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Legislation #: 130276 Introduction Date: 4/4/2013
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBERS WAGNER, SHARP, JOHNSON AND TAYLOR
Title: Amending Chapter 70, Code of Ordinances, entitled “Traffic and Vehicles”, by repealing Sections 70-856 – 70-857, and enacting in lieu thereof new sections of like number and subject matter which enact primary seatbelt ordinances.

Legislation History
DateMinutesDescription
4/5/2013 Filed by the Clerk's office
4/4/2013 Referred to Public Safety & Emergency Services Committee
4/10/2013 Do Pass as a Committee Substitute
4/11/2013 Assigned Third Read Calendar as Substituted
4/18/2013 Councilmember Sharp Move to Amend
4/18/2013 Passed as Substituted and Amended

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 130276

 

Amending Chapter 70, Code of Ordinances, entitled “Traffic and Vehicles”, by repealing Sections 70-856 – 70-857, and enacting in lieu thereof new sections of like number and subject matter which enact primary seatbelt ordinances.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Chapter 70, Code of Ordinances of the City of Kansas City, Missouri, entitled “Traffic and Vehicles”, is hereby amended by repealing Sections 70-856 – 70-857, and enacting in lieu thereof new sections of like number and subject matter, to read as follows:

 

Sec. 70-856. Use of safety belts.

 

(a) As used in this section, the term "motor vehicle " means every motor vehicle designed for carrying ten persons or less and used for the transportation of persons; except that, the term "motor vehicle " shall not include motorcycles, motorized bicycles and motor tricycles.

 

(b) Each driver and all front seat passengers of a motor vehicle manufactured after January 1, 1968 while being 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. 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.

 

(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 Section 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 $50.00.

 

(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 driver's license under RSMo Section 302.178.

 


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 16 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 40 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 40 pounds but less than 80 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 80 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.

 

(c) Any driver who violates subdivision (1), (2), (3) or (4) of subsection (b) of this section, upon conviction, shall be punished by a fine of not more than $50.00. If a driver receives a citation for violating subdivision (1), (2), or (3) of subsection (b) of this section, the charges may 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 who are passengers on a school bus designed for carrying 11 passengers or more and which is manufactured or equipped pursuant to Missouri Minimum Standards for School Buses as school buses are defined in RSMo Section 301.010.

 

_____________________________________________

Approved as to form and legality:

 

 

___________________________________

Cecilia Abbott

Assistant City Attorney