HomeMy WebLinkAboutOrd.2258.10-20-1997BILL NO. 97-231
ORDINANCE NO. C' `)
AN ORDINANCE AMENDING SECTION 26-229 OF THE
CITY CODE RELATING TO SEAT BELTS FOR PASSENGER
CARS AND 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 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
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
belts in the
driver and
section.
there are more persons than there are seat
enclosed area of a motor vehicle, then the
passengers are not in violation of this
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. No person shall be stopped, inspected,
or detained solely to determine compliance with this
subsection. The provisions of this subsection 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 subsection shall not constitute
probable cause for violation of any other provision of
law.
2.
(c) A child less than four (4) years of age shall
be protected as required in section 26-230.
(d) 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.
(e) Each person who violates the provisions of
paragraphs (b) and (d) 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 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
belts in the
driver and
section.
there are more persons than there are seat
enclosed area of a motor vehicle, then the
passengers are not in violation of this
ARTICLE 2. 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 3. 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 4. This ordinance shall be in full force and effect
ten days after its passage and approval.
PASSED AND APPROVED THIS 6 ` ,G DAY OF ?° . ,'1,° , 190
3.
. Spradling, III,