose and are in the county
treasury or in the process of collection, free from any other encumbrances. The Delaware
County Auditor also certifies that it has confirmed with the State of Ohio Auditor that the City of
Sunbury has no outstanding findings for recovery pending or issued against them by the State of
Ohio.
______________________________
George Kaitsa
Delaware County Auditor

PO# __________________________

Page 5 of 5

ORDINANCE NO. 2026.21
AN ORDINANCE EXTENDING THE EXISTING EMPLOYMENT AGREEMENT OF
DARYL P. HENNESSY AS CITY MANAGER FOR TWO YEARS AND AUTHORIZING
THE MAYOR TO EXECUTE ANY REQUIRED DOCUMENTS

WHEREAS, the City of Sunbury has provided for the position of City Manager (fka City
Administrator) pursuant to Article VI of the Sunbury Charter; and
WHEREAS, Daryl Hennessy is the duly appointed and acting City Administrator per
Ordinance 2025.12; and
WHEREAS, Council wishes to extend the employment of Daryl P. Hennessy as City
Manager for a two-year term and to authorize the Mayor to execute the Employment Agreement
(see Exhibit “A” attached hereto and incorporated herein by reference) any other necessary
documents.
NOW THEREFORE, BE IT ORDAINED by the Council for the City of Sunbury,
Delaware County, State of Ohio, that:
SECTION I: The appointment and employment of Daryl P. Hennessy as City Manager
of the City of Sunbury is hereby extended for a two-year term pursuant to the terms of the
Employment Agreement attached hereto as Exhibit “A” and incorporated herein by reference.
SECTION II: The Mayor is hereby authorized to execute the attached Employment
Agreement any other necessary documents pursuant to this ordinance.
SECTION II: It is found and determined that all formal actions of this Council
concerning and related to the adoption of this Ordinance were adopted in an open meeting of
this Council, and that all deliberations of this Council and any of its committees that resulted
in such formal action were meetings open to the public, and in compliance with all legal
requirements, including Section 121.22 of the Ohio Revised Code.
WHEREFORE, this Ordinance shall be in effect and in force from and after the earliest
time permitted by law.

VOTE ON ORDINANCE NO. 2026.21

YEAS

NAYS

_____

_____

PASSED ___________________, 2026

________________________
Joseph St. John, Mayor
ATTEST:

__________________________________
Mindy Groves, Clerk of Council

CERTIFICATION

I hereby certify on this ___ day of ____________________________________, 2026,
that the foregoing is a true and accurate copy of the Ordinance passed at the meeting held
on______________________________________, 2026, of the City of Sunbury, County of
Delaware, State of Ohio.

_________________________________________
Mindy Groves, Clerk of Council

Exhibit “A”
EMPLOYMENT AGREEMENT

This Agreement is made and entered into this ________ day of________________, 2026 by and between
the City of Sunbury, Ohio, a municipal corporation (hereinafter called “Employer” or “City”) and Daryl P.
Hennessy (hereinafter called “Employee”).

In consideration of the mutual covenants, agreements, representations, and warranties contained herein,
Employer and Employee agree as follows:

Section 1: Term
The term of this Agreement shall be for a two-year period commencing on ________________, 2026 (the
“Effective Date”) at 12:00 a.m. and expiring two (2) years later on ____________________, 2028 at 12:00
a.m.; subject, however, to prior termination as provided in Section 5 below. If this Agreement and
Employee’s employment are terminated under Section 5, Employee shall be entitled to only the benefits
specified in Section 6 under the conditions therein specified.

Section 2: Employment and Duties
Employer hereby employs, engages, and hires Employee as City Manager to perform the function and
duties specified in the City of Sunbury Charter, City Manager Job Description, and Codified City
Ordinances, and to perform other legally permissible and proper duties and functions consistent with the
position of City Manager as assigned by the Mayor and City Council from time to time, and Employee
accepts and agrees to such employment, engagement, and hiring. Employee agrees to at all times
faithfully, industriously, and to the best of his ability, experience, and talents, perform all of the duties
that may be required of and from him pursuant to the express and implicit terms of this Agreement.
Employee acknowledges that the position of City Manager is considered an exempt position for purposes
of federal wage-hour law, and that Employee shall not be eligible for overtime pay for hours worked in
excess of forty (40) in a given workweek.

Section 3: Compensation

Base Salary: Employer shall pay Employee an annual base salary of One Hundred Fifty-Five Thousand
$155,000 for the term of the contract payable in installments at the same time that other employees
of the Employer are paid.

A. Benefits: Employer shall provide to Employee all benefits available on a uniform basis to other City
employees, except that Employee will continue to accrue 160 hours of vacation leave annually and
may accrue and maintain a total of 300 hours of such leave during the term of this Agreement. All
other leave will be granted as per Section 139 Employment Provisions of the City of Sunbury Codified
Ordinances and any future amendments thereto.

Section 4: Business Expenses
Employer shall budget for and pay professional dues and subscriptions of the Employee pre-approved by
the Mayor for the continuation and full participation in national, regional, state, and local associations,
and organizations necessary and desirable for the Employee’s continued professional participation,
growth, and advancement, and for the good of the Employer.

Section 5: Termination
This Agreement and Employee’s employment hereunder may be terminated as follows:

A. Affirmative Termination by Employer:
i.

Employer may terminate this Agreement and Employee’s employment, with or without cause, by
action of City Council pursuant to the provisions of Article 6.05 of the Charter of Sunbury, Ohio .

ii. If Employee is in default of any material obligation under this Agreement, Employer may provide
to Employee written notice of default and right to cure. If such default remains uncured ten (10)
or more days following issuance of such notice, Employer may terminate this Agreement and
Employee’s employment by written notice to Employee.

B. Deemed Termination by Employer: This Agreement and Employee’s employment shall be deemed
terminated by Employer in the following situations if Employee so notifies Employer in writing:

2

i.

If the City Charter or Codified Ordinances of the City are hereafter amended in a manner that
substantially changes the role, powers, duties, authority, and/or responsibilities of the position of
City Manager, or that substantially changes the form of government of the City, and if Employee
reasonably determines that such changes are to his material detriment;

C. Termination by Employee:
i.

Employee may terminate this Agreement and Employee’s employment by voluntarily resigning
his position with at least sixty (60) days prior notice to Employer, unless Employer consents to a
lesser notice period.

ii. If Employer is in default of any material obligation under this Agreement, Employee may provide
to Employer written notice of default and right to cure. If such default remains uncured ten (10)
or more days following issuance of such notice, Employee may terminate this Agreement and
Employee’s employment by written notice to Employer.

Section 6: Severance Benefits
A. Except as otherwise provided in this Section 6, the severance benefits specified below shall be paid to
the Employee when employment is terminated under Sections 5(A)(i), 5(B)(i), or 5(C)(ii) or under
circumstances agreed to by Employer and Employee. For the elimination of any doubt, severance
benefits shall not be payable when employment is terminated under Sections 5(A)(ii) or 5(C)(i).

i.

