HomeMy WebLinkAboutOrd.1803.10-16-1995 , ' ;, � .
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BILL NO. 95-234 ORDINANCE NO. -X��' -'
AN ORDINANCE AMENDING CHAPTER 26 OF THE CITY
CODE RELATING TO PASSENGER RESTRAINT SYSTEM
FOR CHILDREN
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, AS FOLLOWS:
ARTICLE 1. Section 26-230 of the Code of Ordinances of the
City of Cape Girardeau, Missouri, entitled "Passenger Restraint
System Required for Children under Four Years of Age" , reading as
follows:
Sec. 26-230. Passenqer restraint system required for
children under four years of aqe.
(a) Every person transporting a child under the age
of four (4) years residing in this state shall be
responsible, when transporting such child in a motor
vehicle operated by that person on the streets or
highways of this city, for providing for the protection
of such child. When traveling in the front seat of a
motor vehicle the child shall be protected by a child
passenger restraint system approved by the state
department of public safety. When traveling in the rear
seat of a motor vehicle the child shall be protected by
either a child passenger restraint system approved by the
department of public safety or the vehicle's seat belt.
When the number of child passengers exceeds the number of
available passenger positions, and all passenger
positions are in use, remaining children shall be
transported in the rear seat of the motor vehicle.
(b) The provisions of this section shall not apply
to motor vehicles registered in another state, or to a
temporary substitute vehicle.
(c) The provisions of this section shall not apply
to any public carrier for hire.
(d) Any person who violates this section upon
conviction may be punished by a fine of not more than
twenty-five dollars ($25. 00) and court costs.
is hereby repealed in its entirety, and a new Section 26-230
entitled "Passenger Restraint System Required for Child Under Four
Years of Age -- Exceptions -- Violation, Fine" is hereby enacted in
lieu thereof, in words and figures, to read as follows:
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3ec. 26-230. Passenqer Restraint System Required for
Child Under Four Years of Aqe --
Exceptions -- Violation, Fine.
1. Every person transporting a child under the age
of four (4) years shall be responsible, when transporting
such child in a motor vehicle operated by that person on
the streets or highways of this city, for providing for
the protection of such child. Such child shall be
protected by a child passenger restraint system approved
by the state department of public safety.
2 . Any person who violates this section is guilty
of an infraction and, upon conviction, may be punished by
a fine of not more than twenty-five dollars ($25. 00) and
court costs.
3 . The provisions of this section shall not apply
to any public carrier for hire.
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 � ':�;=%% DAY OF ���'E���"'��;�! �� , 19 `��-�
A. M. Spradling, I , Mayor
ATTEST:
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Gayle iL. Conrad
Deputy City Clerk