A. Use Required:
1. Every driver, when transporting a child under six (6) years of age, or 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 said child properly using a child passenger restraint system. For purposes of this section, "child passenger restraint system" means an infant or child passenger restraint system which meets federal and state standards.
2. Children at least six (6) years of age but younger than thirteen (13) years of age shall be protected by use of a child passenger restraint system or a seat belt.
B. Exemptions: The provisions of this section shall not apply to:
1. A nonresident driver transporting a child within the city; (Ord. 472, 7-16-2001; amd. 2013 Code)
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; or (Ord. 472, 7-16-2001)
5. The transportation of children who, for documented medical reasons, are unable to be placed in such devices. (Ord. 472, 7-16-2001; amd. 2013 Code)
C. Police Authority: 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 said 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 belt in the motor vehicle.
D. Court Proceedings:
1. A violation of the provisions of this section shall not be admissible as evidence in any action or proceeding for damages.
2. 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. (Ord. 472, 7-16-2001)