ORDINANCE NO. 1041
AN ORDINANCE REQUIRING THE USE OF SEAT BELTS AND CHILD RESTRAINT SYSTEMS IN MOTOR VEHICLES WITHIN THE CITY LIMITS OF THE CITY OF RICH HILL, MISSOURI
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BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RICH
HILL, MISSOURI, AS FOLLOWS:
Section 1. Except as otherwise provided herein, each driver and front seat passenger of a passenger car manufactured after January 1, 1968, 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, except that a child less than four years of age shall be protected as required in Section 5 below.
Section 2: Each driver of a motor vehicle transporting a child four years of age or more, but less that sixteen years of age, in the front seat of a motor vehicle shall secure the child in a properly adjusted and fastened safety belt.
Section 3: With respect to Sections 1 and 2 above;
(a) No person shall be stopped, inspected or detained
solely to determine compliance with Sections 1 and 2 of this
ordinance.
(b) The provisions of sections 1 and 2 of this
ordinance shall not be applicable to persons who have a
medical reason for failing to have a seat belt fastened
about his or her body or to any person employed by the
United StatesPostal service while performing duties for
that federal agency which require the operator to service
postal boxes from his or her vehicle, or which require
frequent entry into and exit from his or her vehicle.
(c) As used in Sections 1 and 2 of this ordinance,
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.
Section 4: Each person who violates the provisions of Sections 1 or 2 of this ordinance shall, upon conviction, be subject to a fine not to exceed ten dollars in amount. All other provisions of law and court rules to the contrary notwithstanding no court costs may be imposed if court costs have been assessed on any other charge arising out of the same occurrence.
Section 5: Every person transporting a child under the age of four years residing in this state 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 . When traveling in the front seat of a motor vehicle the child shall be protected by a child passenger restraint system approved by the Missouri Department of Public Safety. When traveling in the rear seat of a motor vehicle the child shall be protected by either a child passenger restraint system approved by the Missouri Department of Public Safety or the vehicle’s seat belt. When the number of child passengers exceeds the number of available passenger positions, and all passenger positions are in use, remaining children shall be transported in the rear seat of the motor vehicle.
Section 6: With respect to Section 5 of this ordinance:
(a) Section 5 of this ordinance shall not apply to
motor vehicles being used by public carrier for hire.
(b) Each person who violates the provision of Section
5 of this ordinance shall, upon conviction, be punished by a
fine of not more than twenty-five dollars and court costs.
Section 7: All ordinances, or parts of ordinances, in conflict with provisions of this ordinance are hereby repealed.
Section 8: This ordinance shall be in full force and effect from and after its passage and approval.
READ TWO TIMES AND PASSED THIS ______DAY OF ___________,
1995.
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Gordon Turner
Mayor
ATTEST:
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Tammy Williams
City Clerk
Aye’s: 4
Nay’s: 0