§ 70.056. OCCUPANT PROTECTION SYSTEM.

(A) Definition. For purposes of this section, OCCUPANT PROTECTION SYSTEM shall mean a system utilizing a lap belt, shoulder belt or any combination of belts installed in a motor vehicle which restrains drivers and passengers and conforms to Federal Motor Vehicle Safety Standards, 49 C.F.R. pt. 571.208, 571.209, and 571.210, to the Federal Motor Vehicle Safety Standards for passenger restraint systems applicable for the motor vehicle’s model year or other safety standards which may be hereafter promulgated by the Federal Government.

(B) Occupant protection system required. Every motor vehicle designated by the manufacturer as a 1973 model or later which is driven or operated on any highway, road, street or alley shall be equipped with an occupant protection system of a type which does the following.

(1) Meets the requirements of the Federal Motor Vehicle Safety Standards referenced in division (A) of this section as such regulations currently exist or as the regulations existed when the occupant protection system was originally installed by the manufacturer.

(2) If the occupant protection system has been replaced, meets the requirements of the Federal Motor Vehicle Safety Standards referenced in division (A) of this section that applied to the originally installed occupant protection system or of a more recently issued version of the regulations. The purchaser of any such vehicle may designate the make or brand or furnish the occupant protection system to be installed.

(3) This division (B) shall not apply to farm tractors and implements of husbandry designed primarily or exclusively for use in agricultural operations, motorcycles, motor-driven cycles, mopeds or buses.

(C) Use required. Except as provided in division (B)(3) of this section, no driver shall operate a motor vehicle upon a highway, street, alley or road of this City unless the driver and each front seat occupant in the vehicle are wearing occupant protection systems and all occupant protection systems worn or used are properly adjusted and fastened.

(D) Exceptions. The following persons shall not be required to wear an occupant protection system:

(1) A person who possesses written verification from a physician that the person is unable to wear an occupant protection system for medical reasons;

(2) A rural letter carrier of the United States Postal Service while performing that person’s duties as a rural letter carrier between the first and last delivery points; and

(3) A member of an ambulance or rescue service unit while involved in patient care.

(E) Penalty. Any person who violates this section shall be fined $25. Regardless of the number of persons in the vehicle not wearing an occupant protection system pursuant to division (C) of this section, only one violation shall be assessed against the driver of the motor vehicle for each time the motor vehicle is stopped and a violation of division (C) of this section is found.

(F) Enforcement. Enforcement of this section shall be accomplished only as a secondary action when a driver of a motor vehicle has been cited or charged with a violation of some other offense.

(‘63 Code, § 10-5-34) (Ord. 98-27, passed 7-20-98)