Employer shall provide a one-time severance payment equal to three months’ salary at
Employee’s then current rate of pay. This severance payment shall be paid in a lump sum unless
otherwise agreed to by Employer and Employee, and be subject to withholding of applicable taxes
and other items. Employee shall also be compensated for all accrued and unused vacation time
up to the agreed upon maximum accrual of 300 hours and in accordance with Employer’s ordinary
personnel policies.

B. As a condition to receipt of such severance benefits, Employee shall execute and deliver to Employer,
and not revoke, a release and waiver of claims against the City including non-disparagement
covenants with respect to Employee’s employment, in form and substance acceptable to Employer.

3

C. Notwithstanding anything to the contrary herein, and without limitation of any of the foregoing,
Employer is not obligated to provide severance benefits under this Section 6 if Employee is terminated
for cause under Section 5(A)(i) because of: (i) a conviction of a felony; (ii) a conviction of a
misdemeanor involving moral turpitude; or (iii) other conduct that reflects unfavorably upon the
reputation of Employer.

Section 7: Performance Evaluation
In December of each year, Employer shall evaluate the annual performance of Employee during the period
commencing on the first day of the initial term of this Agreement, and ending annually thereafter on the
last day of November, subject to a process, form, criteria, and format for the evaluation which shall be
mutually agreed upon by Employer and Employee. The process at a minimum shall include the
opportunity for both parties to: (1) prepare a written evaluation, (2) meet and discuss the evaluation, and
(3) present a written summary of the evaluation results.

Section 8: Hours of Work
The normal expected work schedule of Hennessy as Sunbury City Manager shall be Monday through
Friday, 8:00 A.M. through 5:00 P.M. In addition, Hennessy, as Manager, shall be expected to attend all
Sunbury Council meetings, committee meetings on request of the Mayor, a majority of Council or a
majority of the respective committee. It is agreed that the normal work schedule of Hennessy can be
adjusted in the following work week for hours worked in excess of 45 hours per week.

Section 9: Confidentiality
Employee agrees that all proprietary or confidential knowledge and information relating to business
affairs, and business strategy, location, expansion, and other plans of Employer or third-parties with which
Employer has contracted or is or was otherwise engaged, that (1) Employee may receive from Employer
or its other employees or consultants in connection with Employee’s employment hereunder, (2) may be
provided by Employee to Employer in connection with Employee’s employment hereunder, and (3) may
be acquired by Employee by or as direct result of Employee’s employment hereunder, shall for all time
and for all purposes be regarded by Employee as strictly confidential and held by Employee in confidence,
and solely for Employer’s benefit and use, and shall not be used by Employee or directly or indirectly
disclosed by Employee to any person whatsoever except to Employer or with Employer’s prior written
permission. In the event Employee breaches this Section 9, Employer shall be entitled, among other

4

remedies, to injunctive relief prohibiting Employee from disclosing such information. This Section 9 shall
survive termination of this Agreement.

Section 10: Indemnification
To the fullest extent permissible pursuant to state law, Employer shall indemnify Employee against any
and all liability, losses, damages, expenses and costs, including court costs and reasonable and necessary
attorney fees, arising from, growing out of, by reason of or in any way connected with alleged or actual
acts or omissions of Employee occurring in the performance of Employee’s official duties as City Manager,
including, without limitation, acts or omissions involving the exercise of judgement or discretion, unless
the act or omission involved willful or wanton conduct. Employer shall, at Employer’s expense, provide
Employee a defense against any claim or demand related to acts and omissions for which Employee is
indemnified hereunder, whether groundless or otherwise. This Section 10 shall survive termination of
this Agreement.

Section 11: General Provisions
A. Integration. This Agreement sets forth and establishes the entire understanding between Employer
and Employee relating to the employment of Employee by Employer. Any prior discussions or
representation by or between the parties are merged into and rendered null and void by this
Agreement. The parties, by mutual written agreement, may amend any provision of this Agreement
during the life of this Agreement. Such amendments shall be incorporated and made a part of this
Agreement.

B. Notices. Any and all consents, waivers, and other notices required by this Agreement shall be deemed
to be delivered when personally delivered to the recipient or when mailed, by certified or registered
mail with proper first-class postage attached thereto, to the recipient party.

C. Non-waiver. No waiver or omission by either party to require performance by the other party of any
of the terms and conditions of this Agreement, and no forbearance or indulgence granted or shown
by either party, shall be deemed effective unless contained in a written instrument signed by the
waiving party, nor shall it release, discharge or in any matter affect or prejudice the right of a party at
any time to require strict and full performance by the other of any or all provisions or obligations of
this Agreement on the latter’s part to be performed unless it is so stated in such writing.

5

D. Severability. The invalidity or partial invalidity of any portion of this Agreement will not affect the
validity of any other provision. In the event that any provision of this Agreement is held to be invalid,
the remaining provisions shall be deemed to be in full force and effect as if they have been executed
by both parties subsequent to the expungement or judicial modification of the invalid provision.

E. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the
State of Ohio.

IN WITNESS WHEREOF, each of the parties has caused this Agreement to be duly executed effective the
day and year first above written.

EMPLOYEE:

EMPLOYER: CITY OF SUNBURY

_____________________________________

By:

Daryl P. Hennessy

________________________________
Joseph St. John

Its:

Mayor

The foregoing Agreement was approved by the Sunbury City Council on the __________ day of
____________________, 2026, at a meeting duly held.

______________________________
Mindy Groves, City Clerk

6

ORDINANCE 2026.22
AN ORDINANCE APPROVING THE MAJOR COMMERCIAL AND
INDUSTRIAL SITE PLAN APPLICATION OF TRIDENT HOLDING COMPANY
LLC FOR THE CONSTRUCTION OF A NEW MIXED USED COMMERCIAL
BUILDING AT 37 E. GRANVILLE STREET, SUNBURY, OHIO
WHEREAS, in the winter of 2025-2026 the c o m m e r c i a l b u i l d i n g located at 37 E.
Granville Street, Sunbury, Ohio 43074 suffered structural failure resulting in its demolition; and
WHEREAS, on June 5, 2026, Carly Maggio on behalf of Trident Holding
Company LLC, submitted a Commercial and Industrial Site Plan and Building Application for
c o n s t r u c t i o n o f a n e w r e p l a c e m e n t m i x e d - u s e c o m m e r c i a l b u i l d i n g ; and
WHEREAS, said n e w Commercial and Industrial Site Plan and Building Application
came on for vote by the Planning and Zoning Commission on the 29th day of June 2026, which
Commission recommended conditional approval of said application subject to final engineering
approval; and
WHEREAS, said Commercial and Industrial Site Plan and Building Application is now
being considered by the C o u n c i l for approval pursuant to the zoning regulations of the City of
Sunbury; and
WHEREAS, Council further wishes to further authorize the encroachment of the
front of the building not to exceed 5 feet into the public right-of-way of Granville Street
which does not exceed the encroachment of the prior commercial structure.
NOW, THEREFORE, BE IT ORDAINED by the Council for the City of Sunbury,
Delaware County, State of Ohio, as follows:
SECTION I: That the recommendation of the Sunbury Planning and Zoning
Commission to approve the new Commercial and Industrial Site Plan and Building Application
of Carly Maggio on behalf of Trident Holding Company LLC for c o n s t r u c t i o n o f a n e w
m i x e d u s e c o m m e r c i a l b u i l d i n g to be located at 37 E. Granville Street, Sunbury, Ohio 43074
in replacement of the prior building is hereby approved, conditional upon final engineering
approval.
SECTION II: Council further authorizes the encroachment of the front of the
replacement building not to exceed 5 feet into the public right-of-way of Granville Street.

