(A) Definitions: The following words and phrases when used in this section shall, for the purpose of this section, have the meanings respectively ascribed to them in 625 Illinois Compiled Statutes 5/101 et seq.: "driver", "motor vehicle", "passenger car", "motorcycle", "operator" or "roadway". (Ord. 568, 3-11-1998)
(B) Violations, Exceptions, Penalties, Applicability:
1. Each driver and front seat passenger of a motor vehicle operated on a street or highway roadway in this state 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 the child passenger protection act 1 . Each driver under the age of eighteen (18) years and each of the driver's passengers under the age of eighteen (18) years of a motor vehicle operated on a street or highway in this state shall wear a properly adjusted and fastened seat safety belt. Each driver of a motor vehicle transporting a child six (6) years of age or more, but less than sixteen (16) years of age, in the front seat of the motor vehicle shall secure the child in their properly adjusted and fastened seat safety belt. (Ord. 575, 11-14-2001)
2. The provisions of this section shall not apply to any of the following:
(a) A driver or passenger frequently stopping and leaving the vehicle for roadway maintenance or roadway construction, if the speed of the vehicle between stops does not exceed fifteen (15) miles per hour.
(b) A driver or passenger possessing a written statement from a physician that such person is unable, for medical or physical reasons to wear a safety belt.
(c) A driver or passenger possessing an official certificate or license endorsement issued by the appropriate agency in another state or county indicating that the driver or passenger is unable for medical, physical, or other valid reasons to wear a safety belt.
(d) A driver operating a motor vehicle in reverse.
(e) A motor vehicle with a model year prior to 1965.
(f) A motorcycle.
(g) A motor vehicle which is not required to be equipped with safety belts under Federal law. (Ord. 568, 3-11-1998)
3. A violation of this section shall be a petty offense and subject to a fine not to exceed twenty five dollars ($25.00). (Ord. 575, 11-14-2001)
4. Failure to wear a seat 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. (Ord. 568, 3-11-1998)
5. Any Village police officer may not stop any motor vehicle, or driver or passenger of such vehicle solely on the basis of a violation or suspected violation of this section while such motor vehicle is being operated on any roadway within this jurisdiction. Any Village police officer may issue a violation of the seat belt ordinance as a companion ticket. (Ord. 568-B, 5-9-2001)
Notes
| 1 | 1. 625 ILCS 25/1 et seq. |