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HomeMy WebLinkAbout3530-03/07/1988 ORDINANCE NO. 3530 AN ORDINANCE AMENDING THE TRAFFIC CODE OF THE CITY OF WATERLOO, IOWA, BY ADDING SECTION 491 , SAFETY BELTS AND SAFETY HARNESSES--USE REQUIRED, AND SECTION 492 , CHILD RESTRAINT DEVICES. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, as follows: That Section 491 , Safety Belts and Safety Harnesses--Use Required, and Section 492, Child Restraint Devices, are hereby added to the Traffic Code of the City of Waterloo, Iowa, as follows: Sec. 491 . Safety Belts and Safety Harnesses--Use Required. 1. Except for motorcycles or motorized bicycles , 1966 model year or newer motor vehicles subject to registration in Iowa shall be equipped with safety belts and safety harnesses of a type and installed in a manner approved by rules adopted by the Iowa Department of Transportation pursuant to Chapter 17A, Code of Iowa ( 1987 ) . 2 . The driver and front seat occupants of a type of motor vehicle which is subject to registration in Iowa, except a motorcycle or a motorized bicycle, shall each wear a properly adjusted and fastened safety belt or safety harness any time the vehicle is in forward motion on a street or highway in this city except that a child under six years of age shall be secured as required under Section 492 . This subsection does not apply to: a. The driver or front seat occupants of a motor vehicle which is not required to be equipped with safety belts or safety harnesses under rules adopted by the Iowa Department of Transportation. b. The driver and front seat occupants of a motor vehicle who are actively engaged in work which requires them to alight from and reenter the vehicle at frequent intervals, providing the vehicle does not exceed twenty-five miles per hour between stops . c. The driver of a motor vehicle while performing duties as a rural letter carrier for the United States Postal Service. This exemption applies only between the first delivery point after leaving the post office and the last delivery point before returning to the post office. 0 d. Passengers on a bus. = = e. A person possessing a written certification from a c.) physician on a form provided by the Iowa Department of Transportation that the person is unable to wear a safety belt or safety harness due to physical or medical reasons. The certification shall specify the time period for which the exemption applies. The time period shall not exceed twelve months, at which time a new certification may be issued. I. Front seat occupants of an authorized emergency vehicle while they are being transported in an emergency. However, this exemption does not apply to the driver of the authorized emergency vehicle. 3 . The driver and front seat passengers may be each charged separately for improperly used or non-used equipment under subsection 2 . The owner of the motor vehicle may be charged for equipment violations under subsection 1 . KM 2J ?ACE 200 Ordinance No. 3530 Page 2 Sec. 492 . Child restraint devices. 1 . A child under three years of age who is being transported in a motor vehicle subject to registration which has a gross weight of ten thousand pounds or less as specified by the manufacturer, except a school bus or motorcycle, shall be secured during transit by a child restraint system which meets federal motor vehicle safety standards and the system shall be used in accordance with the manufacturer ' s instructions. 2 . A child at least three years of age but under six years of age who is being transported in a motor vehicle subject to registration which has a gross weight of ten thousand pounds or less as specified by the manufacturer, except a school bus or motorcycle, shall be secured during transit by either a child. restraint system that meets federal motor vehicle safety standards and is used in accordance with the manufacturer ' s instructions, or by a safety belt or 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. This section does not apply to the transportation of a child who has been certified by a physician licensed under Chapter 148 , 150 or 150A, Code of Iowa ( 1987 ) , as having a medical, physical, or mental condition which prevents or makes inadvisable securing the child in a child restraint system, safety belt or safety harness. 4 . 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. Passed and adopted by the City Council of the City of Waterloo, Iowa, on the 7th day of March, 1988 , and approved by the Mayor on the 9th day of March, 1988 . vvOc///,/ /r1.1,(., Bernard L. Mc .iiley, M yor ATTEST: La y P. urger, ty Clerk/Auditor CERTIFICATE I , Larry P. Burger, City Clerk of the City of Waterloo, Iowa, do hereby certify that attached hereto is a true and complete copy of Ordinance No. 3530, as passed and adopted by the Council of the City of Waterloo, Iowa, on the 7th day of March, 1988 . Witness my hand and seal of office this 9th day of March, 1988 . l, a h . Larry P. Bu ger, Cit Cier ditor 2 Ito PACE 201 .411A71n DP IOWA• LEGAL 5S I do solemnly swear that the annexed copy of • Black Hawk County, City of Waterloo Ordinance 3530 ORDINANCE notice was published In the lUnterloo L011rlCr a daily newspaper printed In Waterloo, AN ORDINANCE AMENDING THE TRAFFIC CODE OF THE • BY YAOF WAERLOO,DDINGT SECTION0491, Black Hawk County, Iowa once lM- SAFETY BETS AND SAFETY HARNESSESLUSEREQUIRED, AND SECTION 492, CHILD ,��f -}� In the Issue/of RESTRAINT DEVICES. BE IT ORDAINED BY THE March 15 a 1988 COUNCIL OF THE CITY OF WATERLOO,IOWA, as follows: That Section 491,Safety Belts and Safety Harnesses—Use Required,and of said newspaper, and that the annexed rate of • Devices492, Child Restraint , 'Ion are hereby added to the Traffic Code of the City of Water- , too,Iowa,as follows: g adVertl5ln Is the regular legal rate of said newspaper, and that the loltowing Is a cofreel bill(or seHac.rnesses•-Us 491.safetye R Bequireelts andd.Safety publishing said notice. —t '�" Printer's Bill $ 1. Except for motorcycles or motorized bicycles, 1966 model r, .. , year or newer motor vehicles sub •- I iect to registration In Iowa shall Ct�• �� be equipped with safety belts andC;2 l/ safety harnesses of a type and Signed _ Installed In a manner approved by rules adopted by the Iowa Depart- ment of Transportation pursuant Subscribed and sworn to belore me this l5 e day of to Chapter 17A, Code of Iowa �J' (1987). t occu- • riti,e,„/Li-,, ( <)2.The driver and Danis of a type ofrmotoront a ehicle A.D., 19 • 77 /2 a;//i/t .r/Vt-f.'/(‘_, 0.--. .1a,c,-,6,di • Notary Public Received of • the sum of Dollars In full for publication of the above notice.