(a) As used in this section:
(1) “Automobile,” “occupant restraining device,” “passenger,” “commercial tractor,” and “vehicle” have the same meaning as set forth under Section 337.271(a) of the Traffic Code.
(2) “Sobriety checkpoint” means a publicized checkpoint conducted within the City of Bedford Heights by the City of Bedford Heights Division of Police pursuant to their Sobriety Checkpoint Program and Operating Procedure whereat every driver must travel through and a police officer will make a quick determination of the driver’s condition and as to any traffic and other violations and is subject to being stopped.
(3) “Sobriety checkpoint area” means the area set aside by the Bedford Heights Police Department at which time and place a sobriety checkpoint is actually being conducted.
(b) No person shall do either of the following:
(1) Operate an automobile when traveling into and through a sobriety checkpoint area unless that person is wearing all of the available elements of a properly adjusted occupant retraining device, or operate a school bus that has an occupant restraining device installed for use in its operator’s seat unless that person is wearing all of the available elements of the device, as properly adjusted;
(2) Operate an automobile when traveling into and through a sobriety checkpoint area unless each passenger in the automobile who is subject to the requirement set forth in subsection (b)(3) hereof is wearing all of the available elements of a properly adjusted occupant restraining device;
(3) Occupy, as a passenger, a seating position on the front seat of an automobile being operated when traveling into and through a sobriety checkpoint area unless that person is wearing all of the available elements of a properly adjusted occupant restraining device;
(4) Operate a taxicab when traveling into and through a sobriety checkpoint area unless all factory-equipped occupant restraining devices in the taxicab are maintained in usable form.
(c) Subsection (b)(3) hereof does not apply to a person who is required by Section 337.26 to be secured in a child restraint device. Subsection (b)(1) hereof does not apply to a person who is an employee of the United States Postal Service or of a newspaper home delivery service, during any period in which the person is engaged in the operation of an automobile to deliver mail or newspapers to addresses. Subsections (b)(1) and (3) hereof do not apply to a person who has an affidavit signed by a physician licensed to practice in this State under Ohio R.C. Chapter 4731 or a chiropractor licensed to practice in this State under Ohio R.C. Chapter 4734 that states that the person has a physical impairment that makes use of an occupant restraining device impossible or impractical.
(d) All fines collected for violations of subsection (b) hereof shall be forwarded to the Finance Director to be deposited into the Sobriety Checkpoint and Education Fund.
(e) The failure of a person to wear all of the available elements of a properly adjusted occupant restraining device or to ensure that each passenger of an automobile being operated by the person is wearing all of the available elements of such a device when traveling into and through a sobriety checkpoint area, in violation of subsection (b) of this section, shall be subject to the limitations as to civil liability as found in Section 337.271(f) of the Traffic Code.
(f) (1) Whoever violates subsection (b)(1) of this section shall be fined thirty dollars ($30.00).
(2) Whoever violates subsection (b)(3) of this section shall be fined twenty dollars ($20.00).
(3) Except as otherwise provided in this subsection, whoever violates subsection (b)(4) of this section is guilty of a minor misdemeanor. If the offender previously has been convicted of or pleaded guilty to a violation of subsection (b)(4) of this section, whoever violates subsection (b)(4) of this section is guilty of a misdemeanor of the third degree.
(Ord. 2007-113. Passed 5-21-07.)