(a) The operation of under-speed or utility vehicles or mini-trucks is hereby authorized on the public streets and highways of the City of Wapakoneta where the posted speed limit is 35 miles per hour or under.
(b) Any vehicle owner who wishes to operate an under-speed or utility vehicle or a mini-truck on the public streets or highways of the City must submit the vehicle to an inspection conducted by a local law enforcement agency that complies with inspection requirements established by the Department of Public Safety under R.C. § 4513.02.
(c) Operation on public streets or highways as contemplated in this section is limited to those vehicles that successfully pass the required vehicle inspection, are registered in accordance with R.C. Chapter 4503, and are titled in accordance with R.C. Chapter 4505.
(d) Any such under-speed or utility vehicle must be equipped with an occupant restraining device, regardless of whether the United States Department of Transportation requires said under-speed or utility vehicle to be equipped therewith.
(e) No person shall do any of the following:
(1) Operate an under-speed vehicle, utility vehicle, or mini-truck on any street or highway unless he or she is wearing all of the available elements of a properly adjusted occupant restraining device.
(2) Operate an under-speed vehicle, utility vehicle, or mini-truck on any street or highway unless each passenger in the automobile who is subject to the requirement set forth in division (e)(3) of this section is wearing all of the available elements of a properly adjusted occupant restraining device.
(3) Occupy, as a passenger or driver, in any seating position of an under-speed vehicle or utility vehicle being operated on any street or highway unless he or she is wearing all of the available elements of a properly adjusted occupant restraining device.
(4) Whoever violates this section is guilty of a minor misdemeanor. If within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
(f) The laws of the State of Ohio applying to motor vehicles shall be applicable to the under-speed vehicles, utility vehicles, or mini-trucks contemplated by this section.
(Res. 2021-25R. Passed 5-3-21.)