HomeMy WebLinkAbout07104ORDINANCE NO. 7104
AN ORDINANCE REPEALING AND REENACTING SUBSECTION (a)(2.5) OF SECTION 8,
CHAPTER 1, TITLE XV OF THE PUEBLO MUNICIPAL CODE RELATING TO CHILD
RESTRAINT SYSTEM REQUIREMENTS AND PROVIDING PENALTIES FOR VIOLATION
THEREOF
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (Brackets indicate matter
deleted, underscoring indicates matter added.)
SECTION 1.
Subsection (a)(2.5) of Section 8, Chapter 1, Title XV of the Pueblo Municipal Code is
hereby repealed and reenacted, to read as follows:
Sec. 15 -1 -8. Amendments and additions.
(a) The following parts, sections or subsections of Article I of said Model Traffic
Code are hereby repealed, added or amended to read as follows:
(2.5) 236. Child restraint systems required - definitions- exemptions.
[(1) As used in this section, unless the context otherwise requires:
"(a) "Child care center" means a facility required to be licensed under the
"Child Care Act," Article 6, of Title 26, C.R.S.
"(a.5) "Child restraint system" means any device which 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 which
conforms to all applicable federal motor vehicle safety standards.
"(b) "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.
"(c) "Seating position" means any motor vehicle interior space intended
by the motor vehicle manufacturer to provide seating accommodation while the
motor vehicle is in motion.
"(2) (a) Unless other exempted pursuant to subsection (3) of this section,
every child, who is under four years of age and weighs under forty pounds, being
transported in this state in a privately owned noncommercial passenger 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 properly 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.
"(b) Unless excepted pursuant to subsection (3) of this section, every
child, who is at least four years of age but less than sixteen years 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 safety belt system and shall be properly
fastened into the safety belt system according to the manufacturer's instructions.
"(c) 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.
"(3) The requirements of subsection (2) of this section shall not apply to a child
who:
"(a) Repealed. Editor's Note: see HB99- 13666.
"(b) Is being transported in a motor vehicle as a result of a medical
emergency.
"(c) Is being transported in a commercial motor vehicle, as defined in
section 42- 2- 402(4)(a), C.R.S., that is operated by a child care center; or
"(d) Is the driver of a motor vehicle and is subject to the safety belt
requirements provided in section 237.
"(4) The division of highway safety shall implement a program for public
information and education concerning the use of child restraint systems and the provisions
of this section.
"(5) No person shall use a safety 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.
"(6) Any violation of this section shall not constitute negligence per set or
contributory negligence per se.
"(7) Any person who violates any provision of this section commits a traffic
offense.
"(8) The fine may be waived if the driver presents the court with satisfactory
evidence of the acquisition, purchase, or rental of an approved child restraint system by the
time of the court appearance. "]
M As used in this section, unless the context otherwise requires:
U "Child care center' means a facility required to be licensed under the
"Child Care Licensing Act." Article 6 of Title 26. C.R.S.
"Child booster seat" means a child passenger restraint system that
meets the federal motor vehicle safety standards set forth in Section 49 CFR
571.213, as amended, that is designed to elevate a child to properly sit in a federally
approved safety belt system
(c) "Child restraint system" means a specially designed seating system
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
that is either permanently affixed to a motor vehicle or is affixed to such vehicle by a
safety belt or a universal attachment system, and that meets the federal motor
vehicle safety standards set forth in Section 49 CFR 571.213, as amended
IM "Child safety belt - positioning device" means a device that positions a
safety belt around a child in a manner that safely restrains such child in a seating
position that conforms to all applicable federal motor vehicle safety standards
Le) "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 that 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.
ffl "Seating position" means any motor vehicle interior space intended
by the motor vehicle manufacturer to provide seating accommodation while the
motor vehicle is in motion.
(a) Unless exempted pursuant to subsection (3) of this section, every child
who is under four years of age and weighs under forty pounds being transported in this
City in a privately owned noncommercial passenger vehicle or in a vehicle operated by a
child care center, shall be provided with one of the following child restraint systems suitable
for the child's size and shall be properly 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:
(1) If the child is less than one year of age or weighs less than
twenty pounds, the child shall be properly restrained in a rear - facing child
restraint system.
(II) If the child is one year of ape or older, but less than four years of
age, and weighs less than forty pounds, but at least twenty pounds, the child
shall be properly restrained in a forward - facing child restraint system.
u Unless excepted pursuant to subsection (3) of this section every
child who is at least four years of age or weighs forty pounds or more being
transported in this City in a privately owned noncommercial vehicle or in a vehicle
operated by a child care center, shall be properly secured by one of the following
safety devices approved for a child of such age or weight by the United States
Department of Transportation, or in a safety belt, whichever is appropriate for the
child:
(1) Except as otherwise provided in subparagraph (1.5) of this
aragraph (b), if the child is at least four vears of age but less than six vears
of age and is less than fifty -five inches tall, the child shall be properly
restrained in a child booster seat or with a child safety belt - positioning
device.
(1.5) If the child is at least four years of age but less than six years
of age and is less than fifty -five inches tall, and if the child is being
transported in a vehicle equipped with only a two- point -lap- belt -only system
available for the child, the child shall be properly restrained with a lap belt.
f I) If the child is six years of age or older or is fifty -five inches tall
or more, the child shall be properly restrained with the motor vehicle's safety
belt properly adjusted and fastened around the child's body.
(c) 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.
The requirements of subsection (2) of this section shall not apply to a child
who:
(a) Is being transported in a motor vehicle as a result of a medical
emergency:
L L Is being transported in a commercial motor vehicle as defined in
Section 42 -2-402 (4) (a), C.R.S.. that is operated by a child care center: or
Lc) Is the driver of a motor vehicle and is subject to the safety belt
requirements provided in section 237.
No person shall use a safety 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
-
(5) Any violation of this section shall not constitute negligence per se or
contributory negligence per se.
It unlawful and a municipal offense for any person to violate any provision of
this section.
(� Any fine imposed for a violation of this section may be waived if the driver
presents the court with satisfactory evidence of the acouisition, purchase, or rental of an
approved child restraint system by the time of the court appearance.
(8) No driver in a motor vehicle shall be cited for a violation of subparagraph (1)
of paragraph (b) of subsection (2) of this section unless such driver was stopped by a law
enforcement officer for an alleged violation of the Model Traffic Code, as adopted with
amendments pursuant to Title XV of the Pueblo Municipal Code, other than a violation of
this section or section 237.
u With respect to a violation of subparagraph (1) of paragraph (b) of
subsection (2) of this section which occurs prior to August 1, 2004, the police officer shall
not cite the driver for such violation but shall notify and warn the driver that such violation is
a municipal offense.
SECTION 2.
Any person violating this Ordinance shall be subject to punishment as provided in section
15 -1 -6 of the Pueblo Municipal Code.
SECTION 3.
This Ordinance shall take effect on the thirtieth (30th) day following its final passage and
approval.
INTRODUCED January 26, 2004
BY Michael Occhiato
Councilperson
APPROVED: 0
PRESI ENT OF CITY COUNCIL
ATTESTED BY:
CITY CLERK
PASSED AND APPROVED February 9. 2004