HomeMy WebLinkAbout103 - 08/15/1995 - AMENDING CITY CODE RELATING TO RESTRAINT SYSTEMS REQUIRED FOR PROTECTION OF CHILDREN RIDING IN MOTOR ORDINANCE NO. 103, 1995
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 28-17 OF THE CODE OF THE CITY OF FORT COLLINS
RELATING TO RESTRAINT SYSTEMS REQUIRED FOR THE PROTECTION
OF CHILDREN RIDING IN MOTOR VEHICLES UNDER THE
"MODEL TRAFFIC CODE FOR COLORADO MUNICIPALITIES,"
1977 EDITION
WHEREAS, in its 1995 legislative session, the Colorado General Assembly adopted Senate
Bill 95-164 which amended provisions of C.R.S. §42-4-236, concerning the use of child restraint
systems and seat belts in motor vehicles; and
WHEREAS, prior to these amendments, C.R.S. §42-4-236 and §42-2-237 required, with
some exceptions, that residents of this State driving a privately owned noncommercial motor
vehicles must provide a child restraint system for every child in the vehicle who is under four (4)
years of age and weighs under forty(40) pounds and a seat belt for every child in the vehicle who
is at least four(4) years of age and weighs forty (40) pounds or more, but only if they are seated in
the driver's seat or in a front passenger seat; and
WHEREAS, as a result of these amendments to C.R.S. §42-4-236, all drivers of privately
owned noncommercial motor vehicles are now required, with some exceptions,to provide a seat belt
for every child in the vehicle who is at least four (4) years of age but less than sixteen (16) years of
age or who is less than four (4) years of age and weighs forty (40) pounds or more, regardless of
where they are seated in the motor vehicle; and
WHEREAS, prior to these amendments to C.R.S. §42-4-236, a child care center vehicle was
not considered a"privately owned noncommercial motor vehicle" and, therefore, child care centers
were not required to provide child restraint systems or seat belts for children traveling in their
vehicles; and
WHEREAS, with these amendments to C.R.S. §42-4-236, drivers of child care center
vehicles are now required, with some exceptions, to provide a child restraint system for every child
in the vehicle who is under the four (4) years of age and weighs under forty (40) pounds and a seat
belt for every child in the vehicle who is at least four(4) years of age but less than sixteen (16)years
of age or is less than four (4) years of age and weighs forty (40) pounds or more; and
WHEREAS, Sec. 20-18 of the City's Model Traffic Code currently sets forth the provisions
of C.R.S. §42-4-236 as they existed prior to these 1995 amendments; and
WHEREAS, it is in the best interests of the health, safety and welfare of the citizens of Fort
Collins that such amendments be incorporated into the City'sModel Traffic Code at See. 20-18.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that Sec. 28-17 of the Code of the City of Fort Collins is hereby amended to add or amend
sections or subsections of the "Model Traffic Code for Colorado Municipalities," 1977 Edition, in
numerical sequence with previous amendments and additions contained in Sec. 28-17, to read as
follows:
Sec. 28-17. Amendments to the adopted code.
(21) Section 20-18, Child restraint systems required, is amended as
follows:
"Sec. 20-18. Child restraint systems required.
"(a) As used in this section, the following phrases
shall have the following definitions:
"Child care center - A facility required to be licensed
under the "Child Care Act," Article 6 of Title 26 of
the Colorado Revised Statutes.
Child restraint system- Any device that is designed to
protect, hold or restrain a child in a motor vehicle is
such a way as to prevent or minimize injury to the
child in the event of a motor vehicle accident and that
conforms to all applicable federal motor vehicle safety
standards.
"Safety belt - A lap belt, a shoulder belt or any other
belt or combination of belts installed in a motor
vehicle to restrain drivers and passengers, except any
such belt which is physically a part of a child restraint
system. `Safety belt' includes the anchorages, the
buckles and all other equipment directly related to the
operation of safety belts.
"Seating position - Any motor vehicle interior space
intended by the motor vehicle manufacturer to provide
seating accommodation while the motor vehicle is in
motion.
"(b) Unless exempted pursuant to paragraph (f) of
this section, every child, who is under four (4) years
of age and weighs under forty (40) pounds, being
transported in the city in a privately owned,
2
noncommercial passenger vehicle or in a vehicle
operated by a child care center, shall be provided with
a child restraint system suitable for the child's size
and shall be properly fastened into such child restraint
system which is in a seating position which is
equipped with a safety belt or other means to secure
said system according to the manufacturer's
instructions.
"(c) Unless exempted pursuant to paragraph (f) of
this section, every child, who is at least four(4) years
of age but less than sixteen (16) years of age or who
is less than four(4) years of age and weighs forty(40)
pounds or more, being transported in this state in a
privately owned noncommercial vehicle or in a
vehicle operated by a child care center, shall be
provided with a safety belt and shall be properly
fastened into the safety belt according to the
manufacturer's instructions.
"(d) It is the responsibility of the driver
transporting children, subject to the requirements of
this section, to ensure that such children are provided
with and that they properly use a child restraint system
or a safety belt.
"(e) No person shall use a safety belt or child
restraint system, whichever is applicable under the
provisions of this section, for children under sixteen
(16) years of age in a motor vehicle unless it
conforms to all applicable federal motor vehicle safety
standards.
"(f) The requirements of this section shall not
apply to a child who:
(1) Is being transported in a privately owned
noncommercial motor vehicle in which all seating
positions equipped with safety belts or child restrain
systems are occupied;
(2) Is being transported in a motor vehicle as a
result of a medical emergency;
3
(3) Is being transported in a commercial motor
vehicle, as defined in C.R.S. §42-2-402(4)(a), that is
operated by a child care center; or
(4) Is the driver of a motor vehicle and is subject
to the safety belt requirements of Model Traffic Code
Sec. 20-19.
Introduced, considered favorably on first reading, and ordered published this Ist day of
August, A.D. 1995, and to be presented for final passage on the I y of August 19 5.
Mayor
v
ATTEST:
11—x
City Clerk
Passed and adopted on final reading this 15th day o�?A.D. 1995.
Mayor
ATTEST:
City Clerk
4