HomeMy WebLinkAbout4753 - 01/10/2005 INDE 9 BLACK HAWK COUNTY,IOWA:ss FEE BOOK# 20 (�5 22320
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1fdJ• O BLACK HAWK COUNTY RECORDER
CITY OF WATERLOO
This Ordinance prepared by Nancy Eckert, City Clerk, 715 Mulberry
Street, Waterloo, Iowa.
ORDINANCE NO. 4753
AN ORDINANCE AMENDING THE 2003 TRAFFIC CODE
BY REPEALING SEC. 492, CHILD RESTRAINT
DEVICES; AND ENACTING IN LIEU THEREOF A NEW
SEC. 492, CHILD RESTRAINT DEVICES.
BE IT ORDAINED by the City Council of the City of Waterloo,
Iowa:
That Section 492, Child Restraint Devices, of the 2003
Traffic Code, is hereby repealed in its entirety; that a new
Section 492, Child Restraint Devices, of the 2003 Traffic Code,
is hereby enacted in lieu thereof as follows :
SEC. 492 . CHILD RESTRAINT DEVICES.
•
1 . a. A child under one year of age and weighing less
than twenty pounds who is being transported in a motor
vehicle subject to registration, except a school bus or
motorcycle, shall be secured during transit in a rear-
facing child restraint system that is used in accordance
with the manufacturer' s instructions.
b. A child under six years of age who does not meet
the description in paragraph "a" and who is being
transported in a motor vehicle subject to
registration, except a school bus or motorcycle, shall
be secured during transit by a child restraint system
that is used in accordance with the manufacturer ' s
instructions .
2 . A child at least six years of age but under eleven
years of age who is being transported in a motor
vehicle subject to registration, except a school bus
or motorcycle, shall be secured during transit by a
child restraint system 'that is used in accordance with
the manufacturer' s instructions, or by a safety belt
and safety harness of a type approved under Section
491 .
3 . This section does not apply to peace officers acting
on official duty. This section also does not apply to
the transportation of children in 1965 model year or
older vehicles or authorized emergency vehicles, or
motor homes, except when a child is transported in a
motor home' s passenger seat situated directly to the
driver' s right . This section does not apply to the
transportation of a child who has been certified by a
physician licensed under Iowa Code Chapter 148, 150 or
150A (1999) , as having a medical, physical, or mental
condition which prevents or makes inadvisable securing
the child in a child restraint system, safety belt and
safety harness .
Ordinance No. 4753
Page 2
4 . a. An operator who violates subsection 1 or 2 is
guilty of a simple misdemeanor and the scheduled fine
is Twenty-five Dollars ($25 . 00) .
b. During the eighteen-month period beginning July
1, 2004, and ending December 31, 2005, peace officers
shall issue only warning citations for violations of
subsections 1 and 2, provided the operator is, at a
minimum, in compliance with the provisions of
subsections 1 and 2, Iowa Code 2003. A peace officer
may issue a citation for a violation of this section
or section 321 . 445, as applicable, to an operator who
is not in compliance with section 321 . 446, subsections
1 and 2, Iowa Code 2003, in regard to a child under
six years of age, or section 321 . 445, Iowa Code 2003,
in regard to a child at least six years of age but
under eleven years of age. This paragraph is repealed
January 1, 2006.
5 . A person who is first charged for a violation of
subsection 1 and who has not purchased or otherwise
acquired a child restraint system shall not be
convicted if the person produces in court, within a
reasonable time, proof that the person has purchased
or otherwise acquired a child restraint system which
meets federal motor vehicle safety standards .
INTRODUCED: January 10, 2005
PASSED 1st CONSIDERATION: January 10, 2005
PASSED 2nd CONSIDERATION: January 10, 2005
PASSED 3rd CONSIDERATION: January 10, 2005
PASSED AND ADOPTED by the City Council of the City of
Waterloo, Iowa, on the 10th day of January, 2005, and approved by
the Mayor on the 12th day of January, 2005 .
Tim Hurley, Y M'a or
ATTEST:
5:ASLCiL
Nancy cker , CMC
City Clerk
Ordinance No. 4753
Page 3
CERTIFICATE
I, Nancy Eckert, City Clerk of the City of Waterloo, Iowa,
do hereby certify that the preceding is a true and complete copy
of Ordinance No. 4753 as passed and adopted by the Council of
the City of Waterloo, Iowa, on the 10th day of January, 2005 .
Witness my hand and seal of office this 12th day of January,
2005 .
SEAL, * " Nancy Ecke CMC
City Clerk