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Ordinance No. 2002-136 <br />school bus that has an occupant restraining device installed for use in <br />its operator's seat unless that person is wearing all of the available elements of the device, <br />as properly adjusted; <br />(2) Operate an automobile on any street or highway unless each passenger in the <br />automobile who is subject to the requirement set forth in subsection (b)(3) hereof is <br />wearing all of the available elements of a properly adjusted occupant restraining device; <br />(3) Occupy, as a passenger, a seating position on the front seat of an automobile being <br />operated on any street or highway unless that person is wearing all of the available <br />elements of a properly adjusted occupant restraining device; <br />(4) Operate a taxicab on any street or highway unless all factory-equipped occupant <br />restraining devices in the taxicab are maintained in usable form. <br />(c) Subsection (b)(3) hereof does not apply to a person who is required by Section 337.26 <br />to be secured in a child restraint device. Subsectian (b)(1) hereof does not apply to a <br />person who is an employee of the United States Postal Service or of a newspaper home <br />delivery service, during any period in which the person is engaged in the operation of an <br />automobile to deliver mail or newspapers to addressees. Subsections (b)(1) and (3) hereof <br />do not apply to a person who has an affidavit signed by a physician licensed to practice in <br />this State under Ohio R. C. Chapter 4731 or a chiropraetor licensed to practice in this <br />State under Ohio R. C. Chapter 4734 that states that the person has a physical impairment <br />that makes use of an occupant restraining device impossible or impractical. <br />(d) Notwithstanding any provision of law to the contrary, no law enforcement officer <br />shall cause an operator of an automobile being operated on any street or highway to stop <br />the automobile for the sole purpose of determining whether a violation of subsection (b) <br />hereof has been or is being committed or for the sole purpose of issuing a ticket, citation <br />or summons far a violation of that nature or causing the arrest of or commencing a <br />prosecution of a person for a violation of that nature, and no law enforcement officer <br />shall view the interior or visually inspect any automobile being operated on any street or <br />highway for the sole purpose of determining whether a violation of that nature has been <br />or is being committed. <br />(e) All fines collected for violations of subsection (b) hereof shall be forwarded to the <br />Treasurer of State for deposit as provided in Ohio R.C. 4513.263. <br />(f) (1) Subject to subsection (f)(2) hereof, the failure of a person to wear a11 of the <br />available elements of a properly adjusted occupant restraining device or to ensure that <br />each passenger of an automobile being operated by the person is wearing all of the <br />available elements of such a device, in violation of subsection (b) of this section, shall not <br />be considered or used as evidence of negligence or contributory negligence; shall not <br />diminish recovery for damages in any civil action involving the person arising from the <br />ownership, maintenance, or operation of an automobile; shall not be used as a basis for a <br />criminal prosecution of the person other than a prosecution for a violation of this section; <br />and shall not be admissible as evidence in any civil or criminal action involving the <br />person other than a prosecution for a violation of this section. <br />. ? ?.,, ._ ?.._ ?,?. . . ,.. <br />?w ,a.ga?a?a, ,??k..G.„ .s_. ? , . . . . . . . .. .. . . .