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O-98-14k s. ORDINANCE NO. 0 -98 -14 AN ORDINANCE AMENDING ARTICLE 13 OF CHAPTER 22 OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD OF 1975 Published in pamphlet form this 7th day of April , 1998 by the President and Board of Trustees of Deerfield. JKS 177372 . 1 March 4, 1998 ORDINANCE NO. 0 -98- 14 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 Code of the Village of ONE: Deerfield of 1975, as amended, be and the same is hereby further amended by deleting Section 22 -105A in its entirety and substituting in lieu thereof the following: "Sec. 22 -105A. Driver and Passenger Safety Seat Belts. (a) All occupants of a motor vehicle of the first division, a motor vehicle of the second division with a gross vehicle weight rating of nine thousand (9,000) pounds or less, or a recreational vehicle operated on a street or highway shall wear a properly adjusted and fastened seat safety belt; except that a child less than six (6) years of age shall be protected as required pursuant to Section 22- 105B hereof. Each driver of a motor vehicle transporting a child six (6) years of age or more, but less than sixteen (16) years of age, shall secure the child in a properly adjusted and fastened seat safety belt. (b) Subsection (a) above 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 fifteen (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 seat safety belt. (4) A driver operating a motor vehicle in reverse. (5) A motor vehicle with a model year prior to 1965. (6) A motorcycle or motor driven cycle. (7) A motorized pedalcycle. JKS 177372 . 1 March 4, 1998 ORDINANCE NO. 0 -98- 14 AN ORDINANCE AMENDING ARTICLE 13 OF CHAPTER 22 OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD OF 1975 (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) Any police officer may stop any motor vehicle, as defined in section (a), or driver or passenger of such vehicle solely on the basis of a violation or suspected violation by either the driver or passenger failing to have. a fastened seat safety belt, in violation of this Section, while such motor vehicle is being operated on any roadway within the corporate limits of the Village of Deerfield. (e) Any citation issued for failure to wear a seat safety belt as required shall be issued to the individual failing to wear said seat safety belt, whether driver or passenger." SECTION That the Village Clerk is hereby directed to publish this Ordinance in TWO: pamphlet form. SECTION That this Ordinance shall be in full force and effect from and after its THREE: passage, approval and publication as provided by law. AYES: Ehlers, Rosenthal, Seidman, Swanson, Swartz (5) NAYS: Heuberger ABSENT: None (0 ) PASSED: This 6th APPROVED: This 6th A TTT V'r. (1) day of April A.D., 1998. day of April A.D., 1998. 4��� VILLAGE PRESIDENT JKS 177372 . 1 March 4, 1998 2