(A) When any child who is less than four years of age or weighs less than 40 pounds is being transported in a motor vehicle, other than a taxicab that is owned by his parent or legal guardian and is registered in this state, and the motor vehicle is required by the United States department of transportation to be equipped with seat belts at the time of manufacture or assembly, the operator of the motor vehicle shall have the child properly secured in accordance with the manufacturer’s instructions in a child restraint system that meets federal motor vehicle safety standards.
(B) When any child who is less than one year of age is being transported in a motor vehicle, other than a taxicab or public safety vehicle as defined in R.C. § 4511.01, that is registered in this state but is not owned by his parent or legal guardian, and the motor vehicle is required by the United States department of transportation to be equipped with seat belts at the time of manufacture or assembly, the operator of the motor vehicle shall have the child properly secured in accordance with the manufacturer’s instructions in a child restraint system that meets federal motor vehicle safety standards.
(C) When any child who is one year of age or older but is less than four years of age or weighs less than 40 pounds by the United States department of transportation to be equipped with seat belts at the time of manufacture or assembly, the operator of the motor vehicle shall have the child properly secured in accordance with the manufacturer’s instructions in a child restraint system that meets federal motor vehicle safety standards, if such a system is available. If such a child restraint is not available, the operator of the motor vehicle shall have the child properly secured in a lap belt, or if a lap belt is not available, in a seat belt.
(D) When any child who is less than four years of age or weighs less than 40 pounds is being transported in a motor vehicle, other than a taxicab, that is registered in this state and is owned, leased, or otherwise under the control of a nursery school, kindergarten or day-care center, the operator of the motor vehicle shall have the child properly secured in accordance with the manufacturer’s instructions in a child restraint system that meets federal motor vehicle safety standards.
(E) The director of public safety shall adopt such rules as are necessary to carry out this section, and may adopt rules establishing exemptions additional to those established in division (G) of this section if the director determines that use of a child restraint system, lap belt, or seat belt would be impractical because of a physical handicap of a child and if the additional exemptions are directly related to that impracticality.
(F) The failure of an operator of a motor vehicle to secure a child in a child restraint system, lap belt, or seat belt as required by this section is not negligence imputable to the child, is not admissible as evidence in any civil action involving the rights of the child against any other person allegedly liable for injuries to the child, is not to be used as a basis for a criminal prosecution of the operator of the motor vehicle other than a prosecution for a violation of this section, and is not admissible as evidence in any criminal action involving the operator of the motor vehicle other than a prosecution for a violation of this section.
(G) This section does not apply when an emergency exists that threatens the life of any person operating a motor vehicle to whom this section otherwise would apply or the life of any child who otherwise would be required to be restrained under this section.
(H) The court shall dismiss a charge brought against a person who is a resident of this state and is charged with a first violation of division (A), (B), (C) or (D) of this section, and may waive the costs, if the person proves to the court, by a preponderance of the evidence, that he, prior to the scheduled court appearance indicated on the citation issued to him, purchased, borrowed or rented for the period of time that the child involved in the alleged violation was or will be in the person’s care or custody, a child restraint system that meets federal motor vehicle safety standards. The court shall not dismiss a charge brought against the person and shall impose the applicable fine levied by R.C. § 4511.99(H) if the person fails to prove to the court, by a preponderance of the evidence, that he has properly purchased, borrowed, or rented a child restraint system in accordance with this division and is convicted of the offense.
(I) If a person who is a resident of this state is charged with a second violation of division (A), (B), (C) or (D) of this section and is convicted but proves to the court by a preponderance of the evidence that he, prior to the scheduled court appearance indicated on the citation issued to him, purchased, borrowed or rented for the period of time that the child involved in the violation was or will be in the person’s care or custody a child restraint system that meets federal motor vehicle safety standards, the court shall impose the applicable fine levied by R.C. § 4511.99(H). If the person fails to prove to the court by a preponderance of the evidence, that he has properly purchased, borrowed, or rented a child restraint system in accordance with this division, the court shall impose the applicable fine levied by R.C. § 4511.99(H).
(J) If a person who is not a resident of this state is charged with a violation of division (A), (B), (C) or (D) of this section and does not prove to the court, by a preponderance of the evidence, that his use or nonuse of a child restraint system was in accordance with the law of the state of which he is a resident, the court shall impose the fine levied by R.C. § 4511.99(I).
(Ord. 34-97, passed 12-10-97) Penalty, see § 70.99