A. Duty Of Driver: Every driver when transporting a child under four (4) years of age weighing sixty (60) pounds or less in a motor vehicle operated on the roadways, streets, or highways of the city shall provide for the protection of the child by properly using a child passenger restraint system. For purposes of this section, "child passenger restraint system" means an infant or child passenger restraint system that meets the federal standards as set by 49 CFR section 571.213.
B. Use Of Restraint: Children at least four (4) years of age but younger than thirteen (13) years of age shall be protected by use of a child passenger restraint system or a seatbelt. (1980 Code § 20-166; amd. 2002 Code)
C. Exceptions: The provisions of this section shall not apply to:
1. 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;
2. The driver of an ambulance or emergency vehicle;
3. A driver of a vehicle if all of the seatbelts in the vehicle are in use; and
4. The transportation of children who, for medical reasons, are unable to be placed in such devices.
D. Warning By Law Enforcement Officer: 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 seatbelts in the motor vehicle.
E. Penalty Imposed: Any person convicted of violating subsection A or B of this section shall be punished by a fine of ten dollars ($10.00) and shall pay a maximum of fifteen dollars ($15.00) court costs in the case. 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. (1980 Code § 20-166; amd. 2002 Code)