HomeMy WebLinkAbout1344 Code Amendment Seat Belt Regulations BILL NO. 2014-077 ORDINANCE NO. ��7�
AN ORDINANCE AMENDING SECTION 370.160 RELATING TO PRIMARY
ENFORCEMENT OF SEAT BELT REGULATIONS
WHEREAS, the Missouri Court of Appeals recently held in Ciry of St. John v. Brockus,
434 S.W3d 90 (Mo. App. E.D. 2014), that an ordinance allowing for primary enforcement of a
seatbelt violation did not conflict with a state stamte (Section 307.148, RSMo). The Court
reasoned that the statute only prohibited primary enforcement of that particular statute requiring
the use of seatbelts, and did not apply to prohibit cities from enforcing their seat belt ordinances
on a primary basis. Thus, the Court stated that the statute "has no application to traffic stops
predicated on municipal ordinances"; and
WHEREAS, primary enforcement means stopping a driver for a seatbelt violation
without any other reason for stopping the vehicle; and
WHEREAS, the Board of Aldermen has determined that it is in the City's best
interests to amend its Ciry Code to provide for primary enforcement of its seatbelt ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF
THE CITY OF RIVERSIDF,, MISSOURI AS FOLLOWS:
SECTION 1 —AMENDMENT OF SECTION 370.160 TO THE CITY CODE.
Title III, Article II, Section 370.160 of the Riverside City Code is hereby amended to read as
follows (additions are underlined in bold; deletions contain a bolded str-ilfet#tteagh):
SECTION 370.160: SEAT BELTS
A. As used in this Section, the term °truck" means a motor vehicle designed.
used or maintained for the transportation of property.
B. As used in this Secrion, the term 'passenger car" means every motor vehicle
designed for carrying ten (10) persons or less and used for the transportation of
persons; except that the term "passenger car" shall not include motorcycles,
motorized bicycles, motortricycles and trucks with a licensed gross weight of
twelve thousand (12,000) pounds or more.
C. 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 afrer January l, 1968, operated on a street or highway in the City,
and persons less than eighteen (18) years of age operating or riding in a truck, as
defined in Subsection (A) of this Section, 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.
, �
SuHsee�ien. The provisions of this Section and Section 370.170 of this Chapter,
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.
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provisions of this Subsection shall not apply to the transporting of children under
sixteen (16) years of age, as provided in Section 370.170 of this Chapter.
� D. Each driver of a motor vehicle transporting a child less than sixteen (16)
years of age shall secure the child in a properly adjusted and fastened restraint
under Section 370.170 of this Chapter.
E. Except as otherwise provided for in Section 370.170 of this Chapter, each
person found guilty of violating the provisions of Subsection (�� of this Section
is guilty of an ordinance violation for which 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 couR costs shall be imposed on any person due to a
violation of this Section. In no case shall points be assessed against anv aerson
pursuant to Sectio� 302.302, RSMo for a violation of this Section.
F. 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.
SECTION 2 — EFFECTIVE DATE. This ordinance shall be in full force and effect from and
after the date of its passage and approval.
BE IT REMEMBERED that the above was read two times by heading only, PASSED AND
APPROVED by a majority of the Board of Aldermen and APPROVED by the Mayor of the
City of Riverside this�{c day of ��, 2014.
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< , Mayor Kathleen L. Rose
�RTTEST:
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Robin Littrell, City Clerk