HomeMy WebLinkAbout1067_Amending Part 15, Ch 3 Section 15-308_Passenger Restraint for Childrenvf' 2s, TULSA COUNTY CLERK - PAT KEY
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CITY OF OWASSO, OKLAHOMA
ORDINANCE 1067
AN ORDINANCE RELATING TO PART 15, TRAFFIC & VEHICLES, CHAPTER 3, VEHICLE
EQUIPMENT, SECTION 15 -308, MANDATORY SEAT BELT USE, OF THE CODE OF
ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA, IMPOSING PASSENGER RESTRAINT
SYSTEM REQUIREMENTS UPON MOTORISTS TRANSPORTING CHILDREN UNDER EIGHT (8)
YEARS OF AGE.
THIS ORDINANCE AMENDS AND CODIFIES PART 15, CHAPTER 3, SECTION 15 -308, OF THE
CITY OF OWASSO CODE OF ORDINANCES.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT, TO -WIT:
SECTION ONE (1): Part Fifteen, Traffic & Vehicles, Chapter Three, Vehicle Equipment, Section 15-
308, Mandatory Seat Belt Use, of the Code of Ordinances of the City of Owasso, Oklahoma, shall be
amended as follows:
SECTION 15 -308 MANDATORY SEAT BELT USE
A. Every operator and front seat passenger of a passenger car operated in the city shall wear a
properly adjusted and fastened safety seat belt system, required to be installed in the motor
vehicle when manufactured pursuant to Federal Motor Vehicle Safety Standard 208. For the
purposes of this section, "passenger car' shall mean "automobile" as defined in Section 22.1
of Title 47 of the Oklahoma Statutes except that "passenger car' shall not include trucks,
truck - tractors, recreational vehicles, vans, motorcycles or motorized bicycles.
B. 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 seat belt system for medical reasons, Provided, 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.
C. This section shall not apply to an operator of a motor vehicle who is a route carrier of the U.S.
Postal Service.
D. 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 4 feet 9 inches in height, shall be properly secured in either
child passenger restraint system or child booster seat.
3. 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 C.F.R., Section 571.213.
E. If a child is eight (8) years of age or is taller than 4 feet 9 inches in height, a seat belt properly
secured to the vehicle shall be sufficient to meet the requirements of this section.
F. 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, orwhen 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
paragraph, back seat shall include all seats located behind the front seat of
a vehicle operated by a licensed child care facility or church. Provided
further, there shall be a rebuttable presumption that a child has met the
weight requirements of this paragraph if at the request of any law
enforcement officer, the licensed child care facility or church provides the
officerwith a written statement verified by the parent or legal guardian that
the child weighs more than forty (40) pounds.
G. A law enforcement officer is hereby authorized to stop a vehicle if it appears that the driver
of the vehicle has violated the provisions of this section and to give an oral warning to said
driver. The warning shall advise the driver of the possible danger to children resulting from
the failure to install or use a child passenger restraint system or seat belts in the motor
vehicle.
H. Any person violating this section shall be punished by a fine and court cost as determined by
the Court and authorized by Oklahoma State Statutes.
SECTION TWO (2): REPEALER
All ordinances, or parts of ordinances, in conflict with this ordinance are hereby repealed to the
extent of the conflict only.
SECTION THREE (3): SEVERABILITY
If any part or parts of this ordinance are deemed unconstitutional, invalid or ineffective, the
remaining portion shall not be affected but shall remain in full force and effect.
SECTION FOUR (4): DECLARING AN EFFECTIVE DATE
The provisions of this ordinance shall become effective thirty (30) days from the date of final passage
as provided by state law.
SECTION FIVE (5): CODIFICATION
This ordinance shall be codified as amended in Part 15, Chapter 3, Section 15 -308.
PASSED by the City Council of the City of Owasso, Oklahoma on the 15th day of December, 2015.
oberly, Mayor
ATTEST: ,111"x°41:
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Sherry Bisho ity Clerk oFrrcrnc o
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APPROVED as to form and legality this I (day of Dec. , 2015.
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Juli ombardi, City Attorney
Weekly
Group'
CITY OF OWASSO /LEGALS
ATTN: MARSHA HENSLEY
PO BOX 180
OWASSO, OK 74055
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OKLAHOMA WEEKLY GROUP
P.O. BOX 26945
RICHMOND, VA 23261 -6472
Account Number
1015023
Date
December 30, 2015
Date Category Description Ad Size Total Cost
1213012015 Legal Notices ORDINANCE 1067 2 x 148.00 CL 189.44
197354
Published In the Owasso Reporter, Owasso, Tulsa County,
Oklahoma, December 30, 2015.
