Section 14-184 Passenger restraint system required for children under four years of age.
Prior to the adoption of Ord. 19322 on 12/04/2006, Section 14-184 read as follows.
(a) As used in this section, the following terms shall
mean:
(1) Child booster seat, a seating system which meets the Federal
Motor Vehicle Safety
Standards set forth in 49 C.F.R. 571.213, as amended, that is designed to elevate a child to
properly sit in a federally approved safety belt system;
(2) Child passenger restraint system, a seating system which meets
the Federal Motor
Vehicle Safety Standards set forth in 49 C.F.R. 571.213, as amended, and which is either
permanently affixed to a motor vehicle or is affixed to such vehicle by a safety belt or a universal
attachment system;
(3) Driver, a person who is in actual physical control of a motor
vehicle.
(b) Every driver transporting a child under the age
of sixteen (16) years shall be responsible,
when transporting such child in a motor vehicle operated by that driver on the streets or
highways of this city, for providing for the protection of such child as follows:
(1) Children less than four (4) years of age, regardless of weight, shall
be secured in a child
passenger restraint system appropriate for that child.
(2) Children weighing less than forty (40) pounds, regardless of age, shall
be secured in a child
passenger restraint system appropriate for that child.
(3) Children at least four (4) years of age but less than eight (8) years
of age, who also weigh at
least forty (40) pounds but less than eighty (80) pounds, and who are also less than four feet, nine
inches tall, shall be secured in a child passenger restraint system or booster seat appropriate for
that child.
(4) Children at least eighty (80) pounds or children more than four feet,
nine inches in height
shall be secured by a vehicle safety belt or booster seat appropriate for that child.
(5) A child who otherwise would be required to be secured in a booster seat
may be transported
in the back seat of a motor vehicle while wearing only a lap belt if the back seat of the motor
vehicle is not equipped with a combination lap and shoulder belt for booster seat installation.
(6) When transporting children in the immediate family when there are more
children than
there are seating positions in the enclosed area of a motor vehicle, the children who are not able
to be restrained by a child safety restraint device appropriate for the child shall sit in the area
behind the front seat of the motor vehicle unless the motor vehicle is designed only for a front
seat area. The driver transporting children referred to in this subsection is not in violation
of this
section.
This subsection shall only apply to the use of a child passenger restraint
system or vehicle
safety belt for children less than sixteen (16) years of age being transported in a motor vehicle.
(c) Any driver who violates subdivision (1), (2) or
(3) of subsection (b) of this section is
guilty of an infraction and, upon conviction, may be punished by a fine of not more than fifty
dollars ($50.00) and court costs. Any driver who violates subdivision (4) of subsection (b) of
this section shall be subject to the penalty in subsection (g) of section 14-183. If a driver
receives a citation for violating subdivision (1), (2) or (3) of subsection (b) of this section, the
charges shall be dismissed if the driver prior to or at his or her hearing provides evidence of
acquisition of a child passenger restraint system or child booster seat which is satisfactory to the
court.
(d) The provisions of this section shall not apply
to any public carrier for hire. The
provisions of this section shall not apply to students four (4) years of age or older who are
passengers on a school bus designed for carrying eleven (11) passengers or more and which is
manufactured or equipped pursuant to Missouri Minimum Standards for School Buses as school
buses are defined in section 301.010, RSMo.
(Ord. No. 11615, § 1, 9-8-87; Ord. No. 14254 § 1, 10-17-94)