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HomeMy WebLinkAbout2007-079 - Amendment of Section 200.020: "Definitions" and Section 380.170: "Passenger Restraint System Required for Children Under Four Years of Age" of the Municipal Code BILL N0.2007- 79 ORDINANCE N0.2007- 79 AN ORDINANCE AMENDING TITLE III, CHAPTER 300.020 "DEFINITIONS"AND CHAPTER 380.170 °~PASSENGER RESTRAINT SYSTEM REQUIRED FOR CHILDREN UNDER FOUR YEARS OF AGE" OF THE MUNICIPAL CODE OF THE CITY OF RIVERSIDE, MISSOURI WHEREAS, the City of Riverside, Missouri (the "City") has in place regulations pertaining to child restraint systems within the City; and WHEREAS, the City and its staff have conducted a review of the City's Municipal Code (the "Code") sections regarding these regulations, and have determined that certain provisions related to such regulations must be revised; and WHEREAS, the City staff and the Board of Aldermen have reviewed, examined and deemed adoption of the amended and restated Code provisions regarding these regulations to be advisable and in the City's best interests for the promotion of the health, safety and welfare of the residents of the City; and NOW, THEREFORE, be it Ordained by the Board of Aldermen of the City of Riverside, Missouri, as follows: Section 1. Section 300.020 of the Municipal Code of the City of Riverside, Missouri is hereby amended by adding the following: 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; Child passenger restraintsystem- 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. Section 2. Section 380.170 of the Municipal Code of the City of Riverside, Missouri is hereby repealed in its entirety and replaced by the following: SECTION 380.170: PASSENGER RESTRAINT SYSTEM REQUIRED FOR CHILDREN UNDER SIXTEEN YEARS OF AGE 1. 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 state, for providing for the protection of such child as follows: A. Children less than four years of age, regardless of weight, shall be secured in a child passenger restraint system appropriate for that child; B. Children weighing less than forty pounds, regardless of age, shall be secured in a child passenger restraint system appropriate for that child; ~i . .. s C. 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; D. 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; E. 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; F. 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 1 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. 2. Any driver who violates subdivision (A), (B), or (C) of subsection 1 of this section is guilty of an infraction and, upon conviction, may be punished by a fine of not more than fifty dollars and court costs. Any driver who violates subdivision (D) of subsection 1 of this section. If a driver receives a citation for violating subdivision (1), (2), or (3) of subsection 2 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. 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. The highways and transportation commission shall initiate and develop a program of public information to develop understanding of, and ensure compliance with, the provisions of this section. Section 3. The provisions of the Municipal Code of the City of Riverside, Missouri revised herein shall not be construed to revive any former ordinance, clause or provision of the Municipal Code of the City of Riverside, Missouri. .. ' • Section 4. This Ordinance overrides any conflicting provision or regulation within the Municipal Code of the City of Riverside, Missouri. Section 5. This ordinance shall take effect immediately. Passed this ~aay of 2007. ¢~0 J~i~c~ Mayor Kathleen L. Rose Ci Clerk ~'