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A. Every driver, when transporting a child under eight (8) years of age in a motor vehicle operated on the roadways, streets, or highways of this state, shall provide for the protection of said child by properly using a child passenger restraint system as follows:
1. A child under four (4) years of age shall be properly secured in a child passenger restraint system. The child passenger restraint system shall be rear facing until the child reaches two (2) years of age or until the child reaches the weight or height limit of the rear facing child passenger restraint system as allowed by the manufacturer of the child passenger restraint system, whichever occurs first; and
2. A child at least four (4) years of age but younger than eight (8) years of age, if not taller than four feet nine inches (4'9") in height shall be properly secured in either a child passenger restraint system or child booster seat.
For purposes of this section, "child passenger restraint system" means an infant or child passenger restraint system which meets the federal standards as set by 49 CFR, section 571.213.
B. If a child is eight (8) years of age or is taller than four feet nine inches (4'9") in height, a seat belt properly secured to the vehicle shall be sufficient to meet the requirements of this section.
C. 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. The driver of a vehicle in which all of the seat belts are in use;
4. The transportation of children who for medical reasons are unable to be placed in such devices, provided there is written documentation from a physician of such medical reason; or
5. The transportation of a child who weighs more than forty (40) pounds and who is being transported in the back seat of a vehicle while wearing only a lap safety belt when the back seat of the vehicle is not equipped with combination lap and shoulder safety belts, or when the combination lap and shoulder safety belts in the back seat are being used by other children who weigh more than forty (40) pounds. Provided, however, for purposes of this subsection C5, back seat shall include all seats located behind the front seat of a vehicle operated by a licensed childcare facility or church. Provided further, there shall be a rebuttable presumption that a child has met the weight requirements of this subsection C5 if at the request of any law enforcement officer, the licensed childcare facility or church provides the officer with a written statement verified by the parent or legal guardian that the child weighs more than forty (40) pounds. (Ord. 6213, 10-12-2015, eff. 11-1-2015)