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(A) Every driver when transporting a child under eight years of age in a motor vehicle operated on the roadways, streets, or highways of this city shall provide for the protection of the child by properly using a child passenger restraint system as follows:
(1) A child under four years of age shall be properly secured in a child passenger restraint system. The child passenger restraint system shall be rear- facing until the child reaches two years of age or until the child reaches the weight or height limit of the rear- facing child passenger restraint system as allowed by the manufacture of the child passenger restraint system, whichever occurs first; and
(2) A child at least four years of age but younger than eight years of age, if not taller than four feet nine inches in height, shall be properly secured in either a child passenger restraint system or child booster seat.
For purposes of this section, CHILDPASSENGER RESTRAINT SYSTEM means an infant or child passenger restraint system that meets the federal standards as set by 49 CFR 571.213.
(B) If a child is eight years of age or is taller than four feet nine inches in height, a seat belt properly secured to the vehicle shall be sufficient to meet the requirements of this section.
(C) The provisions of this section shall not apply to:
(1) The transportation of a child who weighs more than 40 pounds and who is being transported in the back seat of a vehicle while wearing only a lap safety belt when the back seat of the vehicle is not equipped with combination lap and shoulder safety belts, or when the combination lap and shoulder safety belts in the back seat are being used by other children who weigh more than 40 pounds. Provided, however, for purposes of this paragraph, BACK SEAT shall include all seats located behind the front seat of a vehicle operated by a licensed child care facility or church. Provided further, there shall be a rebuttable presumption that a child has met the weight requirements of this paragraph if at the request of any law enforcement officer, the licensed child care facility or church provides the officer with a written statement verified by the parent or legal guardian that the child weighs more than 40 pounds;
(2) The driver of a school bus, taxicab, moped, motorcycle, or other motor vehicle not required to be equipped with safety belts pursuant to state or federal laws;
(3) The driver of an ambulance or emergency vehicle;
(4) The driver of a vehicle in which all of the seat belts are in use; and
(5) The transportation of children who for medical reasons are unable to be placed in such devices, provided there is written documentation from a physician of such medical reason.
(D) A law enforcement officer is hereby authorized to stop a vehicle if it appears that the driver of the vehicle has violated the provisions of this section and to give an oral warning to the driver. The warning shall advise the driver of the possible danger to children resulting from the failure to install or use a child passenger restraint system or seat belts in the motor vehicle.
(E) A violation of the provisions of this section shall be admissible as evidence in any civil action or proceeding for damages unless the plaintiff in such action or proceeding is a child under 16 years of age.
(F) In any action brought by or on behalf of an infant for personal injuries or wrongful death sustained in a motor vehicle collision, the failure of any person to have the infant properly restrained in accordance with the provisions of this section shall not be used in aggravation or mitigation of damages.
(G) Any person convicted of violating division (A) of this section shall be punished by a fine of $50 and shall pay all court costs thereof. This fine shall be suspended in the case of the first offense upon proof of purchase or acquisition by loan of a child passenger restraint system.
(47 O.S. § 11-1112) (`83 Code, § 15-231) (Ord. 87-21, passed 12-21-87; Am. Ord. 98-49, passed 12-21-98; Am. Ord. 2015-28, passed 11-16-15)