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Ordinance No. 2002-136 law which prohibits operators of and passengers in motor vehicles from failing to wear seat belts; and WHEREAS, said Section 337.27 is presently patterned after Section 4513.263 of the Ohio Revised Code, and provides that violations of its prohibitions are "secondary" offenses; and WHEREAS, it is the intent and desire of this Council, in light of the aforementioned NHTSA studies and findings, to amend Section 337.27 of the Traffic Code to make violations of its prohibitions a"primary" offense, in order to further the public health, safety and welfare of the community; and WHEREAS, the Director of Law has provided this Council with a written legal opinion that the City may lawfully exercise its home rule powers under Article XVIII, Section 3 of the Ohio Constitution to make violations of the City's local seat belt law a primary offense, even though State law continues to provide for violations of the State's seat belt law to be a secondary offense; NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORTH OLMSTED, CUYAHOGA COUNTY, AND STATE OF OffiO: SECTION 1: That Section 337.27 of the Traffic Code of the City of North Olmsted, which presently reads as follows: 337.27 DRIVERS AND PASSENGERS REQUIRED TO WEAR SEAT BELT5; PENALTY. (a) As used in this section: (1) "Automobile" means any commercial tractor, passenger car, commercial car ortruck 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," "passenger caz," and "commercial car" have the same meanings 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 meanings as provided in Chapter 301. (b) No person shall do either of the following: (1) Operate an automobile on any street or highway unless that person is wearing all of the available elements of a properly adjusted occupant restraining device, or operate a ?: