(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 of this chapter. 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) of this section 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 pedal cycle.
(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 subsection (a) of this section, 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.
(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. (Ord. 0-98-14, 4-6-1998)