Section 107-750; Ord. 19322; Amending Chapter 14 of the City Code as it relates to use of motor vehicle passenger restraints


Ordinance No. 19322                        Council Bill No. B 479-06

     AN ORDINANCE

amending Chapter 14 of the City Code as it relates to use of motor vehicle passenger restraints; and fixing the time when this ordinance shall become effective.

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBIA, MISSOURI, AS FOLLOWS:

    SECTION 1.    Chapter 14 of the Code of Ordinances of the City of Columbia, Missouri, is hereby amended as follows:

Material to be deleted in strikeout; material to be added underlined.

Sec. 14-183. Safety belts required for passenger cars.

    (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 twelve thousand (12,000) pounds or more.

    (b)     Each driver, except 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 which require frequent entry into and exit from their vehicles, and front seat passengers of a passenger car manufactured after January 1, 1968, operated on a street or highway in this city, and persons less than eighteen (18) years of age operating or riding in a truck, as defined in RSMo § 301.010, on a street or highway of this city shall wear a properly adjusted and fastened safety belt that meets federal National Highway, Transportation and Safety Act requirements ; except that, a child less than four (4) years of age shall be protected as required in section 14-184 of this Code. Each driver of a motor vehicle transporting a child four (4) years of age or more, but less than sixteen (16) years of age, in the front seat of the motor vehicle shall secure the child in a properly adjusted and fastened safety belt.

    (c)     No person shall be stopped, inspected, or detained solely to determine compliance with this section.

    (d)     The provisions of this section shall not be applicable to any persons who has have a medical reason for failing to have a seat wear a properly fastened safety 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 section shall not constitute probable cause for violation of any other provision of law.

     (e)    The provisions of subsections (b), (c) and (d) shall not apply to the transporting of children under sixteen (16) years of age, as provided in section 14-184.

    ( ef)     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 is licensed under section 302.178, RSMo. (intermediate driver’ s license) driver and passengers are not in violation of this section.

    ( fg)     Except as otherwise provided for in section 14-184, Eeach person who violates the provisions of subsection (b) of this section is  shall be  guilty of an infraction, for which punishable by a fine not to exceed ten dollars ($10.00) may be imposed. All other provisions of law and court rules to the contrary notwithstanding, no court costs shall be imposed on any person due to a violation of this section.

Sec. 14-184.  Passenger restraint system required for children under sixteen four years of age.

     (a)     Every person transporting a child under the age of four (4) years shall be responsible, when transporting such child in a motor vehicle operated by that person on the streets or highways of this city, for providing for the protection of such child. Such children shall be protected by a child passenger restraint system approved by the Missouri Department of Public Safety.

     (b)     The provisions of this section shall not apply to any public carrier for hire.

     (c)     Any person who violates this section upon conviction shall be guilty of an infraction punishable by a fine of not more than twenty-five dollars ($25.00) and court costs.

     (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 (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 (4) 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 (40) pounds, regardless of age, shall be secured in a child passenger restraint system appropriate for that child.

     (3)    Children at least four (4) years of age but less than eight (8) years of age, who also weigh at least forty (40) pounds but less than eighty (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 eighty (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.

         This subsection shall only apply to the use of a child passenger restraint system or vehicle safety belt for children less than sixteen (16) 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 is guilty of an infraction and, upon conviction, may be punished by a fine of not more than fifty dollars ($50.00) and court costs.  Any driver who violates subdivision (4) of subsection (b) of this section shall be subject to the penalty in subsection (g) of section 14-183.  If a driver receives a citation for violating subdivision (1), (2) or (3) of subsection (b) of this section, the charges shall be dismissed 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.

     (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 (4) years of age or older who are passengers on a school bus designed for carrying eleven (11) 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.

    SECTION 2.    This ordinance shall be in full force and effect from and after its passage.

    PASSED this 4th day of December, 2006.