[Ord. No. 834 §1; Ord. No. 835 §1; Ord. No. 1125 §§1 — 3, 9-20-1994; Ord. No. 1324 §1, 11-18-1997; Ord. No. 2292 §1, 2-18-2014]
(a) Except as otherwise provided in this Section, each driver 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 Act requirements, except that a child less than sixteen
(16) years of age shall be protected as required in this Section.
(b) As used in this Section, the following terms shall apply:
CHILD BOOSTER SEAT
A seating system which meets the Federal Motor Vehicle Safety
Standards set forth in 49 CFR 571.213, as amended, that is designed
to elevate a child to properly sit in a federally approved safety
belt system.
CHILD PASSENGER RESTRAINT SYSTEM
A seating system which meets the Federal Motor Vehicle Safety
Standards set forth in 49 CFR 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.
DRIVER
A person who is in actual physical control of a motor vehicle.
(c) 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 State,
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 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 (4) feet,
nine (9) 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
(4) feet, nine (9) 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.
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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.
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(d) Any driver who violates Subsection (c)(1), (c)(2) or (c)(3) 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 Subsection (c)(4) of this Section shall be
subject to the penalty in Subsection (5) of Section 307.178, RSMo.
If a driver receives a citation for violating Subsection (c)(1), (c)(2)
or (c)(3) of this Section, the charges shall be dismissed or withdrawn
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 or the party responsible for
prosecuting the driver's citation.
(e) 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. 1324 §2, 11-18-1997]
(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 when such truck is operated 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. Any person who operates a truck with a licensed
gross weight of less than twelve thousand (12,000) pounds in violation
of this Section shall, upon conviction, be punished by a fine of not
more than twenty-five dollars ($25.00), plus court costs. The provisions
of this Section shall not apply to:
(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 in such unenclosed
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 persons related
within the first degree of consanguinity.