SECTION III: It is found and determined that all formal actions of this Council
concerning and related to the adoption of this Ordinance were adopted in an open meeting of
this Council, and that all deliberations of this Council and any of its committees that resulted
in such formal action were meetings open to the public, and in compliance with all legal
requirements, including Section 121.22 of the Ohio Revised Code.
WHEREFORE, this Ordinance shall be in effect and in force from and after the earliest
time permitted by law.

VOTE ON ORDINANCE NO. 2026.22

YEAS

NAYS

_____

_____

PASSED ___________________, 2026

________________________
Joseph St. John, Mayor
ATTEST:

__________________________________
Mindy Groves, Clerk of Council

CERTIFICATION

I hereby certify on this ___ day of ____________________________________, 2026,
that the foregoing is a true and accurate copy of the Ordinance passed at the meeting held
on______________________________________, 2026, in the City of Sunbury, County of
Delaware, State of Ohio.

_________________________________________
Mindy Groves, Clerk of Council

EXHIBIT A
SUNBURY ORDINANCE ON ELECTRIC PERSONAL ASSISTIVE
MOBILITY DEVICES AND LOW SPEED MICROMOBILITY DEVICES
301.04 BICYCLE; MOTORIZED BICYCLE; MOPED; ELECTRIC BICYCLE; ELECTRIC
PERSONAL ASSISTIVE MOBILITY DEVICE.
(a) "Bicycle" means every device, other than a device that is designed solely for use as a play 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.
(ORC 4511.01(G))
(b) "Motorized bicycle" or “moped” means any vehicle having either two tandem wheels or one
wheel in the front and two wheels in the rear, that may be pedaled, and that is equipped with a helper
motor of not more than fifty cubic centimeters piston displacement that produces not 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.
“Motorized bicycle” or “moped” does not include an electric bicycle. (ORC 4511.01(H))
(c) “Electric bicycle” means a “class 1 electric bicycle”, a “class 2 electric bicycle”, or a “class 3
electric bicycle” as defined in this section. (ORC 4511.01(RRR))
(1) “Class 1 electric bicycle” means a bicycle that is equipped with fully operable pedals and an
electric motor of less than seven hundred fifty watts that provides assistance only when the rider is
pedaling and ceases to provide assistance when the bicycle reaches the speed of twenty miles per hour.
(ORC 4511.01(SSS))
(2) “Class 2 electric bicycle” means a bicycle that is equipped with fully operable pedals and an
electric motor of less than seven hundred fifty watts that may provide assistance regardless of whether
the rider is pedaling and is not capable of providing assistance when the bicycle reaches the speed of
twenty miles per hour. (ORC 4511.01(TTT))
(3) “Class 3 electric bicycle” means a bicycle that is equipped with fully operable pedals and an
electric motor of less than seven hundred fifty watts that provides assistance only when the rider is
pedaling and ceases to provide assistance when the bicycle reaches the speed of twenty-eight miles per
hour. (ORC 4511.01(UUU))
(d) “Electric personal assistive mobility device" means a self-balancing two non-tandem wheeled
device that is designed to transport only one person, has an electric propulsion system of an average of
seven hundred fifty watts, and when ridden on a paved level surface by an operator who weighs one
hundred seventy pounds has a maximum speed of less than twenty miles per hour.
331.37 DRIVING UPON SIDEWALKS, STREET LAWNS, SHARED USE PATHS OR CURBS.
(a) (1) No person shall drive any vehicle, upon a sidewalk, street lawn (defined as the area that is
between the curb and the sidewalk. If no sidewalk exists, it is the area from the curb to the edge of the
public right of way. If no curb exists, it is the area from the edge of the pavement to the sidewalk. If
there is no curb or sidewalk, it is the area from the edge of the pavement to the edge of the public right
of way), shared use path, or curb, except:
(1) A bicycle;
(2) An electric bicycle when the motor is not engaged;
(3) A Low-Speed Micromobility Device; or (Scooter)
(4) An Electric Personal Assistive Mobility Device. (Segway)

.
(2) This prohibition does not apply to a law enforcement officer, or other person sworn to enforce the

criminal and traffic laws of the state, using an electric bicycle with the motor engaged while in the
performance of the officer’s duties.
(3) Nothing in this section shall be construed as prohibiting local authorities from regulating the
operation of bicycles or electric bicycles, except that no local authority may require that bicycles or
electric bicycles be operated on sidewalks.
(b) Except as otherwise provided in this division, whoever violates 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 violates this section is guilty of
a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been
convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is
guilty of a misdemeanor of the third degree.
(c) If the offender commits the offense while distracted and the distracting activity is a contributing
factor to the commission of the offense, the offender is subject to the additional fine established under §
408.02(b).
(R.C. § 4511.711)
331.38 – Safe Operation of Low Speed Micromobility Device, Electric Personal Assistive Mobility Device,
Electric Bicycle & Bicycle
(a) Purpose.
The purpose of this section is to regulate the operation of Low-Speed Micromobility Devices, Electric
Personal Assistive Mobility Devices, Electric Bicycles, and Bicycles on sidewalks, street lawns, shared-use
paths, and curbs while protecting pedestrians and other lawful users of such facilities.
(b) Pedestrian Priority.
A person operating a bicycle, electric bicycle, Low-Speed Micromobility Device, or Electric Personal
Assistive Mobility Device upon a sidewalk, street lawn, shared-use path, or curb shall yield the right-of-way
to all pedestrians.
(c) Duty of Care.
No person shall operate a bicycle, electric bicycle, Low-Speed Micromobility Device, or Electric Personal
Assistive Mobility Device in a careless, reckless, or unsafe manner so as to endanger the safety of any person
or property.
(d) Unsafe Operation.
The following conduct shall constitute evidence of careless, reckless, or unsafe operation:
(1) Failure to yield the right-of-way to a pedestrian;
(2) Operating at a speed greater than is reasonable and prudent under the conditions then existing, including
pedestrian traffic, visibility, weather, and surface conditions;
(3) Weaving through pedestrian traffic;
(4) Overtaking or passing a pedestrian without sufficient clearance to avoid creating a hazard;
(5) Operating in a manner that causes a pedestrian or other lawful user to take evasive action to avoid a
collision;

(6) Operating while distracted in a manner that interferes with the safe operation of the device;
(7) Operating without maintaining reasonable control of the device.
(e) Penalty.
Whoever violates this section is guilty of a minor misdemeanor.