CITY OF OWASSO, OKLAHOMA
ORDINANCE ISO
AN ORDINANCE RELATING TO PART 15, TRAFFIC a
VEHICLES, CHAPTER 3, VEHICLE EQUIPMENT, SEC.
TION 15308, MANDATORY SEAT BELT USE, OF THE
CODE OF ORDINANCES OF THE CITY OF OWASSO,
OKLAHOMA, IMPOSING PASSENGER RESTRAINT
SYSTEM REQUIREMENTS UPON MOTORISTS TRANS.
PORTING CHILDREN UNDER EIGHT (8) YEARS OF
AGE.
THIS ORDINANCE AMENDS AND CODIFIES PART 15,
CHAPTER 3, SECTION 15 -308, OF THE CITY OF OWAS-
50 CODE OF ORDINANCES.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
OWASSO, OKLAHOMA, THAT, TOwIT:
SECTION ONE (O: Part Fifteen, Traffic A Vehicles,
Chapter Three, Vehicle Equipment, Section 15308, Mandoto-
ry Seat Belt Use, of the Code of Ordinances of the City of
Owasso, Oklahoma, shall be amended as follows:
SECTION t53W MANDATORY SEAT BELT USE
A. Every operator and front Seat Passengel M a passenger
car operated in the city shall weer a properly adjusted
and fastened safety seat belt system, required! to M In-
stalled In the motor vehicle when manufactared pur-
suant to Federal Motor Vehicle Safety Standard M.
For the purposes of this section, 'passenger Car' shall
mean 'automobile' as defined in Section 22.1 of Title 47
of the Oklahoma Statutes except that "passenger car'
shall not include trucks, truck - tractors, recreational ve-
hicles, vans, motorcycles or motorized bicycles.
B. 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 li-
censed in this state that he is unable In wear o safety
seat belt SYStem.for medical reosam. Provided, the is�
suance of such verification by a physician, in good
faith, shall net ulve rise to, nor shall such Physician
thereby incur, any liability whatsoever In damages or
otherwise, to any person Iniured by reason of such falk
um to wear a safety seat belt system
C. This section shall not apply to an Operator of o motor ve-
hicle who is o route carrier of the U.S. Postal Service.
D. Every driver, when transporting a child under eight (8)
Years of age in a motor vehicle Operated on the road-
ways, streets, or highways of this state, shall provide
for the Motectlon of said child by Pmwly using a child
Passenger restraint system as follows:
1. A child under four (4) Years of age shall be Prop-
erly secured In a child Passenger restraint sys-
tem. The child Passenger restraint system shall
be rear - facing until the child reaches two (2)
Years M age or until the child reaches the welght
or height limit of the rearvfacing child Passenger
restraint system wallowed by the manufacturer
of the child Passenger restraint system, whicMv-
er occurs first; and
2. A child at least four (4) Years of age but Younger
Ran eight (8) years at age, if not taller than 4
feet 9 inches In height, shall be Properly secured
In either a child Passenger restraint system ar
child booster seat.
3. For purposes of this section, 'child Passenger re-
straint system' means an Infant or child Passen-
ger restraint system which mean the federal
standards as set by 49 C.F.R., Section 571.213.
E. If o child is eight (0) years of age or Is taller than 4 feet
9 Inches in height, a seat belt properly secured to the
vehicle shall be sufficient to meet the requirements of
this section.
F. The provisions of this section shall not apply to
1. The driver of o school bus, taxicab, moped, motor-
cycle, or other motor vehicle not required to be
ecuiPped with safety belts pursuant to state or
federal laws;
2. The driver of an ambulance or emergency vehi-
cle;
3. The driver of a vehicle in which all of the seat
belts are in use;
4. The transportation of children who far medical
reasons are unable to be placed In such devices,
Provided there is written documentation from a
Physician of such medical reason; or
S. The transportation M a child who weighs more
than forty (40) Pounds and who is being trans-
ported In the back seat of a vehicle while wearing
only a lap safety belt when the back seal 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. Providetl. however. tnr
has met
Or
more man tarty (4) Pounds
G.A law enforcement officer is hereby authorized to stop
a vehicle if it appears that the driver of the vehicle has
violated the Provisions of this section and to give an or-
al warning to said driver. The warning shall advise the
driver of the possible danger to children resulting from
the failure to install or use a child passenger restraint
System or seat belts in the motor vehicle.
