2002-136 Ordinance - Laserfiche WebLink

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Ordinance No. 2002-136 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 this section. (2) If, at the time of an accident involving a passenger car equipped with occupant restraining devices, any occupant of the passenger car who sustained injury or death was not wearing an available occupant restraining device, was not wearing all of the available elements of such a device, or was not wearing such a device as properly adjusted, then, consistent with the Rules of Evidence, the fact that the occupant was not wearing the available occupacrt restraining device, was not wearing all of the elements of such a device, or was not wearing such a device as properly adjusted is admissible in evidence in relation to any claim for relief in a tort action to the extent that the claim for relief satisfies all of the following: A. It seeks to recover damages for injury or death to the occupant. B. The defendant in question is the manufacturer, designer, distributor or seller of the passenger car. C. The claim for relief against the defendant in question is that the injury or death sustained by the occupant was enhanced or aggravated by some design defect in the passenger car or that the passenger car was not crashworthy. (3) As used in subsection (ef)(2) of this section, "tort action" means a civil action for damages for injury, death, or loss to persons or property. "Tort action" includes a product liability claim that is subject to Ohio R.C. 2307.71 to 2307.80, but not does not include a civil action for damages for a breach of a contract or another agreement between persons. (fg) Whoever violates subsection (b)(1) hereof shall be fined thirty dollars($30.00). (gh) Whoever violates subsection (b)(3) hereof shall be fined twenty dollars ($20.00)." SECTION 2: That any Ordinance, or part of Ordinance, inconsistent or in conflict with this Ordinance, or any part of this Ordinance, is, to the extent of any such inconsistency or conflict, repealed. SECTION 3: That this Ordinance is hereby declared to be an emergency measure immediately necessary for the preservation of the public health, safety and welfare, and for the reason that it is necessary that this Ordinance go into effect immediately so that injuries and fatalities in traffic accidents may be reduced at the earliest possible time in the City of North Olmsted, and further provided it receives the affirmative vote of two- thirds of all members of Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor. 6