373.10 MOTORIZED BICYCLE, ELECTRIC PERSONAL ASSISTIVE MOBILITY
DEVICE, AND LOW SPEED MICROMOBILITY DEVICE OPERATION,
EQUIPMENT AND LICENSE.
(a) No person shall operate a motorized bicycle upon any street or highway or any public or
private property used by the public for purposes of vehicular travel or parking, unless all of the
following conditions are met:
(1) The person is fourteen or fifteen years of age and holds a valid probationary
motorized bicycle license issued after the person has passed the test provided for in Ohio R.C.
4511.521, or the person is sixteen years of age or older and holds either a valid commercial
driver’s license issued under Ohio R.C. Chapter 4506, or a driver’s license issued under Ohio
R.C. Chapter 4507, or a valid motorized bicycle license issued after the person has passed the
test provided for in Ohio R.C. 4511.521, except that if a person is sixteen years of age, has a
valid probationary motorized bicycle license and desires a motorized bicycle license, the
person is not required to comply with the testing requirements provided for in Ohio R.C.
4511.521;
(2) The motorized bicycle is equipped in accordance with rules adopted by the Ohio
Director of Public Safety and is in proper working order;
(3) The person, if under eighteen years of age, is wearing a protective helmet on the
person’s head with the chin strap properly fastened, and the motorized bicycle is equipped
with a rear-view mirror;
(4) The person operates the motorized bicycle when practicable within three feet of the
right edge of the roadway obeying all traffic rules applicable to vehicles; and
(5) The motorized bicycle displays on the rear of such bicycle the current license plate or
validation sticker furnished by the Ohio Director of Public Safety under Ohio R.C. 4503.191.
(b) No person operating a motorized bicycle shall carry another person upon the motorized
bicycle.
(c) No person shall operate an Electric Personal Assistive Mobility Device or a Low Speed
Micromobility Device upon any street or highway or any public or private property used by
the public for purposes of vehicular travel or parking.
(d) Whoever violates this section is guilty of a minor misdemeanor.
(ORC 4511.521)

301.51 VEHICLE.
“Vehicle” means every device, including a motorized bicycle, electric motorcycle and an electric

bicycle, in, upon or by which any person or property may be transported or drawn upon a highway,
except that “vehicle” does not include any motorized wheelchair, any electric personal assistive
mobility device, any low-speed micromobility device, any personal delivery device as defined in R.C.
§ 4511.513, any device that is moved by power collected from overhead electric trolley wires or that
is used exclusively upon stationary rails or tracks or any device, other than a bicycle, that is moved
by human power. (R.C. § 4511.01(A))
301.181 LOW-SPEED MICROMOBILITY DEVICE.
“Low-speed micromobility device” means a device weighing less than 100 pounds that has
handlebars, is propelled by an electric motor or human power, and has an attainable speed on a paved
level surface of not more than 20 miles per hour when propelled by the electric motor.
(R.C. § 4511.01(WWW))
301.361 SHARED-USE PATH.
“Shared-use path” means a bikeway outside the traveled way and physically separate from
motorized vehicular traffic by an open space or barrier and either within the highway right- of-way or
within an independent alignment. A shared-use path also may be used by pedestrians, including
skaters, joggers, users of manual and motorized wheelchairs, and other authorized motorized and
non-motorized users. A shared-use path does not include any trail that is intended to be used primarily
for mountain biking, hiking, equestrian use, or other similar uses, or any other single track or natural
surface trail that has historically been reserved for nonmotorized use. (ORC 4511.01(PPP))

373.13 HELMETS FOR MINOR OPERATORS AND PASSENGERS OF ELECTRIC BICYCLES, ELECTRIC
PERSONAL ASSISTIVE MOBILITY DEVICES, AND LOW SPEED MICROMOBILITY DEVICES .
(a) No person under eighteen (18) years of age shall operate or ride as a passenger upon an
electric bicycle or Electric Personal Assistive Mobility Device or a Low Speed Micromobility Device unless wearing
a properly fitted and fastened
helmet that meets the standards described in Subsection (b) of this Section. No person shall operate
an electric bicycle or Electric Personal Assistive Mobility Device or a Low Speed Micromobility Device while
carrying a passenger under eighteen (18)
years of age unless that passenger is wearing a properly fitted and fastened helmet that meets the
standards described in Subsection (b) of this Section.
(b) The helmet shall meet safety standards established by the Consumer Product Safety
Commission (CPSC), ASTM International, or the Snell Memorial Foundation, or any successor
standard recognized by those organizations, and shall be worn in accordance with the manufacturer's
fit and fastening instructions.
(c) No parent, guardian, or legal custodian shall knowingly permit a person under eighteen (18)
years of age in their care to violate this section. A violation of this Section is subject to the penalties
set forth in subsection (f).
(d) A violation of this Section shall not be considered evidence of negligence or contributory
negligence in any civil action.

(e) This section shall not apply to operation on private residential property.
(f) A violation of this Section is a primary offense for which an operator may be stopped without
the existence of any other traffic violation. Whoever violates this Section
is guilty of a minor misdemeanor.
373.13 HELMETS FOR MINOR OPERATORS AND PASSENGERS OF ELECTRIC BICYCLES, ELECTRIC
PERSONAL ASSISTIVE MOBILITY DEVICES, AND LOW SPEED MICROMOBILITY DEVICES.
(a) No person under eighteen (18) years of age shall operate or ride as a passenger upon an
electric bicycle or Electric Personal Assistive Mobility Device or a Low Speed Micromobility Device unless
wearing a properly fitted and fastened helmet that meets the standards described in Subsection (b) of this Section.
No person shall operate an electric bicycle or Electric Personal Assistive Mobility Device or a Low Speed
Micromobility Device while carrying a passenger under eighteen (18) years of age unless that passenger is
wearing a properly fitted and fastened helmet that meets the standards described in Subsection (b) of this Section.
(b) The helmet shall meet safety standards established by the Consumer Product Safety Commission (CPSC),
ASTM International, or the Snell Memorial Foundation, or any successor standard recognized by those
organizations, and shall be worn in accordance with the manufacturer's fit and fastening instructions.
(c) No parent, guardian, or legal custodian shall knowingly permit a person under eighteen (18)
years of age in their care to violate this section. A violation of this Section is subject to the penalties
set forth in subsection (e).
(d) A violation of this Section shall not be considered evidence of negligence or contributory
negligence in any civil action.
(e) This section shall not apply to operation on private residential property.
(f) A violation of this Section is a primary offense for which an operator may be stopped without
the existence of any other traffic violation. Whoever violates this Section is guilty of a minor misdemeanor.

