A. Definitions: As used in this section, unless the context otherwise requires:
CHILD RESTRAINT SYSTEM: A specific seating system that is designed to protect, hold, or restrain a child in a motor vehicle so as to prevent or minimize injury to the child in the event of a motor vehicle accident that is either permanently affixed to a motor vehicle or is affixed to the vehicle by a safety belt or universal attachment system, and that conforms to all applicable Federal motor vehicle safety standards.
CHILDCARE CENTER: A facility required to be licensed under the "Child Care Licensing Act", article 6 of title 26, Colorado Revised Statutes.
MOTOR VEHICLE: A passenger car, a pickup truck, or a van, minivan, or sport utility vehicle with a gross vehicle weight rating of less than ten thousand (10,000) pounds. For purposes of this section "motor vehicle" does not include motorcycles that are not autocycles, low power scooters, bicycles, electrical assisted bicycles, electric scooters, EPAMD, and farm tractors and implements of husbandry designed primarily or exclusively for use in agricultural operations.
SAFETY BELT: A lap belt, a shoulder belt, or any other belt or combination of belts installed in a motor vehicle to restrain drivers and passengers, except any belt which is physically a part of a child restraint system. "Safety belt" includes the anchorages, the buckles, and all other equipment directly related to the operation of safety belts. Proper use of a safety belt means the shoulder belt, if present, crosses the shoulder and chest and the lap belt crosses the hips, touching the thighs.
SEATING POSITION: Any motor vehicle interior space intended by the motor vehicle manufacturer to provide seating accommodation while the motor vehicle is in motion.
B. Restraint Required:
1. Unless exempted pursuant to subsection C of this section, and except as otherwise provided in subsections B1a and B1b of this section, every child, who is under eight (8) years of age and who is being transported in this City in a motor vehicle or in a vehicle operated by a childcare center, shall be properly restrained in a child restraint system, according to the manufacturer's instructions:
a. If the child is less than one year of age and weighs less than twenty (20) pounds, the child shall be properly restrained in a rear facing child restraint system in a rear seat of the vehicle.
b. If the child is one year of age or older, but less than four (4) years of age, and weighs less than forty (40) pounds, but at least twenty (20) pounds, the child shall be properly restrained in a rear facing or forward facing child restraint system.
2. Unless excepted pursuant to subsection C of this section, every child, who is at least eight (8) years of age, but who is less than sixteen (16) years of age, who is being transported in this City in a motor vehicle or in a vehicle operated by a childcare center shall be properly restrained in a safety belt or child restraint system according to the manufacturer's instructions.
3. If a parent is in the motor vehicle, it is the responsibility of the parent to ensure that his or her child or children are provided with, and that they properly use, a child restraint system or safety belt system. If a parent is not in the motor vehicle, it is the responsibility of the driver transporting a child or children, subject to the requirements of this section, to ensure that the children are provided with and that they properly use a child restraint system or safety belt system.
C. Exceptions: Except as provided in Colorado Revised Statutes section 42-2-105.5(4), the requirements of subsection B of this section do not apply to a child who:
1. Is less than eight (8) years of age and is being transported in a motor vehicle as a result of a medical or other life threatening emergency and a child restraint system is not available;
2. Is being transported in a commercial motor vehicle, as defined in Colorado Revised Statutes section 42-2-402(4)(a), that is operated by a childcare center;
3. Is the driver of a motor vehicle and is subject to the safety belt requirements provided in section 10.23.116 of this article; or
4. Is being transported in a motor vehicle that is operated in the business of transporting persons for compensation or hire by or on behalf of a motor vehicle carrier as defined in Colorado Revised Statutes section 40-10-101(4)(a), a contract carrier by motor vehicle as defined in Colorado Revised Statutes section 40-10-101(3), or an operator of a luxury limousine service as defined in Colorado Revised Statutes section 40-16-101(3.3).
D. Conformance Required: No person shall use a safety belt or a child restraint system, whichever is applicable under the provisions of this section, for children under sixteen (16) years of age in a motor vehicle unless it conforms to all applicable Federal motor vehicle safety standards.
E. Waiver Of Fine: Any fine may be waived if the defendant presents the court with satisfactory evidence of proof of the acquisition, purchase, or rental of a child restraint system by the time of the court appearance. (Ord. 92-51; Ord. 01-42; Ord. 04-196; Ord. 06-44; Ord. 11-56; Ord. 21-23)