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O-92-10ORDINANCE NO. 0-92-10 AN ORDINANCE AMENDING ARTICLE 13 OF CHAPTER 22 OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD OF 1975 Published in pamphlet form this 2nd day of March , 1992 by the President and Board of Trustees of Deerfield ORDINANCE NO. 0 -92 -10 AN ORDINANCE AMENDING ARTICLE 13 OF CHAPTER 22 OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD OF 1975 BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS AS FOLLOWS: SECTION That Article 13 of Chapter 22 of the Municipal ONE: Code of Deerfield of 1975, as amended, be and the same is hereby further amended by adding thereto Sections 2.2 -105A and 2- 2!04'65B as follows: "Sec. 22- -105A. Driver and Passenger Safety Seat Belts. (a) Each driver and front seat passenger of a motor vehicle operated on a street or highway shall wear a properly adjusted and fastened seat safety belt; except that, a child less than 6 years of age shall be protected as required pursuant to Section 22 -107 hereof. Each driver of a motor vehicle transporting a child 6 years of age or more, but less than 16 years of age, in the front seat of the motor vehicle shall secure the child in a properly adjusted and fastened seat safety belt. (b) Paragraph (a) shall not apply to any of the following: 1. A driver or passenger frequently stopping and leaving the vehicle or delivering property from the vehicle, if the speed of the vehicle between stops does not exceed 15 miles per hour. 2. A driver or passenger possessing a written statement from a physician that such person is unable, for medical or physical reasons, to wear a seat safety belt. 3. A driver or passenger possessing an official certificate or license endorsement issued by the appropriate agency in another state or country indicating that the driver is unable for medical, physical, or other valid reasons to wear a safety belt. 4. A driver operating a motor vehicle in reverse. ORDINANCE NO, 0 -92 -10 AN ORDINANCE AMENDING ARTICLE 13 OF CHAPTER 22 OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD OF 1975 5. A motor vehicle with a model year prior to 1965. 6.. A motorcycle or motor driven cycle. 7. A motorized pedalcycle. 8. A motor vehicle which is not required to be equipped with seat safety belts under federal law. (c) Failure to wear a seat safety belt in violation of this Section shall not be considered evidence of negligence, shall not limit the liability of an insurer, and shall not diminish any recovery for damages arising out of the ownership, maintenance, or operation of a motor vehicle. (d) No motor vehicle, or driver or passenger of such vehicle, shall be stopped or searched by any law enforcement officer solely on the basis of a violation or suspected violation of this Section." "Sec.N: -1058. Child Passenger/ Protection. (a) When any person is transporting a child under the age of 4 years in a non - commercial motor vehicle of the first division, a motor vehicle of the second division with a gross vehicle weight rating of 9,000 pounds or less, or a recreational vehicle on the roadways, streets or highways such person shall be responsible for providing for the protection of such child by properly securing him or her in a child restraint system, except in cases of medical emergency. The parent or legal guardian of a child under the age of 4 years shall provide a.child restraint system to any person who transports his or her child. Any person who transports the child of another shall not be in violation of this Section unless a child restraint system was provided by the parent or legal guardian but not used to transport the child. For purposes of this Section, "child restraint system" means any device which meets the standards of the United States Department of Transportation designed to restrain, seat or position children. ORDINANCE NO. 0 -92 -10 AN ORDINANCE AMENDING ARTICLE 13 OF CHAPTER 22 OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD OF 1975 (b)' Every person transporting a child 4 years of age or older but under the age of 6 shall be responsible for securing that child in either a child restraint system or seat belts, except in cases of medical emergency (c) The Police Department shall patrol the public highways and make arrests for a violation of this Act. Police officers shall make arrests for violation of this Act occurring upon the highway within the limits of the Village. (d) The provisions of this Act shall not apply a child passenger with a physical handicap of such a nature as to prevent appropriate restraint in such seat, provided that such handicap is duly certified by a physician who shall state the nature of the handicap, as well as the reason the restraint is inappropriate." SECTION That the Village Clerk is hereby directed to TWO: publish this Ordinance in pamphlet form. SECTION That this Ordinance shall be in full force and THREE: effect from and after its passage, approval and publication as provided by law. AYES: Ehlers, Marovitz, Rosenthal, Seidman, Swanson, Swartz (6) NAYS: None (0) ABSENT: None (0) PASSED: This 2nd day of March A.D., 1992 APPROVED: This 2nd day of March A.D., 1992. VILLAGE PRESIDENT (Pro Tem) �.