(a) When any person is transporting a child under the age of four (4) years in a noncommercial 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 on the roadways, streets or highways such person shall be responsible for providing for the protection of such child by properly securing him or her in a child restraint system, except in cases of medical emergency. The parent or legal guardian of a child under the age of four (4) years shall provide a child restraint system to any person who transports his or her child. Any person who transports the child of another shall not be in violation of this section unless a child restraint system was provided by the parent or legal guardian but not used to transport the child.
For purposes of this section, "child restraint system" means any device which meets the standards of the United States department of transportation designed to restrain, seat or position children.
(b) Every person transporting a child four (4) years of age or older but under the age of six (6) shall be responsible for securing the child in either a child restraint system or seat belts, except in cases of medical emergency.
(c) The police department shall patrol the public highways and make arrests for a violation of this section. Police officers shall make arrests for violation of this section occurring upon the highway within the limits of the village.
(d) The provisions of this section shall not apply to a child passenger with a physical handicap of such a nature as to prevent appropriate restraint in such seat, provided that such handicap is duly certified by a physician who shall state the nature of the handicap, as well as the reason the restraint is inappropriate. (Ord. 0-92-10, 3-2-1992)