EXHIBIT A
SUNBURY ORDINANCE ON ELECTRIC PERSONAL ASSISTIVE
MOBILITY DEVICES AND LOW SPEED MICROMOBILITY DEVICES
301.04 BICYCLE; MOTORIZED BICYCLE; MOPED; ELECTRIC BICYCLE; ELECTRIC
PERSONAL ASSISTIVE MOBILITY DEVICE.
(a) "Bicycle" means every device, other than a device that is designed solely for use as a play 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.
(ORC 4511.01(G))
(b) "Motorized bicycle" or “moped” means any vehicle having either two tandem wheels or one
wheel in the front and two wheels in the rear, that may be pedaled, and that is equipped with a helper
motor of not more than fifty cubic centimeters piston displacement that produces not 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.
“Motorized bicycle” or “moped” does not include an electric bicycle. (ORC 4511.01(H))
(c) “Electric bicycle” means a “class 1 electric bicycle”, a “class 2 electric bicycle”, or a “class 3
electric bicycle” as defined in this section. (ORC 4511.01(SSS))
(1) “Class 1 electric bicycle” means a bicycle that is equipped with fully operable pedals and an
electric motor of less than seven hundred fifty watts that provides assistance only when the rider is
pedaling and ceases to provide assistance when the bicycle reaches the speed of twenty miles per hour.
(ORC 4511.01(TTT))
(2) “Class 2 electric bicycle” means a bicycle that is equipped with fully operable pedals and an
electric motor of less than seven hundred fifty watts that may provide assistance regardless of whether
the rider is pedaling and is not capable of providing assistance when the bicycle reaches the speed of
twenty miles per hour. (ORC 4511.01(UUU))
(3) “Class 3 electric bicycle” means a bicycle that is equipped with fully operable pedals and an
electric motor of less than seven hundred fifty watts that provides assistance only when the rider is
pedaling and ceases to provide assistance when the bicycle reaches the speed of twenty-eight miles per
hour. (ORC 4511.01(VVV))
(d) “Electric personal assistive mobility device" means a self-balancing two non-tandem wheeled
device that is designed to transport only one person, has an electric propulsion system of an average of
seven hundred fifty watts, and when ridden on a paved level surface by an operator who weighs one
hundred seventy pounds has a maximum speed of less than twenty miles per hour.
331.37 DRIVING UPON SIDEWALKS, STREET LAWNS, SHARED USE PATHS OR CURBS.
(a) (1) No person shall drive any vehicle, upon a sidewalk, street lawn (defined as the area that is
between the curb and the sidewalk. If no sidewalk exists, it is the area from the curb to the edge of the
public right of way. If no curb exists, it is the area from the edge of the pavement to the sidewalk. If
there is no curb or sidewalk, it is the area from the edge of the pavement to the edge of the public right
of way), shared use path, or curb, except:
(1) A bicycle;
(2) An electric bicycle when the motor is not engaged;
(3) A Low-Speed Micromobility Device; or (Scooter)
(4) An Electric Personal Assistive Mobility Device. (Segway)

.
(2) This prohibition does not apply to a law enforcement officer, or other person sworn to enforce the

criminal and traffic laws of the state, using an electric bicycle with the motor engaged while in the
performance of the officer’s duties.
(3) Nothing in this section shall be construed as prohibiting local authorities from regulating the
operation of bicycles or electric bicycles, except that no local authority may require that bicycles or
electric bicycles be operated on sidewalks.
(b) Except as otherwise provided in this division, whoever violates 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 violates this section is guilty of
a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been
convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is
guilty of a misdemeanor of the third degree.
(c) If the offender commits the offense while distracted and the distracting activity is a contributing
factor to the commission of the offense, the offender is subject to the additional fine established under §
408.02(b).
(R.C. § 4511.711)
331.38 – Safe Operation of Low Speed Micromobility Device, Electric Personal Assistive Mobility Device,
Electric Bicycle & Bicycle
(a) Purpose.
The purpose of this section is to regulate the operation of Low-Speed Micromobility Devices, Electric
Personal Assistive Mobility Devices, Electric Bicycles, and Bicycles on sidewalks, street lawns, shared-use
paths, and curbs while protecting pedestrians and other lawful users of such facilities.
(b) Pedestrian Priority.
A person operating a bicycle, electric bicycle, Low-Speed Micromobility Device, or Electric Personal
Assistive Mobility Device upon a sidewalk, street lawn, shared-use path, or curb shall yield the right-of-way
to all pedestrians.
(c) Duty of Care.
No person shall operate a bicycle, electric bicycle, Low-Speed Micromobility Device, or Electric Personal
Assistive Mobility Device in a careless, reckless, or unsafe manner so as to endanger the safety of any person
or property.
(d) Unsafe Operation.
The following conduct shall constitute evidence of careless, reckless, or unsafe operation:
(1) Failure to yield the right-of-way to a pedestrian;
(2) Operating at a speed greater than is reasonable and prudent under the conditions then existing, including
pedestrian traffic, visibility, weather, and surface conditions;
(3) Weaving through pedestrian traffic;
(4) Overtaking or passing a pedestrian without sufficient clearance to avoid creating a hazard;
(5) Operating in a manner that causes a pedestrian or other lawful user to take evasive action to avoid a
collision;

(6) Operating while distracted in a manner that interferes with the safe operation of the device;
(7) Operating without maintaining reasonable control of the device.
(e) Penalty.
Whoever violates this section is guilty of a minor misdemeanor.

373.10 MOTORIZED BICYCLE, ELECTRIC PERSONAL ASSISTIVE MOBILITY
DEVICE, AND LOW SPEED MICROMOBILITY DEVICE OPERATION,
EQUIPMENT AND LICENSE.
(a) No person shall operate a motorized bicycle upon any street or highway or any public or
private property used by the public for purposes of vehicular travel or parking, unless all of the
following conditions are met:
(1) The person is fourteen or fifteen years of age and holds a valid probationary
motorized bicycle license issued after the person has passed the test provided for in Ohio R.C.
4511.521, or the person is sixteen years of age or older and holds either a valid commercial
driver’s license issued under Ohio R.C. Chapter 4506, or a driver’s license issued under Ohio
R.C. Chapter 4507, or a valid motorized bicycle license issued after the person has passed the
test provided for in Ohio R.C. 4511.521, except that if a person is sixteen years of age, has a
valid probationary motorized bicycle license and desires a motorized bicycle license, the
person is not required to comply with the testing requirements provided for in Ohio R.C.
4511.521;
(2) The motorized bicycle is equipped in accordance with rules adopted by the Ohio
Director of Public Safety and is in proper working order;
(3) The person, if under eighteen years of age, is wearing a protective helmet on the
person’s head with the chin strap properly fastened, and the motorized bicycle is equipped
with a rear-view mirror;
(4) The person operates the motorized bicycle when practicable within three feet of the
right edge of the roadway obeying all traffic rules applicable to vehicles; and
(5) The motorized bicycle displays on the rear of such bicycle the current license plate or
validation sticker furnished by the Ohio Director of Public Safety under Ohio R.C. 4503.191.
(b) No person operating a motorized bicycle shall carry another person upon the motorized
bicycle.
(c) No person shall operate an Electric Personal Assistive Mobility Device or a Low Speed
Micromobility Device upon any street or highway or any public or private property used by
the public for purposes of vehicular travel or parking.
(d) Whoever violates this section is guilty of a minor misdemeanor.
(ORC 4511.521)

