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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