New businesses in Oswego will now have to install barriers to protect pedestrians along sidewalks or store entrances after a 2-year-old boy was killed in July when a car crashed into the front entrance of the Portillo’s restaurant in Oswego.

At the Dec. 9 Oswego Village Board meeting, trustees approved requirements that bollards or similar vehicle impact protection devices be installed at public entrances in the B-1 regional business district, the M-1 general manufacturing district and non-residential uses in residential districts, such as churches or schools.

The new rules are known as Finnegan’s Law, a reference to the boy killed in the crash, Finnegan Trooper McKee. The village recently announced it has partnered with The Finnegan Project, a nonprofit founded by the family of Finnegan.

The Finnegan’s Project mission is to advocate for the installation of bollards or concrete posts in front of public businesses to prevent future tragedies.

“The loss of the 2-year-old at Portillo’s over the summer was devastating to all of us,” Oswego Village President Ryan Kauffman said. “But we owe it to all of our residents to keep this community safe.”

In addition, Kauffman said he wants to make sure that Finnegan is remembered “as someone whose life mattered.”

As part of the new rules, protective measures also will be required at public entrances to residential care facilities, including assisted living facilities and nursing homes, as well as buildings with storefront windows within 2 feet of the ground, outdoor dining areas and outdoor play areas at day care centers.

The new rules only apply to new construction.

“We don’t want to force a retrofit on existing structures,” Oswego Development Services Director Rod Zenner had said.

The rules state the vehicle impact protection devices must meet the required safety and design standards to withstand the appropriate amount of force (5,000 pound vehicles traveling at 30 miles per hour) while providing adequate pedestrian access and remaining aesthetically pleasing, including the option to use planters.

Following the crash, Portillo’s has installed bollards and parking stops in front of its entrance. Finnegan’s parents are seeking more than $100,000 in damages as part of a lawsuit it has filed against Portillo’s.

The driver in the July 30 fatal crash at the Portillo’s restaurant in Oswego will not face any criminal charges.

Following an almost three-month investigation, the Oswego Police Department said it determined the driver mistakenly pressed the gas pedal instead of the brake, causing the 2011 Lincoln MKZ to crash into the restaurant.

“This was a careful and comprehensive investigation,” Oswego Police Chief Jason Bastin said. “Our detectives reviewed all available evidence, including forensic data, witness statements, medical records and vehicle analysis. We determined this was a tragic accident in which the driver was at fault, but her actions were not criminal. We extend our deepest sympathies to the family, friends and community members affected by this heartbreaking loss.”

The department submitted its findings to the Kendall County State’s Attorney’s Office, which reviewed the case and found the investigation to be thorough and complete.

It concurred that criminal charges were not warranted against the 50-year-old driver, who lives in Michigan.