301.51 VEHICLE.
“Vehicle” means every device, including a motorized bicycle, electric motorcycle and an electric

bicycle, in, upon or by which any person or property may be transported or drawn upon a highway,
except that “vehicle” does not include any motorized wheelchair, any electric personal assistive
mobility device, any low-speed micromobility device, any personal delivery device as defined in R.C.
§ 4511.513, any device that is moved by power collected from overhead electric trolley wires or that
is used exclusively upon stationary rails or tracks or any device, other than a bicycle, that is moved
by human power. (Based on R.C. § 4511.01(A))
301.181 LOW-SPEED MICROMOBILITY DEVICE.
“Low-speed micromobility device” means a device weighing less than 100 pounds that has
handlebars, is propelled by an electric motor or human power, and has an attainable speed on a paved
level surface of not more than 20 miles per hour when propelled by the electric motor.
(R.C. § 4511.01(WWW))
301.361 SHARED-USE PATH.
“Shared-use path” means a bikeway outside the traveled way and physically separate from
motorized vehicular traffic by an open space or barrier and either within the highway right- of-way or
within an independent alignment. A shared-use path also may be used by pedestrians, including
skaters, joggers, users of manual and motorized wheelchairs, and other authorized motorized and
non-motorized users. A shared-use path does not include any trail that is intended to be used primarily
for mountain biking, hiking, equestrian use, or other similar uses, or any other single track or natural
surface trail that has historically been reserved for nonmotorized use. (ORC 4511.01(PPP))

373.13 HELMETS FOR MINOR OPERATORS AND PASSENGERS OF ELECTRIC BICYCLES, ELECTRIC
PERSONAL ASSISTIVE MOBILITY DEVICES, AND LOW SPEED MICROMOBILITY DEVICES .
(a) No person under eighteen (18) years of age shall operate or ride as a passenger upon an
electric bicycle or Electric Personal Assistive Mobility Device or a Low Speed Micromobility Device unless wearing
a properly fitted and fastened
helmet that meets the standards described in Subsection (b) of this Section. No person shall operate
an electric bicycle or Electric Personal Assistive Mobility Device or a Low Speed Micromobility Device while
carrying a passenger under eighteen (18)
years of age unless that passenger is wearing a properly fitted and fastened helmet that meets the
standards described in Subsection (b) of this Section.
(b) The helmet shall meet safety standards established by the Consumer Product Safety
Commission (CPSC), ASTM International, or the Snell Memorial Foundation, or any successor
standard recognized by those organizations, and shall be worn in accordance with the manufacturer's
fit and fastening instructions.
(c) No parent, guardian, or legal custodian shall knowingly permit a person under eighteen (18)
years of age in their care to violate this section. A violation of this Section is subject to the penalties
set forth in subsection (f).
(d) A violation of this Section shall not be considered evidence of negligence or contributory
negligence in any civil action.

(e) This section shall not apply to operation on private residential property.
(f) A violation of this Section is a primary offense for which an operator may be stopped without
the existence of any other traffic violation. Whoever violates this Section
is guilty of a minor misdemeanor.

ORDINANCE 2026.23
AN ORDINANCE ADDING ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES
AND LOW SPEED MICROMOBILITY DEVICES TO THE CODIFIED ORDINANCES
OF THE CITY OF SUNBURY, OHIO
WHEREAS, Sunbury City Council has determined a need to regulate the use of electric
personal assistive mobility devices within the city; and
WHEREAS, numerous sections of the Codified Ordinances of the City need to be
updated to include prior updates to the Ohio Revised Code and additional amendments as set
forth herein.
NOW, THEREFORE, BE IT ORDAINED by the Council for the City of Sunbury,
Delaware County, State of Ohio, as follows:
SECTION I: The following sections of the Sunbury Codified Ordinances are hereby
approved, adopted and amended.
301.04
331.37
331.38

Definition of Electric Personal Assistive Mobility Device (Added)
Driving Upon Sidewalks, Street Lawns, Hared Use Paths or Curbs (Amended)
Safe Operation of Low Speed Micromobity Devie, Electric Personal Assistive
Mobility Device, Electric Bicycle & Bicycle. (Added)
373.10 Motorized Bicycle, Electric Personal Assistive Mobility Device, and Low Speed
Micromobility Device Operation, Equipment and License. (Amended)
3.01.05 Vehicle (Amended)
301.181 Low-Speed Micromobility Device (Added)
301.361 Shared-Use Path (Added)
The full texted of the approved, adopted and amended sections are set forth on Exhibit “A”
attached hereto and incorporated herein by reference.
SECTION II: The remainder of Sunbury Codified Ordinances not approved, adopted
and amended shall remain in full force and effect.
SECTION III: It is found and determined that all formal actions of this Council
concerning and related to the adoption of this ordinance were adopted in an open meeting of this
Council, and that all deliberations of this Council and any of its committees that resulted in such
formal action were meetings open to the public, and in compliance with all legal requirements,
including Section 121.22 of the Ohio Revised Code.

VOTE ON ORDINANCE 2026.23

YEAS

NAYS

PASSED: __________________________

_____________________________________
Joseph St. John, Mayor
ATTEST:

Mindy Groves, Clerk of Council

CERTIFICATION

I hereby certify on this _____ day of _________________, 2026, that the foregoing is a
true and accurate copy of the Ordinance passed at the meeting held on __________________,
2026, in the City of Sunbury, County of Delaware, State of Ohio.

