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HomeMy WebLinkAbout05992ORDINANCE NO. 5992 AN ORDINANCE AMENDING CHAPTER 1 OF TITLE XV OF THE 1971 CODE OF ORDINANCES RELATING TO THE MODEL TRAFFIC CODE AND USE OF CHILD RESTRAINT SYSTEMS AND PROVIDING PENALTIES FOR THE VIOLA- TION THEREOF BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: (Brackets indicate matter being deleted; underscoring indicates new matter being added.) SECTION 1 Chapter 1 of Title XV of the 1971 Code of Ordinances of the City of Pueblo, as amended, is hereby amended by the addition of a new section 15 -1 -14 thereto, to read as follows: 15 -1 -14: USE OF CHILD RESTRAINT SYSTEMS (a) As used in this section, W "Child care center" means a facility required to be licensed under the "Child Care Act", Article 6 of Title 26, Colorado Revised Statutes, or pursuant to any similar or successor statute enacted subsequent thereto. (4 "Child restraint system" means any device that is designed to protect, hold, or restrain a child in a motor vehicle in such a way as to prevent or minimize injury to the child in the event of a motor vehicle accident and that conforms to all applicable federal motor vehicle safety standards. W "Safety belt" means a lap belt, a shoulder belt, or any other belt or combination of belts installed in a motor vehicle to restrain drivers and passengers except any such belt which is physically a part of a child restraint system "Safety belt" includes the anchorages, the buckles, and all other equipment directly related to the operation of safety belts. W "Seating position" means any motor vehicle interior space intended by the motor vehicle manufacturer to provide seating accommodations while the motor vehicle is in motion. lW �1) Except as provided in subsection (c) of this section, every child who is under four years of age and weighs less than forty pounds, being transported anywhere within the City in a privately owned noncommercial a}� ssenger vehicle or in a vehicle operated by a child care center shall be provided with a child restraint system suitable for the child's size and shall be ro early fastened into such child restraint system which is in a seating_ position which is equipped with a safety belt or other means to secure the system according to the manufacturer's instructions. W Except as provided in subsection (c) of this section, every child, who is at least four vears_of age but less than sixteen vears of age or who is less than four years of age and weighs forty pounds or more being transported in this state in a privately owned noncommercial vehicle or in a vehicle operated by a child care center, shall be provided with a safM belt stem and shall be properly fastened into the safety belt system according to the mal►ufacturer's instructions. Q) It is the responsibility of the driver transporting children, subject to the requirements of this section, to ensure that such children are provided with and that they properly use a child restraint system or safety belt system. (-c-) The requirements of subsection (b) of this section shall not apply to a child who: .W Is being transported in a privately owned noncommercial motor vehicle in which all seating positions equipped with safety belts or child restraint systems are occupiedor W Is bein transported in a motor vehicle as a result of a medical emergency; W Is being transported in a commercial motor vehicle, as defined in section 42- 2- 402(4)(a) of the Colorado Revised Statutes, that is operated by a child care center; or (Q Is the driver of a motor vehicle and is subject to the safety belt requirements provided in section 15 -1 -12 of this Chapter. No person shall use a safely belt or child restraint system, whichever is applicable under the provisions of this section, for children under sixteen years of age in a motor vehicle unless it conforms to all applicable federal motor vehicle safety standards. ,U Any violation of this section shall not constitute negligence per se or contributory negligence per se. (0 Any person who violates the provisions of this section commits a municipal offense and upon conviction thereof, shall be punished by a fine of not more than one -2- hundred dollars ($100.001. SECTION 2 This Ordinance shall become effective thirty days after final passage and approval. Acting .ATTEST: City Clell INTRODUCED: j 10 , 1995 By Gharigs Jones Councilperson APP ED: Y President of the City ouncil -3-