(a) On or after the effective date of this section a person shall not operate a passenger vehicle on a public street or highway within the corporate limits of the City of Fairmont unless the person, any passenger in the back seat under eighteen years of age, and any passenger in the front seat of such passenger vehicle is restrained by a safety belt meeting applicable federal motor vehicle safety standards. For purposes of this section, the term “passenger vehicle” means a motor vehicle which is designed for transporting ten passengers or less, including the driver, except that such term does not include a motorcycle, a trailer, or any motor vehicle which is not required on the effective date of this ordinance under a federal motor vehicle safety standard to be equipped with a belt system. The provisions of this section shall apply to all passenger vehicles manufactured after the first day of January, 1967 and being 1968 models and newer.
(b) The required use of safety belts as provided herein does not apply to a duly appointed or contracted rural route carrier of the United States Postal Service who is actually making mail deliveries or to a passenger or operator with a physically disabling condition whose physical disability would prevent appropriate restraint in such safety belt if the condition is duly certified by a physician who shall state the nature of the disability as well as the reason such restraint is inappropriate. For purposes of such certification, the City of Fairmont shall recognize any certification of physical disability and the use of an alternative restraint system or the waiver of the requirement for the use of any restraint system recognized by the West Virginia Division of Motor Vehicles.
(c) Any person who violates this section shall be fined not more than twenty-five dollars ($25.00). No court costs or other fees shall be assessed for a violation of this section. Enforcement of this section shall be accomplished only as a secondary action when a driver of a passenger vehicle has been detained for probable cause of violating another section of this code.
(d) Nothing contained in this section shall be construed to abrogate or alter the provisions of Section 345.31 relating to the mandatory use of child passenger safety devices.
(Ord. 1232. Passed 7-8-03.)