Mindy Groves, Clerk of Council

City of Sunbury Ohio
9 E Granville Street P.O. Box 508
Sunbury, Ohio 43074
Ph. (740) 965-2684
www.sunburyohio.org

E-Bikes, Electric Scooters & Micromobility Devices FAQ
Quick Reference: Where Each Device May Be Used
Device

Sidewalk

Shared-use path

Roadway

Helmet

Traditional bicycle

Allowed

Allowed

Allowed under Ohio traffic
law

Not required

Class 1 or 2 e-bike

Allowed only
with motor
disengaged

Allowed only with
motor disengaged

Allowed; traffic laws apply

Required under
age 18

Class 3 e-bike

Allowed only
with motor
disengaged

Allowed only with
motor disengaged

Allowed; traffic laws apply

Required for all
riders under Ohio
law

Low-speed
micromobility device
(e-scooter)

Allowed

Allowed

Prohibited by the draft

Required under
age 18

Electric personal
assistive mobility
device (Segway-type)

Allowed

Allowed

Prohibited by the draft

Required under
age 18

Motorized bicycle /
moped

Not allowed

Not allowed

Allowed only with required
license and equipment

Required under
age 18

E-moto, electric dirt
bike, or other highpowered device

Not authorized

Not authorized

Only if legally classified,
licensed, registered, and
equipped

Depends on legal
vehicle
classification

“Allowed” remains subject to pedestrian priority, safe operation, posted restrictions, and other applicable
laws.FA

1. Understanding the Proposal


What is the purpose of the proposed ordinance?
The proposal is intended to clarify where traditional bicycles, e-bikes, electric scooters, Segway-type
devices, and mopeds may be operated; protect pedestrians; establish a helmet requirement for
minors; and give police a clearer standard for addressing unsafe riding.



What is considered an e-bike?
A qualifying e-bike has fully operable pedals, an electric motor of less than 750 watts, and falls
within the definition of a Class 1, Class 2, or Class 3 device. Class 1 provides assistance only while
pedaling and stops assisting at 20 mph. Class 2 may provide assistance without pedaling but stops
assisting at 20 mph. Class 3 assists only while pedaling and stops assisting at 28 mph.



What is a low-speed micromobility device?

It is generally an electric scooter or similar device that weighs less than 100 pounds, has
handlebars, and cannot exceed 20 mph under electric power.


What is an electric personal assistive mobility device?
This term refers to a self-balancing, two-wheeled, single-person device such as a Segway. It does
not mean a wheelchair or another disability-related mobility device.



Are electric dirt bikes, e-motos, or high-powered crossover bikes treated as e-bikes?
A device that lacks operable pedals, has a motor of 750 watts or more, exceeds the applicable
assisted-speed limit, or otherwise fails the statutory e-bike definition may be a motor vehicle or
motorcycle. Such a device is not allowed on sidewalks and may require a license, registration,
insurance, and roadway equipment.

2. Where Devices May Be Operated


May traditional bicycles be used on sidewalks and shared-use paths?
Yes. The ordinance allows traditional bicycles on sidewalks, street lawns, shared-use paths, and
curbs. Riders must yield to pedestrians and operate safely.



May e-bikes be used on sidewalks or shared-use paths?
Yes, but only when the electric motor is not engaged. This applies to Class 1, Class 2, and Class 3
e-bikes. The rider may pedal the e-bike as a conventional bicycle.



Does the battery have to be removed from an e-bike on a sidewalk or path?
No. The ordinance requires the motor to be disengaged; it does not require removal of the battery.
The motor must not be providing propulsion or pedal assistance.



May electric scooters and Segway-type devices use sidewalks and shared-use paths?
Yes. Qualifying low-speed micromobility devices and electric personal assistive mobility devices
may use sidewalks, street lawns, shared-use paths, and curbs, subject to pedestrian priority and the
safe-operation rules.



May electric scooters or Segway-type devices be operated in the roadway?
No. The ordinance prohibits both types of devices on streets and highways and on public or private
property used by the public for vehicular travel or parking, including parking areas.



May e-bikes be operated in the roadway?
Yes. Qualifying e-bikes may be operated on roadways under Ohio law, but riders must obey traffic
signals, stop signs, lane rules, lighting requirements, and other traffic laws applicable to bicycles and
e-bikes.



Where may a moped or motorized bicycle be operated?
A moped may be operated on a roadway only when the operator has the required license and the
moped meets applicable equipment and registration requirements. The ordinance does not allow
mopeds on sidewalks or shared-use paths.



Does the ordinance create a separate rule for the downtown area or shopping centers?
No separate downtown or business-district sidewalk restriction applies. Posted restrictions, privateproperty rules, and other applicable laws would still apply. Electric scooters and Segway-type
devices would remain prohibited in parking and vehicular travel areas.



What is a shared-use path?
A shared-use path is a bikeway physically separated from motor-vehicle traffic that may also be
used by pedestrians and other authorized users.



May a scooter or Segway rider remain mounted while crossing a street in a crosswalk?
The ordinance prohibits operating these devices on a street or highway and does not expressly
create a crosswalk exception. As written, a rider should dismount and walk the device across the
roadway. The City will confirm this interpretation in the public education materials.



Does the ordinance really allow riding on a street lawn or curb?
Yes. A street lawn is generally the public-right-of-way area between the roadway and sidewalk, or
the comparable area where a curb or sidewalk is absent. All pedestrian-priority and safe-operation
requirements would apply.

3. Speed, Pedestrians, and Safe Operation


Do pedestrians have the right-of-way?
Yes. Pedestrians have priority on sidewalks, street lawns, shared-use paths, and curbs. Riders must
yield and may not force a pedestrian or other lawful user to take evasive action.



Does the ordinance establish a specific speed limit for sidewalks or shared-use paths?
No. The draft uses a reasonable-and-prudent standard based on pedestrian traffic, visibility,
weather, surface conditions, and other circumstances. A device's maximum capability is not
permission to travel at that speed in every location.



What conduct may be considered careless, reckless, or unsafe?
Examples include failing to yield, weaving through pedestrians, passing without sufficient clearance,
causing another user to take evasive action, riding while distracted, traveling too fast for existing
conditions, carrying more passengers than device is designed for, or failing to maintain reasonable
control.



How should a rider pass a pedestrian?
Slow down, provide ample clearance, and announce the pass early enough for the pedestrian to
react. Ohio law specifically requires operators of low-speed micromobility devices and electric
personal assistive mobility devices to give an audible signal before overtaking a pedestrian.



Do the safe-operation rules apply to conventional bicycles?
Yes.

4. Helmets, Ages, and Passengers


Who must wear a helmet?
Anyone under age 18 who operates or rides as an approved passenger on an e-bike, electric
scooter, or Segway-type device must wear a properly fitted and fastened helmet. Ohio law

separately requires every Class 3 e-bike operator and passenger, regardless of age, to wear a
qualifying helmet.


Does the proposed helmet requirement apply to conventional bicycles?
No.



What helmet standards apply?
The helmet must meet standards established by the U.S. Consumer Product Safety Commission,
ASTM International, or the Snell Memorial Foundation, or a recognized successor standard, and
must be worn according to the manufacturer's fitting and fastening instructions.



