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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 Subsection (a)(2.5) of Section 8, Chapter 1, Title XV of the Pueblo Municipal Code is hereby repealed and reenacted, to read as follows: Sec. 15 -1 -8.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 (a) The following parts, sections or subsections of Article I of said Model Traffic Code are hereby repealed, added or amended to read as follows: (2.5) 236.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