047-86 Ordinance
[ . (i RECORD OF ORDINANCES 043
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National Graphics Corp.. Cols., O. ~ Form No. 2806-A
Ordinance N 0 .______iJ.!__~~______ P assed____ _ ___ __________________________________19_____ __
AN ORDINANCE REQUIRING THE DRIVERS
AND PASSENGERS OF AN AUTOMOBILE TO
WEAR SEAT BELTS AND SETTING FORTH
THE PENALTY THERETO PURSUANT TO
SECTION 337.27.
WHEREAS, drivers and passengers of an automobile need to be protected
from unknown dangers while operating and/or occupying a motor vehicle;
and
WHEREAS, the Council of the Village has determined that said drivers
and passengers of an automobile need to be protected from said
unknown dangers while operating and/or occupying a motor vehicle,
as there is a danger to the safety, health, and welfare of the
Village residents and the occupants of an automobile.
NOW, THEREFORE BE IT ORDAINED by the Council of the Village of Dublin,
State of Ohio, 6 members concurring that:
337.27 DRIVERS AND PASSENGERS REQUIRED TO WEAR SEAT BELTS, PENALTY.
(a) As used in this section:
(1) "Automobile" means any commercial tractor, passenger
car, commercial car or truck that is required to be
factory-equipped with an occupant restraining device
for the operator or any passenger by regulations
adopted by the United States Secretary of Transporta-
tion pursuant to the "National Traffic and Motor Vehicle
Safety Act of 1966", 80 Stat. 719, 15 U.S.C.A. 1392.
(2) "Occupant restraining device" means a seat safety
belt, shoulder belt, harness or other safety device
for restraining a person who is an operator of or
passenger in an automobile and that satisfies the
minimum Federal vehicle safety standards established
by the United States Department of Transportation.
(3) "Passenger" means any person in an automobile, other
than it s operator, who is occupying a seating
position for which an occupant restraining device is
provided.
(4) "Commercial tractor", "passenger car", and "commercial
car" have the same meaning as provided in Ohio R.C.,
4501.01.
(5) "Vehicle" and "motor vehicle", as used in the
definitions of the terms set forth in subsection
(a)(4) hereof, have the same meaning as provided
in Chapter 301.
(b) No person shall do any of the following:
(1) Operate an automobile on any street or highway unless
he is wearing all of the available elements of a
properly adjusted occupant restraining device, or
operate a school bus that has an occupant restraining
device installed for use in its operator's seat unless
he is wearing all of the available elements of the
device, as properly adjusted.
(2 ) Occupy, as a passenger, a seating position on the front
seat of an automobile being operated on any street
or highway unless he is wearing all of the available
elements of the device, as properly adjusted.
RECORD OF ORDINANCES 065
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National Graphics Corp., Cols., O. ~ Form No. 2806-A
Ordinance No ._______47.'0:.8.6_______ P assed______________ _______________________________19_______
Page Two
(c) Subsection (b)(2) hereof does not apply to a person who
is required by Section 337.26 to be secured in a child
restraint device. Subsection (b)(l) hereof does not apply
to a person who is an employee of the United States Postal
Service or of a newspaper home delivery service, during any
period in which the person is engaged in the operation of an
automobile to deliver mail or newsoaoers to addresses. Sub-
sections (b)(1) and (2) hereof do not apply to a person who
has an affidavit signed by a physician licensed to practice
in this State under Ohio R.C. Chapter 4731 or a chiropractor
licensed to practice in this State under Ohio R.C. Chapter
4734 that states that the person has a physical impairment
that makes use of an occupant restraining device impossible
or impractical. Subsection (b) hereof does not apply to an
operator of or a passenger in an automobile who is protected
by an automatic air cushion restraint system.
