§ 15-9. Seat belts and child restraint devices.

(a)

Except as otherwise provided in this section, each driver and front seat passenger of a passenger car manufactured after January 1, 1968, and persons less than eighteen (18) years of age operating or riding in a truck, as defined in section 301.010, RSMo. shall wear a properly adjusted and fastened safety belt that meets federal National Highway, Transportation and Safety Act requirements, except that a child less than four (4) years of age shall be protected as required in subsection (e) of this section.

(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 (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.

(7)

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)

With respect to subsections (a) and (b) of this section:

(1)

No person shall be stopped, inspected or detained solely to determine compliance with subsection (a) of this section.

(2)

The provisions of subsections (a) and (b) of this section shall not be applicable to persons who have a medical reason for failing to have a seat belt fastened about his or her body or to any person employed by the United States Postal Service while performing duties for that federal agency which requires the operator to service postal boxes from their vehicles, or which requires frequent entry into and exit from their vehicles.

(3)

As used in subsections (a) and (b) of this section, the term "passenger car" means every motor vehicle designed for carrying ten (10) persons or less and used for the transportation of persons; except that, the term "passenger car" shall not include motorcycles, motorized bicycles, motor tricycles and trucks with a gross weight of twelve thousand (12,000) pounds or more.

(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.

(e)

Each driver who violates the provisions of subsection (a) or (b) of this section shall, upon conviction, be subject to a fine not to exceed ten dollars ($10.00) in amount. All other provisions of law and court rules to the contrary notwithstanding, no court costs may be imposed if court costs have been assessed on any other charge arising out of the same occurrence.

(Ord. No. 10778, §§ 1—6, 6-18-87; Ord. No. 11314, §§ 1, 2, 11-3-97; Ord. No. 11835, § III, 4-14-2008)