HomeMy WebLinkAbout1997-122 - Amendments to Section 380.160 of the Municipal CodeBILL NO. 97-12'L ORDINANCE NO. 97-
AN ORDINANCE REPEALING SECTION 380.160: SEAT BELTS REQUIRED OF THE
MUNICIPAL CODE FOR THE CITY OF RIVERSIDE, MO., IN ITS ENTIRETY AND
ENACTING A NEW SECTION 380.160: USE OF SAFETY BELTS TO SAID CODES.
BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE,
MISSOURI, AS FOLLOWS:
SECTION 1: That portion of the City of Riverside Municipal
Traffic Code, specifically, Section 380.160:
Seat Belts Required, be repealed and a new
Section 380.160: Use of Safety Belts be enacted
to read as follows:
SECTION 380.160: 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 twelve thousand 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
passenger of a passenger car manufactured
after January 1, 1968, operated on a street or
highway in this City, and persons less than
eighteen years of age operating or riding in a
truck, as defined in Section 301.010, RSMo., 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; except that, a
child, less than four (4) years of age shall be
protected as required in Section 380.170. 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 probably cause for
violation of any other provision of law.
C. Each driver of a motor vehicle transporting a
child four (4) years of age or more, but less
than sixteen (16) years of age, shall secure
the child in a properly adjusted and fastened
safety belt.
D. In any action to recover damages arising out of
the ownership, common maintenance or operation
of a motor vehicle, failure to wear a safety
belt in violation of this ordinance shall
not be considered evidence of comparative
negligence. Failure to wear a safety belt in
violation of this section may be admitted to
mitigate damages, but only under the following
circumstances:
(1) Parties seeking to introduce
evidence of the failure to wear a
safety belt in violation of this
section must first introduce expert
evidence proving that a failure to
wear a safety belt contributed to the
injuries claimed by plaintiff;
(2) If the evidence supports such a
finding, the trier of fact may find
that the plaintiff's failure to wear
a safety belt in violation of this
section contributed to the
plaintiff's claimed injuries, and may
reduce the amount of the plaintiff's
recovery by an amount not to exceed
one percent of the damages awarded
after any reductions for comparative
negligence.
E. Each driver who violates the provisions of
subsection B or C of this section, upon
conviction, shall be punished by a fine not to
exceed ten dollars ($10.00). 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. In no case shall points be
assessed against any person, pursuant to
section 302.302, RSMo., for a violation of this
section.
F. If there are more persons that there are
seatbelts in the enclosed area of a motor
vehicle, then the driver and passengers are not
in violation of this section.
SECTION 2: This code shall be in full force and effect
from and after the date of approval and
adoption.
PASSED THIS 2ND DAY OF DECEMB~ 1997. =' -~
ayor Ed Rule
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Grace Remerli g, City C1 k