(d) Notwithstanding any provision of law to the contrary, no law
enforcement officer shall cause an operator of an automobile
being operated on any street or highway to stop the automobile
for the sole purpose of determining whether a violation of
Subsection (b) hereof has been or is being committed or for
the sole purpose of issuing a ticket, citation, or summons
for such a violation or for causing the arrest of or commencing
a prosecution of a person for such a violation, and no law
enforcement officer shall view the interior or visually inspect
any automobile being operated on any street or highway for
the sole purpose of determining whether such a violation has
been or is being committed.
(e) All fines collected for violations of Subsection (b) hereof
shall be forwarded to the Treasurer of State for deposit in
the Seat Belt Education Special Account.
(0 A court in which a charge against a person for violation of
Subsection (b) hereof is pending shall dismiss the charge,
and shall waive any fine if the person provides to the court,
by a preponderance of the evidence, that he, before the
scheduled court appearance indicated on the citation issued
to him, viewed one of the films or videotapes prepared or
acquired by the Department of Highway Safety as part of its
seat belt education program. In coordination with the Department
of Highway Safety's seat belt safety program, a court charged
with enforcement of Subsection (b) hereof shall advise persons
charged with a violation of Subsection (b) hereof of opportuni-
ties for viewing the films or videotapes.
A court in which a charge against a person for violation of
Subsection (b) hereof is pending shall not dismiss the charge
and shall impose the fine levied by Subsection (b) hereof if
either of the following applies:
(1) The defendant fails to appear at the scheduled court
appearance and is convicted of the offense;
(2) The defendant fails to provide by a preponderance of the
evidence, that he has viewed a seat belt education film
or videotape in accordance with this section and is
convicted of the offense.
. RECORD OF ORDINANCES
047
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National Graphics Corp., Cols., O. ~ Form No. 2806-A
Ordinance N 0 .______~'7:-:~fJ_______ P assed_________________ ______________n________ ____19______
Page Three
(g) A person's failure to wear all of the available elements
of a properly adjusted occupant restraining device or to
ensure that each passenger of an automobile being
operated by the person is wearing all of the available
elements of such a device, in violation of subsection (b)
hereof, shall not be considered or used as evidence of
negligence or contributory negligence, shall not diminish
recovery for damages in any civil action involving the
person arising from the ownership, maintenance, or
operation of an automobile, shall not be used as a basis
for a criminal prosecution of the person other than a
prosecution for a violation of this section, and shall not
be admissible. as evidence in any civil or criminal action
involving the person other than a prosectuion for a
violation of subsection (b) hereof.
(h) Whoever violates subsection (b)(l) hereof shall be fined
twenty dollars ($20.00) (4513.99(F))
(i) Whoever violates subsection (b)(2) hereof shall be fined
ten dollars ($10.00). (ORC 4513.99(H)).
( j ) Notwithstanding any provision of law to the contrary, no
person who at any time before July 6, 1986, violates
subsection (b) hereof shall be issued a ticket. citation.
or summons in relation to the violation or be arrested for
the violation. Instead, the person shall be issued a
written warning that may contain a summary of the
prohibitions contained in subsection (b) hereof, the
penalties for violation of those prohibitions, and the
dismissal and waiver of provisions contained in subsection
(d) hereof. may explain that the person was in violation
of one or more of those prohibitions but is not being
charged with any offense arising out of that violation
or those violations, and may contain a warning that
indicates that any person who violates any of those
prohibitions on or after July 6, 1986, will be charged
and prosecuted for an offense arising out of the violation.
(k) This ordinance shall take effect and be in force from and
after the earliest period permitted by law.
Passed this 21st day of July , 1986.
~
Mayor - Presiding Officer
Attest:
-A) ~ W-~
~,
C'1erk of Cou cil
I hereb certify that copies of this Ordinance/Resoluti~n
were pos~ed in the Village of Dubl:n In acCvrdance With
Section 731.25 of the Ohio ReVised Code.
3),//- ~t/7 Lrn. tI~
Clerk 01 Council / \