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047-86 Ordinance [ . (i RECORD OF ORDINANCES 043 \ 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 . 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 . 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 / \