(A) (1) Any person, who drives any motor vehicle within the city which is required by the state statutes to have an occupant protection system, as that term is defined in the state statutes, shall ensure that all children up to six years of age being transported by such vehicle use a child passenger restraint system of a type which meets Federal Motor Vehicle Safety Standard 213 as developed by the National Highway Traffic Safety Administration, as such standard existed on January 1, 2004, and which is correctly installed in such vehicle; and all children six years of age and less than 18 years of age being transported by such vehicle use an occupant protection system.
(2) This division (A)(2) shall apply to every motor vehicle which is equipped with an occupant protection system or is required to be equipped with restraint systems pursuant to Federal Motor Vehicle Safety Standard 208, as such standard existed on January 1, 2004, except taxicabs, mopeds, motorcycles, and any motor vehicle designated by the manufacturer as a 1963 year model or earlier which is not equipped with an occupant protection system.
(B) Whenever any physician licensed to practice medicine in the state determines, through accepted medical procedures, that use of a child passenger restraint system by a particular child would be harmful by reason of the child’s weight, physical condition, or other medical reason, the provisions of division (A) above shall be waived. The driver of any vehicle transporting the child shall carry on his or her person or in the vehicle a signed written statement of the physician identifying the child and stating the grounds for the waiver.
(C) The drivers of authorized emergency vehicles as defined in Article 1 of this chapter shall not be subject to the requirements of division (A) above when operating authorized emergency vehicles pursuant to their employment
(D) A driver of a motor vehicle shall not be subject to the requirements of division (A) above if the motor vehicle is being operated in a parade or exhibition and the parade or exhibition is being conducted in accordance with applicable state law and with this municipal code, or any resolution adopted pursuant to this municipal code.
(Ord. 3792, passed - -2004)