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CITY OF NORTH OLMSTED <br />ORDINANCE NO. 2013 - 90 <br />BY: Council President Jones <br />AN ORDINANCE AMENDING SECTION 337.26 OF THE TRAFFIC CODE <br />OF THE CITY OF NORTH OLMSTED ENTITLED "CHILD RESTRAINT <br />SYSTEM USAGE" IN ORDER TO (1) ELIMINATE THE PROVISION THAT <br />THE FAIL URE TO PROPERL Y RESTRAIN MUL TIPLE CHILDREN IN A <br />SINGLE EVENT CONSTITUTES A SINGLE OFFENSE; (2) INCREASE <br />THE MAXIMUM FINE; AND (3) MAKE A VIOLATION A PRIMARY <br />OFFENSE. <br />WHEREAS, the Codified Ordinances of the City of North Olmsted currently contain an <br />exemption from more than one prosecution for failure to utilize a child restraint system in the <br />event that an individual fails to properly restrain multiple children in the same vehicle, at the <br />same time; and <br />WHEREAS, the current fine for a violation of 337.26 is not less than $35.00 tior more <br />than $75.00 per violation; and <br />WHEREAS, failing to properly restrain a child is not currently a primary offense for <br />which a violator could be stopped in the absence of any other offense; and <br />WHEREAS, it is the recommendation of Council President Jones that Section 337.26 of <br />the Codified ordinances of the City of North Olmsted be amended to allow for (1) multiple <br />charges for multiple violations occurring with more than one child at the same time; (2) to <br />increase the maximum fine to $150.00; and (3) to allow the police to execute a stop upon <br />reasonable suspicion that this provision, standing alone, is being violated; and <br />WHEREAS, it is the desire of this Council to amend the Code for the reasons set forth <br />herein. <br />NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF <br />NORTH OLMSTED, CUYAHOGA COUNTY, AND STATE OF OHIO: <br />SECTION 1: That section 337.26 of the Traffic Code which presently reads as follows: <br />337.26 CHILD RESTRAINT SYSTEM USAGE. <br />(a) When any child who is in either or both of the following categories is being <br />transported in a motor vehicle, other than a taxicab or public safety vehicle as defined in Ohio <br />R.C. 4511.01, that is required by the United States Department of Transportation to be equipped <br />with seat belts at the time of manufacture or assembly, the operator of the motar vehicle shall