Why does the proposal require helmets for minors?
E-bikes and powered micromobility devices can be faster and heavier than traditional bicycles.
Columbus Nationwide Children's Hospital reports that e-bike injuries increased substantially from
2017 through 2022, including a sharp increase in head injuries, and emphasizes properly fitted
helmets and rider readiness.



Is there a minimum age to operate an e-bike or scooter?
The ordinance does not establish a minimum age for a Class 1 or Class 2 e-bike or for a privately
owned low-speed micromobility device. Ohio law prohibits anyone under 16 from operating a Class
3 e-bike. Ohio law also prohibits anyone under 14 from operating a Segway-type electric personal
assistive mobility device and requires direct adult supervision for an operator under 16.



May a child operate a Class 1 or Class 2 e-bike in the roadway?
The ordinance does not establish a minimum age for Class 1 or Class 2 e-bikes. A rider in the
roadway must nevertheless obey traffic laws and have the maturity and skill to operate safely.
Parents should carefully evaluate whether a child understands traffic signals, stop signs, yielding,
lane position, and intersection hazards.



May these devices carry passengers?
A passenger should ride only on a device specifically designed and equipped to carry one. Any
passenger under 18 on an e-bike, scooter, or Segway-type device must wear a qualifying helmet.
Mopeds may not carry passengers.



Can a parent or guardian be cited?
Yes. A parent, guardian, or legal custodian who knowingly permits a minor in their care to violate the
proposed helmet requirement may be cited.



Does the helmet rule apply on private residential property?
No. The ordinance expressly exempts operation on private residential property from the proposed
City helmet section. Other safety rules, owner restrictions, and state laws may still apply.

5. Equipment, Licensing, and Enforcement


Do e-bikes and electric scooters require a driver's license or registration?
A qualifying e-bike, low-speed micromobility device, or electric personal assistive mobility device
generally does not require a driver's license or motor-vehicle registration. Mopeds and devices that

legally qualify as motorcycles or other motor vehicles are subject to different licensing, registration,
and equipment requirements.


Do all devices need a speedometer?
No. Ohio law requires a Class 3 e-bike to have a speedometer. The ordinance does not create a
universal speedometer requirement for traditional bicycles, Class 1 or Class 2 e-bikes, electric
scooters, or Segway-type devices.



What lighting is required at night?
Ohio law requires bicycles and e-bikes used at night to have a visible white front light and red rear
reflector and light. Low-speed micromobility devices and Segway-type devices must have, or the
operator must wear, a qualifying white front light and red rear reflector. Riders should also wear
bright or reflective clothing.



Can police stop a minor solely for not wearing a helmet?
Yes. The ordinance makes the helmet requirement a primary offense, meaning an officer may stop
an operator for the helmet violation even when no other traffic violation is observed.



What are the penalties?
Most violations created or amended are classified as minor misdemeanors. Existing repeat-offense
provisions associated with unauthorized sidewalk operation may increase the offense level in certain
circumstances.



How can a minor without identification be cited?
The ordinance does not require minors riding qualifying e-bikes or scooters to carry a driver's
license and does not create a special identification system. Identification, parent notification, and
juvenile enforcement would follow ordinary police procedures and departmental policy.



Does the proposal authorize police to seize or impound a bike or scooter?
The ordinance does not establish a general local seizure or impoundment program for these
devices. Existing state law or other lawful authority may apply in particular circumstances.



How should unsafe riding be reported?
For an immediate emergency, collision, or dangerous conduct creating an imminent threat, call 911.
For non-emergency unsafe riding, contact Sunbury Police Dispatch at 740-965-1411. Provide the
location, direction of travel, device description, number of riders, and a description of the conduct
when it is safe to do so. Do not pursue or confront a rider.

6. Special Situations and Additional Questions


Does the ordinance restrict wheelchairs or disability-related mobility devices?
No. A motorized wheelchair or equivalent disability-related mobility device is legally distinct from an
electric personal assistive mobility device. Under Ohio law, a person using a motorized or nonmotorized wheelchair or equivalent device is treated as a pedestrian. The proposal does not change
those protections.



Does the ordinance authorize golf carts on City streets, sidewalks, or paths?
No. Golf carts are not e-bikes, low-speed micromobility devices, or Segway-type devices, and this
proposal does not authorize their operation. Separate state and local rules govern under-speed
vehicles and golf carts.



Does the ordinance control e-bikes or scooters on school property?

The proposal does not establish school-property rules. The school district may adopt additional
policies for parking, charging, storage, arrival and dismissal, and use on school grounds.


Will the City install signs or publish a map?
The City is exploring education and outreach to include signage, route information, deviceclassification examples, and education for parents and young riders.



When will the final rules take effect?
The rules takes effect 30 days from the final reading and Council approval of the ordinance.

ORDINANCE NO. 2026.24
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A RENEWAL
AGREEMENT WITH THE OHIO DEPARTMENT OF NATURAL RESOURCES
DIVISION OF WILDLIFE FOR PROVISION OF A FISHERIES MANAGEMENT
PROGRAM AT THE CITY OF SUNBURY UPGROUND RESERVOIRS
WHEREAS, on March 2, 2017, Sunbury Village Council approved Ordinance
2017-02 authorizing a renewal agreement with the Ohio Department of Natural Resources
Division of Wildlife for Provision of a fisheries management program at the Village of Sunbury
upground reservoirs; and
WHEREAS, pursuant to Ordinance 2021.20 and Ordinance 2022.17 Council approved
subsequent renewals of said agreement; and
WHEREAS, the city of Sunbury now wishes to enter into another renewal agreement for
a subsequent four year term commencing on the approval of this Ordinance.
NOW, THEREFORE, BE IT ORDAINED by the Council for the City of Sunbury,
Delaware County, State of Ohio as follows:
SECTION I: The City Manager is hereby authorized to enter into a renewal fishing
agreement with the Ohio Department of Natural Resources Division of Wildlife for provision of
fisheries management services for a term of four years to commence upon on the execution of
said agreement. A copy of said agreement is attached hereto as Exhibit “A”.
SECTION II: It is found and determined that all formal actions of this Council
concerning and relating to the adoption of this Ordinance were adopted in an open meeting of
this Council, and that all deliberations of this Council and of any of its committees that resulted
in such formal actions were meetings open to the public, and in compliance with all legal
requirements, including Section 121.22 of the Ohio Revised Code.
WHEREFORE, this Ordinance shall take effect and be in force from and after the earliest
time permitted by law.

VOTE ON ORDINANCE NO. 2026.24

YEAS

NAYS

PASSED: ____________________, 2026

_____________________________________
Joseph St. John, Mayor
ATTEST:
__________________________________
Mindy Groves, Clerk of Council

CERTIFICATION
I hereby certify on this _________ day of ________________, 2026, that the foregoing is a true
and accurate copy of the Ordinance passed at the meeting held on __________________, 2026, of
the City of Sunbury, County of Delaware, State of Ohio.
_________________________________________
Mindy Groves, Clerk of Council