H. Any Person violating this section shall Be Punished by a
fin. find
Proof of Publication
I, of lawful age, being duly sworn, am a legal representative of
Owasso Reporter of Owasso, Oklahoma, a Weekly newspaper of
general circulation in Tulsa, Oklahoma, a newspaper qualified to
publish legal notices, advertisements and publications as
provided in Section 106 or Title 25, Oklahoma Statutes 1971 and
1982 as amended, and thereafter, and complies with all other
requirements of the laws of Oklahoma with reference to legal
publications. That said notice, a true copy of which is attached
hereto was published in the regular edition of said newspaper
during the period and time of publication and not in a
12/30/2015
Newspaper reference: 0000197354
�/ . �W1w
Legal l
Swom to and subscribed before me this date:
My Commission expires:
Notary
0- /O' /�
THIS IS NOT A BILL. PLEASE PAY FROM INVOICE.
THANK YOU
O—T City Wit out Limifs.
TO:
FROM:
SUBJECT:
DATE:
The Honorable Mayor and City Council
City of Owasso
Julie Trout Lombardi
City Attorney and General Counsel
APp'�OVED 8Y COUNCiL
DEC 15 415
Ordinances and Amendments Regulating Texting While Driving, Vapor Products
and Child Passenger Restraint System Requirements.
December 11, 2015
BACKGROUND:
Changes in State law have prompted consideration of one new ordinance prohibiting texting
and driving, and amendments to current sections in the Owasso Code or Ordinances 1)
prohibiting minors from obtaining and using tobacco products, and, 2) imposing requirements
for child passenger restraint systems.
Texting While Driving
The State enacted legislation prohibiting texting while driving which became effective on
November 1, 2015. It is necessary for the City of Owasso to adopt its own municipal ordinance
so that citations for this offense may be prosecuted in the City's municipal court. Ordinance No.
1065, which creates section 15 -558 titled " Texting While Driving," mirrors the statute adopted by
the State. This ordinance provides that it shall be unlawful for any person operating a motor
vehicle to use a hand -held communication device to manually compose, send or read an
electronic text message while the vehicle is in motion.
The ordinance further provides that violations of the ordinance may be punished with a fine not
to exceed that allowed by state law (currently set at $100). The ordinance additionally contains
a list of exceptions outlining scenarios wherein the prohibition against texting and driving would
not apply. These include communication in emergency situations with emergency response
operators, hospitals and other medical providers, ambulance services, firefighting services and
law enforcement.
Amendments to Ordinances Prohibiting Furnishing Tobacco Products to Minors and Receipt of
Tobacco Products by a Minor
The Owasso City Council approved ordinances several years ago prohibiting the furnishing and
receipt of tobacco products to and by minors. Those ordinances imposed penalties upon
persons who sell or otherwise provide tobacco products to minors, and upon minors who
purchase, accept or possess tobacco products. These ordinances substantially mirrored
corollary state laws authorizing municipalities to enact ordinances of this type.
In 2014, the Legislature amended State law to prohibit vapor products in addition to tobacco
products. Consequently, it is advisable for the City to consider amending its own ordinances to
include vapor products as well. Ordinance No. 1066 again mirrors the amendments made to
State law in this regard. The punishment for providing vapor products to minors is a graduated
schedule of increasing fines with eventual potential loss of a business's sales tax permit. Failure
to remit payment of an imposed fine may also result in suspension or non - issuance of the
offender's driver's license.
Amendments to Child Passenger Restraint System Requirements
Section 15 -308 of the Owasso Code of Ordinances mirrors State law in setting forth requirements
for child passenger restraint systems. Effective November 1, 2015, State law was amended to
contain additional requirements for children eight (8) years of age and younger or who are four
(4) feet nine (9) inches in height or shorter. Based upon the significant amendments to State law,
it is advisable for the City of Owasso to adopt identical amendments as proposed in Ordinance
No. 1067
RECOMMENDATION:
Staff recommends approval of Ordinances 1065, 1066 and 1067.
ATTACHMENTS:
Ordinance 1065 prohibiting texting while driving
Ordinance 1066 amending sections relating to tobacco and minors to include vapor products
Ordinance 1067 amending child passenger restraint system requirements