A. Every driver when transporting a child under four (4) years of age in a motor vehicle operated on the roadways, streets, or highways of this City shall provide for the protection of the child by properly using a child passenger restraint system or a properly secured seat belt in the rear seat of the motor vehicle. For purposes of this section "child passenger restraint system" means an infant or child passenger restraint system that meets the Federal standards for crash-tested restraint systems as set by the United States Department of Transportation.
B. Children four (4) or five (5) years of age shall be protected by use of a child passenger restraint system or a seat belt.
C. The provisions of this section shall not apply to:
1. A nonresident driver transporting a child in this City;
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. A driver of a vehicle if all of the seat belts in the vehicle are in use; and
5. The transportation of children who for medical reasons are unable to be placed in such devices.
D. 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 seat belts in the motor vehicle.
E. Any person convicted of violating subsections A and 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 thereof. This fine shall be suspended in the case of the first offense upon proof of purchase or acquisition by the loan of a child passenger restraint system. (Ord. 330, 11-3-1987)