HomeMy WebLinkAboutOrdinances - MC-85-337 - 07/01/1985 - Ch 13 Traffic Seat Belt lawORDINANCE NO. MC-85-337
AN ORDINANCE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS:
SECTION 1. Chapter 13 of the Municipal Code, City of
McHenry, Illinois, commonly known as the Traffic Ordinance,
be and the same is hereby amended to add the following
provision as and for Section 13-1325 thereof:
"Section 13-1325. Driver and passenger required
to use safety belts, exceptions and penalty.
(a) Each driver and front seat passenger of a
motor vehicle operated on a street or highway in this
City 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 the
Child Passenger Protection Act. 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 appl y 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 val id 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.
8. A motor vehicle which is not required to
be equipped with seat safety belts under federal law.
9. A motor vehicle operated by a rural
letter carrier of the United States postal service
while performing duties as a rural letter carrier.
(c) Failure to wear a seat safety belt in
violation of this Section shall not be considered
evidence of negligence, shall not limit the 1 iabil ity
of an insurer, and shall not diminish any recovery for
damages arising out of the ownership, maintenance, or
operation of a motor vehicle.
SECTION 2. Any person, firm or corporation violating
any provision of this ordinance shall be fined not less
than $10.00 (Ten) nor more than Twenty Five Doll ars ($25.00)
for each offense committed on each day during, or on which,
a violation occurs or continues.
SECTION 3. A11 ordinances, or parts thereof, in
conflict with the terms and provisions hereof, be and the
same are hereby repealed to the extent of such conflict.
SECTION 4. This ordinance shall be published in
pamphlet form by and under the authority of the corporate
authorities of the City of McHenry, Illinois.
SECTION 5. This ordinance shall be in full force and
effect from and after its passage, approval and publication
in pamphlet form, as provided by law.
PASSED this 1st day of July , 1985.
AYES: Bolger, Lieder, McClatcheY, Snell, Teta
NAYS: Nolan
ABSTAINED: None
ABSENT: Smith, Serritella
NOT VOTING: None
APPROVED this 1st day of July
ATTEST:
CITY CLERK
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