(a) As used in this section:
(1) “Sobriety checkpoint” has the same meaning as set forth in Section 337.272(a)(2) of the Traffic Code.
(2) “Sobriety checkpoint area” has the same meaning as set forth in Section 337.272(a)(3) of the Traffic Code.
(b) When any child who is in either or both of the following categories is being transported into and/or through a sobriety checkpoint area in a motor vehicle, other than a taxicab or public safety vehicle that is required by the United States Department of Transportation to be equipped with seat belts at the time of manufacture or assembly, the operator of the motor vehicle shall have the child properly secured in accordance with the manufacturer’s instructions in a child restraint system that meets federal motor safety standards:
(1) A child who is less than four years of age;
(2) A child who weighs less than forty pounds.
(c) When any child who is in either or both of the following categories is being transported in a motor vehicle, other than a taxicab, that is owned, leased or otherwise under the control of a nursery school, kindergarten or day-care center, the operator of the motor vehicle shall have the child properly secured in accordance with the manufacturer’s instructions in a child restraint system that meets federal motor vehicle safety standards:
(1) A child who is less than four years of age;
(2) A child who weighs less than forty pounds.
(d) When any child who is at least four years of age but not older than fifteen years of age is being transported into and/or through a sobriety checkpoint area in a motor vehicle, other than a taxicab or public safety vehicle as defined in Ohio R.C. 4511.01, that is required by the United states Department of Transportation to be equipped with seat belts at the time of manufacture or assembly, the operator of the motor vehicle shall have the child properly restrained either in accordance with the manufacturer’s instructions in a child restraint system that meets federal motor vehicle safety standards or in an occupant restraining device as defined in Ohio R.C. 4513.263.
(e) The Ohio Director of Public Safety shall adopt such rules as are necessary to carry out this section.
(f) The failure of an operator of a motor vehicle to secure a child in a child restraint system as required by this section is not negligence imputable to the child, is not admissible as evidence in any civil action involving the rights of the child against any other person allegedly liable for injuries to the child, is not to be used as a basis for a criminal prosecution of the operator of the motor vehicle other than a prosecution for a violation of this section, and is not admissible as evidence in any criminal action involving the operator of the motor vehicle other than a prosecution for a violation of this section.
(g) This section does not apply when an emergency exists that threatens the life of any person operating a motor vehicle to whom this section otherwise would apply or the life of any child who otherwise would be required to be restrained under this section.
(h) All fines collected for violation of subsections (b), (c) or (d) hereof shall be forwarded to the Finance Director to be deposited into the Sobriety Checkpoint and Education Fund.
(i) (1) Whoever violates subsection (b), (c) or (d) of this section shall be punished as follows:
A. Except as otherwise provided in subsection (i)(1)B. of this section, the offender is guilty of a minor misdemeanor.
B. If the offender previously has been convicted of or pleaded guilty to a violation of this section or of Ohio R.C. 4511.81(A), (B) or (C) or of a municipal ordinance that is substantially similar to either of those subsections, the offender is guilty of a misdemeanor of the fourth degree.
(Ord. 2007-113. Passed 5-21-07.)
(Ord. 2007-113. Passed 5-21-07.)