A. It shall be unlawful for any person to operate a motor vehicle transporting a child under one year or weighing less than twenty (20) pounds in a motor vehicle which is subject to registration by the state, except a school bus or motorcycle, without first securing the child in a rear facing child restraint system which meets federal motor vehicle safety standards and used in accordance with the manufacturer's instructions.
B. It shall be unlawful for any person to operate a motor vehicle transporting a child under six (6) years of age who does not meet the description in subsection A of this section in a motor vehicle which is subject to registration by the state, except a school bus or motorcycle, without first securing the child in a child restraint system which is used in accordance with the manufacturer's instructions. (Ord. 44-08, 6-16-2008)
C. A child at least six (6) years of age but under eighteen (18) years of age who is being transported in a motor vehicle subject to registration by the state, except a school bus or motorcycle, shall be secured during transit by a child restraint system that is used in accordance with the manufacturer's instruction or by a safety belt or safety harness. The safety belt or safety harness system used in the vehicle must meet standards as required under Iowa Code section 321.445(1) for safety belts and safety harnesses.
D. This section does not apply to the following: (Ord. 36-10, 6-21-2010, eff. 7-1-2010)
1. Peace officers acting on official duty;
2. Transportation of children in 1965 model year or older vehicles;
3. Authorized emergency vehicles;
4. Buses;
5. Motor homes, except when a child is transported in a motor home passenger seat situated directly to the driver's right; or (Ord. 44-08, 6-16-2008)
6. The transportation of a child who has been certified by a physician licensed under Iowa Code, 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.
7. A back seat occupant of a motor vehicle for whom no safety belt is available because all safety belts are being used by other occupants or cannot be used due to the use of a child restraint system in the seating position for which a belt is provided.
E. A person who violates this section is guilty of a simple misdemeanor punishable as a scheduled violation under Iowa Code section 805.8A, subsection 14, paragraph c. Violations shall be charged as follows:
1. An operator who transports a passenger under fourteen (14) years of age in violation of subsection A, B, or C of this section may be charged with a violation of this section.
2. If a passenger fourteen (14) years of age or older is unable to properly fasten a seat belt due to a temporary or permanent disability, an operator who transports such a person in violation of subsection C of this section may be charged with a violation of this section. Otherwise, a passenger fourteen (14) years of age or older who violates subsection C of this section shall be charged in lieu of the operator.
3. If a child under fourteen (14) years of age, or a child fourteen (14) years of age or older who is unable to fasten a seat belt due to a temporary or permanent disability, is being transported in a taxicab in a manner that is not in compliance with subsection A, B, or C of this section, the parent, legal guardian, or other responsible adult traveling with the child shall be served with a citation for a violation of this section in lieu of the taxicab operator. Otherwise, if a passenger being transported in the taxicab is fourteen (14) years of age or older, the citation shall be served on the passenger in lieu of the taxicab operator.
F. For purposes of this section, "child restraint system" means a specially designed seating system, including a belt positioning seat or a booster seat that meets federal motor vehicle safety standards. (Ord. 36-10, 6-21-2010, eff. 7-1-2010)