(a) As used in this section and in Section 303.99 of this Code:
(1) "Automobile" means any commercial tractor, passenger car, commercial vehicle, commercial car, or truck that is required to be factory-equipped with an occupant restraining device for the operator or any passenger by regulations adopted by the United States Secretary of Transportation pursuant to the "National Traffic and Motor Vehicle Safety Act of 1966," 80 Stat. 719, 15 U.S.C.A. 1392.
(2) "Occupant restraining device" means a seat safety belt, shoulder belt, harness, or other safety device for restraining a person who is an operator of or passenger in an automobile and that satisfies the minimum federal vehicle safety standards established by the United States Department of Transportation.
(3) "Passenger" means any person in an automobile, other than its operator, who is occupying a seating position for which an occupant restraining device is provided.
(4) "Commercial tractor," commercial vehicle," and "commercial car" have the same meanings as in Section 301.08 of the Toledo Municipal Code, and "passenger car" has the same meaning as in Section 4501.01 of the Ohio Revised Code.
(b) No person shall do any of the following:
(1) Operate an automobile on any street or highway unless he is wearing all of the available elements of a properly adjusted occupant restraining device, or operate a school bus that has an occupant retraining device installed for use in its operator's seat unless he is wearing all of the available elements of the device, as properly adjusted;
(2) Operate an automobile on any street or highway unless each passenger in the automobile who is subject to the requirement set forth in division (b)(3) of this section 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 on any street or highway unless he is wearing all of the available elements of a properly adjusted occupant restraining device;
(4) Operate a taxicab on any street or highway unless all factory-equipped occupant restraining devices in the taxicab are maintained in usable form.
(c) Division (b)(3) of this section does not apply to a person who is required by Section 337.33 of the Toledo Municipal Code to be secured in a child restraint device. Division (b)(1) of this section 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. Division (b)(1) and (3) of this section do not apply to a person who has an affidavit signed by a physician licensed to practice in this State under Chapter 4731 of the Ohio Revised Code or a chiropractor licensed to practice in this state under Chapter 4734 of the Ohio Revised Code that states that the person has a physical impairment that makes use of an occupant restraining device impossible or impractical.
(Ord. 638-95. Passed 10-10-95.)