HomeMy WebLinkAboutOrdinance No. 0443�yY
CITY OF MEDINA
ORDINANCE NO. 443
AN ORDINANCE REQUIRING RESTRAINT OF CHILD PASSENGERS AND USE
OF SAFETY BELTS.
THE CITY COUNCIL OF THE CITY OF MEDINA DO ORDAIN AS FOLLOWS:
SECTION 1. Child Passen er Restza int Re uired: The parent
or legal guardian o a chil ess t an ive (5) years old, when
the parent or legal guardian is operating anywhere in the State
his or her own motor vehicle registered under Chapter 46.16
R.C.W., in which the child is a passenger, shall have the child
properly secured in a manner approved by the State Commission on
Equipment. Even though a separate child passenger restraint
device is considered the ideal method of protection, a properly
adjusted and fastened federally approved seat belt is deemed
sufficient to meet the requirements of this section for children
one through four years of age.
SECTION 2. Penalty for Failure to Retrain Passengers:
A person failing to restrain a c ld passenger as requ re by
this ordinance may be issued a notice of traffic infraction as
provided by this code. If the person to whom the notice was
issued presents proof of acquisition of an approved child
passenger restraint system within seven (7) days to the City of
Medina, the notice of traffic infraction shall be dismissed. If
the person fails to present proof of acquisition within the time
required, he or she is subject to a penalty assessment of not
less than $30.
SECTION 3. Use of Safet Belts Re uired, Definition: For
the purpose of this or nance, t e term motor ve c le
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includes:
(a) "Buses", meaning motor vehicles with motive power,
except trailers, designed to carry more than ten (10) passengers;
(b) "Multipurpose passenger vehicles", meaning motor
vehicles with motive power, except trailers, designed to carry
ten (10) persons or less that are constructed either on a truck
chassis or with special features for occasional off -road
operation;
(c) "Passenger cars", meaning motor vehicles with motive
power, except multi -purpose passenger vehicles, motorcycles or
trailers, designed for carrying ten (10) passengers or less; and
(d) ".Trucks", meaning motor vehicles with motive power,
except trailers, designed primarily for the transportation of
property.
SECTION 4. Use of Safet Belts R uired Exemptions: This
ordinance only applies to motor ve is . es that meet the manual
seat belt safety standards as set forth in Federal Motor Vehicle
Safety Standard 208. This ordinance does not apply to a vehicle
occupant for whom no safety belt is available when all designated
seating positions as required by Federal Motor vehicle Safety
( Standard 208 are occupied. This ordinance does not apply to an
operator or passenger who possesses written verification from a
licensed physician that the operator or passenger is unable to
wear a safety belt for physical or medical reasons. This
ordinance does not apply to operators or occupants of farm
vehicles, construction equipment and vehicles that are required
to make frequent stops exempted under rules adopted by the
Commission on Equipment.
SECTION 5. Use of Safet Belts Re aired: Every person
sixteen (16) years o age oc of ec oper at ng or riding in a motor
vehicle shall wear the safety belt assembly in a properly
adjusted and securly fastened manner. No person may operate a
motor vehicle unless all passengers under the age of sixteen (16)
years are either wearing a safety belt assembly or are securely
fastened into an approved child restraint device. A person
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violating this ordinance shall be issued a notice of traffic
infraction as provided by this code.
SECTION 6. Use of SafetyBelts Re uired, Enforcement:
Enforcement of th s ordinance by law enforcement officers as it
relates to safety belts may be accomplished only as a secondary
action when a driver of a motor vehicle has been detained for a
suspected traffic violation or infraction or some other offense.
SECTION 7. Code Reference: Sections 1 through 6 shall
constitute Medina C ty-i code sections 8-1.230, 232, 234, 236, 238
and 240 respectively.
SECTION 8. Effective Date: This ordinance shalltake
effect five (5) days after its publication.
PASSED BY THE CITY COUNCIL on the 12th day of January, 1987
and signed in authentication of its passage the same day.
H. E.,(Ted) Ring, Mayor
Approved as to form:
$IfK R. Wines, City Attorney
Attest: 1 a., f.:a Cty cb:k
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