Granville Community Calendar

Ordinance 17-1986

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By:
AjA j
AN ORDINANCE TO AMEND CHAPTER 337 OF THE CODE OF ORDINANCES OF
THE VILLAGE OF GRANVILLE PROHIBITING THE OPERATION OF OR RIDING
IN A MOTOR VEHICLE WITHOUT WEARING AN OCCUPANT RESTRAINING DEVICE
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF GRANVILLE OHIO:
Section I: That section 337. 27 of the Code of Ordinances of
Granville, Ohio is hereby established as follows:
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 Transportation
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 its operator, who is occupying
a seating position for which an occupant restraining
device is provided.
4) Commercial tractor,"p a"ssenger car, W
and "Commercial, car" have the same meaning as
provided in Ohio Revised Code 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 either 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 a
properly adjusted occupant restraining device.
ORDINANCE NO. 17-86
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Ordinance No. 17-86
Page 2
C) Subsection (b) (3) hereof does not apply to a
person who is required by Section 337. 26 to be
secured in a child restraint device. Subsection
b) (1) hereof does not apply to a person who is
an employee of the United States Postal Service or
ofa newspaper home delivery service, during any
period in which the person is engaged in the
operation of an automobile to deliver mail or
newspapers to addresses. Subsection (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 Revised Code
Chapter 4731, or a Chiropractor licensed to
practice in this State under Ohio Revised Code
Chapter 4734 that states that the person has a
physical impairment that makes use of an occupant
restraining device impossible or impractical.
Subsection (b) of this section 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 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.
f) 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 proves to the court, by
a preponderance of the evidence, that he, before
the scheduled court appearance indicated on the
citation issued tohim, 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
opportunities for viewing the films or videotapes.
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Ordinance No. 17-86
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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 (h) or (i) hereof if
either of the following applies:
1) The defendent fails to appear at the
scheduled court appearance and is
convicted of the offense;
2) The defendent fails to prove 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.
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
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 prosecution for a violation of subsection (b)
hereof. (ORC 4513. 263)
h) Whoever violates subsection (b) (1) hereof
shall be fined twenty dollars (2$0.00).
ORC 4513. 99(F))
i) Whoever violates subsection (b)( 2) hereof
shall be fined ten (1$0.00).O R(C 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 and the dismissal and waiver provisions
contained in subsection (f) 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 with and prosecuted
for an offense arising out of the violation.
Ordinance No. 17-86
Page 4
Section II:
Passed this
This ordinance shall take effect and be in force
from and after the earliest date allowed by law.
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Clib4,Q. 1/U))L Clerk of tounciI
Approved as to form:
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Law Director
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