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HomeMy WebLinkAboutOrd.2231.09-02-1997BILL NO. 97-196 ORDINANCE NO. a , AN ORDINANCE AMENDING CHAPTER 26 OF THE CITY CODE RELATING TO SEAT BELTS IN PASSENGER CARS AND MINORS RIDING IN THE OPEN BED OF PICKUP TRUCKS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. Section 26-229 of the Code of Ordinances of the City of Cape Girardeau, Missouri, entitled "Seat belts required for passenger cars", reading as follows: Sec. 26-229. Seat belts required for passenger cars. (a) As used in this section, the term "passenger car" means every motor vehicle designed for carrying ten (10) 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. (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, 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 26-230. Each driver of a motor vehicle transporting a child four (4) years of age or more, but less than sixteen (16) years of age, in the front seat of the motor vehicle shall secure the child in a properly adjusted and fastened safety belt. (c) No person shall be stopped, inspected, or detained solely to determine compliance with this section. (d) The provisions of this section shall not be applicable to any person who has a medical reason for failing to have a seat belt fastened about his body. (e) Each person who violates the provisions of paragraph (b) of this section, upon conviction, may be punished by a fine of not more than ten dollars ($10.00) . 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. In no case shall points be assessed against any person, pursuant to RSMo 302.302, for a violation of this section. is hereby repealed in its entirety, and a new Section 26-229 entitled "Seat Belts Required For Passenger Cars", is hereby enacted in lieu thereof, in words and figures, to read as follows: Sec. 26-229. Seat Belts required for Passenger Cars. (a) As used in this section, the term "passenger car" means every motor vehicle designed for carrying ten (10) 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 (12,000) 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 passengers of a passenger car manufactured after January 1, 1968, operated on a street or highway in this city, and persons less than eighteen (18) years of age operating or riding in a truck, as defined in section 301.010, RSMo, on a street or highway of 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 26-230. 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. (c) No person shall be stopped, inspected, or detained solely to determine compliance with this section. (d) The provisions of this section shall not be applicable to any person who has 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 section shall not constitute probable cause for violation of any other provision of law. (e) Each person who violates the provisions of paragraph (b) of this section, upon conviction, may be punished by a fine of not more than ten dollars ($10.00). All the provisions of law and court rules to the contrary not withstanding, no court costs may be imposed if court 2. costs have been assessed on any other charge arising out of the same occurrence. In no case shall points be assessed against any person, pursuant to RSMo 302.302, for a violation of this section. (f) If there are more persons than there are seat belts in the enclosed area of a motor vehicle, then the driver and passengers are not in violation of this section. ARTICLE 2. There is hereby enacted a new Section 26-232 of the Code of Ordinances of the City of Cape Girardeau, Missouri, entitled "Minors Riding in Open Bed of Pickup Trucks; Prohibit", in words and figures, to read as follows: Sec. 26-232. Minors Riding in Open Bed of Pickup Trucks; Prohibited. (a) No person shall operate any truck, as defined in section 301.010, RSMo, with a licensed gross weight of less than twelve thousand (12,000) pounds within the corporate limits of this city when any person under eighteen (18) years of age is riding in the unenclosed bed of such truck. No person under eighteen (18) years of age shall ride in the unenclosed.bed of such truck when the truck is in operation. to: (b) The provisions of this section shall not apply (1) An employee engaged in the necessary discharge of the employee's duties where it is necessary to ride in the unenclosed bed of the truck; (2) Any person while engaged in agricultural activities where it is necessary to ride in the unenclosed bed of the truck; (3) Any person riding in the unenclosed bed of a truck while such truck is being operated in a parade, caravan or exhibition which is authorized by law; (4) Any person riding in the unenclosed bed of a truck if such truck has installed a means of preventing such person from being discharged or such person is secured to the truck in a manner which will prevent the person from being thrown, falling or jumping from the truck; (5) Any person riding in the unenclosed bed of a truck if such truck is being operated solely for the purposes of participating in a special event and it is necessary that the person ride 3. in such enclosed bed due to a lack of available seating. "Special event," for the purposes of this section, is a specific social activity of a definable duration which is participated in by the person riding in the unenclosed bed; (6) Any person riding in the unenclosed bed of a truck if such truck is being operated solely for the purposes of providing assistance to, or ensuring the safety of other persons engaged in a recreational activity; or (7) Any person riding in the unenclosed bed of a truck if such truck is the only legally titled, licensed and insured vehicle owned by the family of the person riding in the unenclosed bed and there is insufficient room in the passenger cab of the truck to accommodate all passengers in such truck. For the purposes of this subdivision, the term "family" shall mean any person related within the first degree of consanguinity. ARTICLE 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. ARTICLE 4. It is the intention of the governing body and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of the City of Cape Girardeau, Missouri, and the sections of this Code may be renumbered to accomplish such intention. ARTICLE 5. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS ATTEST: � � Z. "- -� � -626 2, U, f. GayleX. Conrad Deputy City Clerk DAY OF �c!r 1/ , 147 A. M. Sprad ing, III, a or 4.