A. Safety Belt System Required: Every operator and front seat passenger of a passenger car operated in this city shall wear a properly adjusted and fastened safety seat belt system, required to be installed in the motor vehicle when manufactured pursuant to 49 CFR section 571.208. For the purposes of this subsection, "passenger car" shall mean "vehicle" as defined in 47 Oklahoma Statutes section 1102, except that "passenger car" shall not include trucks, truck tractors, recreational vehicles, vans, motorcycles or motorized bicycles. (Ord. 2005-7, 9-20-2005, eff. 11-1-2005)
B. Medical Exception; Postal Carrier: Subsection A of this section shall not apply to an operator or passenger of a passenger car in which the operator or passenger possesses a written verification from a physician licensed in this state that he is unable to wear a safety belt system for medical reasons. The issuance of such verification by a physician, in good faith, shall not give rise to, nor shall such physician thereby incur, any liability whatsoever in damages or otherwise, to any person injured by reason of such failure to wear a safety seat belt system. Subsection A of this section shall not apply to an operator of a motor vehicle who is a route carrier of the U.S. postal service. (1988 Code § 15-556)
C. Child Passenger Restraint System Required: Every driver when transporting a child under six (6) 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. 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. For purposes of this subsection, "child passenger restraint system" means an infant or child passenger restraint system that meets the federal standards as set by 49 CFR section 571.213. The provisions of this subsection shall not apply to: (Ord. 2005-7, 9-20-2005, eff. 11-1-2005)
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. A driver of a vehicle if all of the seat belts in the vehicle are in use; and
4. The transportation of children who for medical reasons are unable to be placed in such devices. (1988 Code § 15-556; amd. Ord. 2005-7, 9-20-2005, eff. 11-1-2005)
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, 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 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.
D. Enforcement:
1. Any person convicted of violating subsection A of this section shall be punished by a maximum fine and court costs not to exceed twenty dollars ($20.00). Any person convicted of violating subsection C of this section shall be punished by a maximum fine of fifty dollars ($50.00) plus court costs. However, the fine for a violation of subsection C of this section shall be suspended and court costs shall be assessed in the amount of fifteen dollars ($15.00) upon proof of purchase or acquisition by loan of a child passenger restraint system. (Ord. 2005-7, 9-20-2005, eff. 11-1-2005)