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Legislation #: 080824 Introduction Date: 8/14/2008
Type: Ordinance Effective Date: 10/12/2008
Sponsor: COUNCILMEMBER HERMANN
Title: Amending Chapter 70, Code of Ordinances, by repealing Sections 70-856, Use of safety belts, and 70-857, Child passenger restraint systems, and enacting in lieu thereof new sections of like number and subject matter for the purpose of requiring that children under sixteen years of age be appropriately restrained when traveling in a motor vehicle.

Legislation History
DateMinutesDescription
8/13/2008 Filed by the Clerk's office
8/14/2008 Referred to Transportation and Infrastructure Committee
8/19/2008 Referred to Public Safety and Neighborhoods Committee
9/3/2008 Hold On Agenda (9/10/2008)
9/10/2008 Hold On Agenda (9/17/2008)
9/17/2008 Hold On Agenda (10/1/2008)
10/1/2008 Advance and Do Pass, Debate
10/2/2008 Passed

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ORDINANCE NO. 080824

Amending Chapter 70, Code of Ordinances, by repealing Sections 70-856, Use of safety belts, and 70-857, Child passenger restraint systems, and enacting in lieu thereof new sections of like number and subject matter for the purpose of requiring that children under sixteen years of age be appropriately restrained when traveling in a motor vehicle.

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That Chapter 70, Code of Ordinances, is hereby amended by repealing Section 70-856, Use of safety belts, and enacting in lieu thereof a new section of like number and subject mater, to read as follows:

Sec. 70-856.  Use of safety belts.

 

(a)   As used in this section, the term "passenger car" means every motor vehicle designed for carrying ten persons or less and used for the transportation of persons; except that, the term "passenger car" shall not include motorcycles, motorized bicycles, motor tricycles and trucks with a licensed gross weight of 12,000 pounds or more.

 

(b)   Each driver and all front seat passengers of a passenger car manufactured after January 1, 1968 while being operated on a street or highway in this city, and persons under 18 years of age operating or riding in a truck operated on a street or highway in this city, shall wear a properly adjusted and fastened safety belt that meets federal National Highway, Transportation and Safety Act requirements. This section shall not apply to persons employed by the United States Postal Service while performing duties for that federal agency which require the operator to service postal boxes from their vehicles, or other persons whose duties require frequent entry into and exit from their vehicles. No person shall be stopped, inspected or detained solely to determine compliance with this subsection. The provisions of this section shall not be applicable to persons who have a medical reason for failing to have a seat belt fastened about their body, nor shall the provisions of this section be applicable to persons while operating or riding a motor vehicle being used in agricultural work-related activities. Noncompliance with this subsection shall not constitute probable cause for violation of any other provision of law.

 

(c)  Each driver of a motor vehicle transporting a child less than 16 years of age, shall secure the child in a properly adjusted and fastened restraint as defined and required under 70-857.

 

(d)  Except as otherwise provided for in Section 70-857, every person who violates this section, upon conviction, shall be punished by a fine not to exceed $10.00.

 

(e) If there are more persons than there are seat belts in the enclosed area of a motor vehicle, then the passengers who are unable to wear seat belts shall sit in the area behind the front seat of the motor vehicle unless the motor vehicle is designed only for a front-seated area. The passenger or passengers occupying a seat location referred to in this subsection is not in violation of this section. This subsection shall not apply to passengers who are accompanying a driver of a motor vehicle who has been issued an intermediate drivers license under Section 302.178, RSMo.

Section 2. That Chapter 70, Code of Ordinances, is hereby amended by repealing Section 70-857, Child passenger restraint systems, and enacting in lieu thereof a new section of like number and subject mater, to read as follows:

Sec. 70-857.  Child passenger restraint systems.

 

(a) As used in this section, the following terms shall mean:

(1)  Child booster seat", a seating system which meets the Federal Motor Vehicle Safety Standards set forth in 49 C.F.R. 571.213, as amended, that is designed to elevate a child to properly sit in a federally approved safety belt system;

 

(2)  Child passenger restraint system", a seating system which meets the Federal Motor Vehicle Safety Standards set forth in 49 C.F.R. 571.213, as amended, and which is either permanently affixed to a motor vehicle or is affixed to such vehicle by a safety belt or a universal attachment system;

 

(3)  Driver, a person who is in actual physical control of a motor vehicle.

(b) Every driver transporting a child under the age of sixteen years shall be responsible, when transporting such child in a motor vehicle operated by that driver on the streets or highways of this city, for providing for the protection of such child as follows:


(1) Children less than four years of age, regardless of weight, shall be secured in a child passenger restraint system appropriate for that child;

 

(2)  Children weighing less than forty pounds, regardless of age, shall be secured in a child passenger restraint system appropriate for that child;

 

(3)  Children at least four years of age but less than eight years of age, who also weigh at least forty pounds but less than eighty pounds, and who are also less than four feet, nine inches tall, shall be secured in a child passenger restraint system or booster seat appropriate for that child;

 

(4)  Children at least eighty pounds or children more than four feet, nine inches in height shall be secured by a vehicle safety belt or booster seat appropriate for that child;

 

(5)  A child who otherwise would be required to be secured in a booster seat may be transported in the back seat of a motor vehicle while wearing only a lap belt if the back seat of the motor vehicle is not equipped with a combination lap and shoulder belt for booster seat installation;

 

(6)  When transporting children in the immediate family when there are more children than there are seating positions in the enclosed area of a motor vehicle, the children who are not able to be restrained by a child safety restraint device appropriate for the child shall sit in the area behind the front seat of the motor vehicle unless the motor vehicle is designed only for a front seat area. The driver transporting children referred to in this subsection is not in violation of this section.


This subsection shall only apply to the use of a child passenger restraint system or vehicle safety belt for children less than sixteen years of age being transported in a motor vehicle.

(c) Any driver who violates subdivision (1), (2), or (3) of subsection (b) of this section, upon conviction, shall be punished by a fine of not more than fifty dollars and court costs. Any driver who violates subdivision (4) of subsection (b) of this section, upon conviction, shall be punished by a fine of not more than ten dollars. If a driver receives a citation for violating subdivision (1), (2), or (3) of subsection (b) of this section, the charges shall be dismissed or withdrawn if the driver prior to or at his or her hearing provides evidence of acquisition of a child passenger restraint system or child booster seat which is satisfactory to the court or the party responsible for prosecuting the driver's citation.


(d)  The provisions of this section shall not apply to any public carrier for hire. The provisions of this section shall not apply to students four years of age or older who are passengers on a school bus designed for carrying eleven passengers or more and which is manufactured or equipped pursuant to Missouri Minimum Standards for School Buses as school buses are defined in Section 301.010, RSMo.


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Approved as to form and legality:

 

 

___________________________

Brian T. Rabineau

Assistant City Attorney