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City of Rehoboth Beach, DE
Sussex County
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Table of Contents
Table of Contents
Code
New Laws (2) Index Notes (5)
[Added 3-13-1992 by Ord. No. 292-1]
[Amended 7-21-2008 by Ord. No. 0708-02]
A. 
Responsibilities of drivers.
(1) 
The driver of a motor vehicle operated on a street or highway in this City shall wear a properly adjusted and fastened seat belt which meets the applicable federal motor vehicle safety standards.
(2) 
The driver of a motor vehicle shall secure or cause to be secured in a properly adjusted and fastened seat belt system, as defined by the applicable federal motor vehicle safety standards, each occupant of the passenger compartment of the motor vehicle who is 16 years of age or older.
B. 
The term "motor vehicle," as used in this chapter, is defined in 21 Del. C. § 101(35), with the exception of motorcycles.
C. 
The provisions of this section shall not apply to:
(1) 
Any person in a motor vehicle who possesses a written verification from a licensed physician or a licensed physical therapist that such person is unable to wear an occupant protection system for physical or medical reasons;
(2) 
A motor vehicle which is not required to be equipped with an occupant protection system under federal law; or
(3) 
A motor vehicle operated by a letter carrier of the United States Postal Service while performing the duties of a letter carrier.
D. 
Every owner of a motor vehicle shall maintain all occupant protection systems and assemblies and mechanisms required by this section in proper working condition and in a manner that will enable occupants to use them.
[Added 7-21-2008 by Ord. No. 0708-02]
Notwithstanding any law to the contrary, any police officer is authorized to make an administrative stop for purposes of enforcing this section, upon reasonable and articulable suspicion that a violation of this article has occurred.
[Added 7-21-2008 by Ord. No. 0708-02]
A. 
Failure to comply with this article shall be considered as an aggravating circumstance for sentencing purposes for persons convicted of violations of other provisions of the City ordinances relating to vehicles and traffic.
(1) 
Any person who is found to have violated this section in connection with the prosecution of a violation of any other provision of the City's ordinances relating to vehicles and traffic shall, in addition to any fine and at the same time as any fine is assessed to the defendant, be levied for credit to the Victim Compensation Fund an additional penalty assessment of 40%, not to exceed $20 of every fine, penalty or forfeiture imposed or collected by the court for the City ordinance offense. Where there are multiple City ordinances involved, the penalty assessment pursuant to this section shall be based upon a total fine for all offenses but not to exceed a total additional penalty assessment of $20. When a fine, penalty or forfeiture is suspended in whole or in part, the additional penalty assessment shall not be suspended.
(2) 
The assessment imposed herein shall be in addition to the penalty assessment imposed by 11 Del. C. § 9012(a).
B. 
Where there is no other violation of this chapter in addition to a violation of this article, the violation of this article is declared a civil offense pursuant to Chapter 126 of the Municipal Code of the City of Rehoboth Beach. The failure to wear a seat belt by more than one person in the same vehicle at the same time, as required by this section, shall be treated as a single civil offense.