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Home My WebLink About557_Amending Mandatory Seat Belt Use /1"'" ,;) 3 1 . 1 1112/98 1 5998 1 0- 260878 2 c OW ASSO, OKLAHOMA NUMBER PAR]' 15, TRAFFIC VEHICLES, 3, VEHICLE EQUIPMENT, SECTION 15-308, MANDATORY SEATBELT USE, OF THE CODE OF ORDINANCES OF THE CITY OF OW ASSO, OKLAHOMA, REPEALING SUB-SECTION D OF SECTION 15-308, ADOPTING IN LIEU THEREOF CHILD PASSENGER RESTRAINT SYSTEM AS SUB-SECTION D SECTION 15-308, AMENDING SUB-SECTION E OF SECTION 15-308 PROVIDE FOR DIFFERING PENALTIES, DECLARING EFFECTIVE DATE -~ OF THE OWASSO, Vehicles, Chapter 3, Vehicle Equipment, Section 15-308 Code of Ordinances of the City of Ow as so, Oklahoma, is 5-308 of the Code of Ordinances of the City to-wit hereby repealed and Section should be amended as hereinafter provided, operator seat passenger a passenger car operated in the city adjusted and fastened safety system, required to installed in motor manufactured pursuant to Federal Vehicle Safety Standard 208. For the shall mean "automobile" as defined in Section 22.1 of shall not include or MAt'\JDATORY SEAT BELT USE 5-308 piGk-up trucks, wear a section, "passenger car' Oklahoma Statutes except "passenger car' truck-tractors, recreational vehicles, vans, motorcycles motorized bicycles or passenger of a passenger car in which the a physician licensed in this state that reasons. Provided. the issuance such or to, nor shall such physician thereby to any person injured by reason of such medical not give rise damages or otherwise, system is a route carrier of vehicle who motor ofa not to an operator a safety section shaH Service sectIOn shall not to an operator passenger possesses a written verification to wear a safety belt system a physician, in good whatsoever seat IS to wear incur, S 1. Every driver when under fouri1Lyears of age in a motor operated on roadways, streets or highways of this city shall provide for DroD.edy _usini? a chiW_passenger restrain.Uyste!J.L.QI the rear seat of the motor vehicle. "Child Dassemrer ets the protection of s~id child bv a secured seat in restraint svstem' means an infant or child with the federal standards for crash-tested DeDartment use of a child be of Transport'l1ion ears of age shaH belt 2 to ortinga child in this city: and, a not section A nonresident driver trans fOvisions of this 3. ..., " or other motorcycle belts moped. ed with satetv taxicab o beeguip of a school b!.ls ,. (. 12 motor vehicle not required 12ursuant to state or federal The driver and. In ana. of the seat belts in the vehicle are an ambulance or emergencv vehicle .d driver a vehicle if use: 0,,' J. driver c reasons are ortatio.1l.of children who for medical 111 e. The trans unable to be enforcenlent officer is herebv' authorized to ston a vehicle if it annears ~ -~~--- ~iver of the vehicle has violated the provisions of this section and to give warning to said driver The wamil1f! shall advise the driver of the possible or use a child p-assenger such.devises laQed danger to children resulting from the failure to install restraint svstem or seat belts in the motor vehicle l{") Any pel SOil v iolatiilg this sectioll shall be pm < , <'Hid ",ourt "osts. A.'1y person violating Sub-Section A of Section bv a and court costs not to exceed of Twentv Dollars 15-308 5-308. shall be a maximum amount violating Sub-Section D of Section 'en D ($10.00) and coun costs 5DO) punished bU Dollars shaH This ordinance, adoption publication as provided by State Law, on the be r 997 ~$ OF O""V ASSO, OKLAHOMA Mayor ~7i""lf'l->i'\:r LK 11. j[ 997 day of November, 2780-322.osb Published in the Owasso Reporter, Owasso, Tuls", County, Oklahoma, November 27, 1997 CITY OF OWASSO, OKLAHOMA ORDINANCE NO 557 AN ORDINANCE RELATING TO PART 15, TRAFFIC AND VEHICLES, CHAPTER 3, VEHICLE EQUIPMENT, SECTION 15-308, MANDATORY SEATBELT USE, OF THE CODE OF ORDINANCES OF T-E CITY OF OWASSO, OKLAHOMA, REPEALING SUB-SECTION D OF SECTION 15. 308, ADOPTING IN LIEU THEREOF CHILD PASSENGER RESTRAINT SYSTEM AS SUB-SECTION D OF SECTION 15-308, AMENDING SUB- SECTION E OF SECTION 15-308 TO PROVIDE FOR DIFFERING PENALTIES, DECLARING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OWAS. SO, OKLAHOMA, THAT: Section 1. Part 15, Traffic and Vehicles, Chapter 3, Vehicle Equipment, Section 15-308, Mandatory Seat belt, Sub-Section D of the Code of Ordi- nances of the City of Owasso, Oklahoma, should be and same is hereby repealed and Section 15-308 of the Code of Ordinances of the City of Owasso, Oklahoma, should be amended as hereinafter provided, to-wit: Section 15-308 MANDATORY SEAT BELT USE. A Every operator and front $8at passenger 01 a passenger car operated in the city shall wear a properly adjusted and fastened safety belt system, required to be installed in the motor vehicle when manufactured pursuant to Federal Motor Vehicle Safety Standard 208. For the purpose 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,~i81t H~ tn~IElliS, truck-tractors. recreational vehicles, vans, motorcy- cles or motorized bicycles. B This section shall not apply to an operator or passenger of a passen- ger 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 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 per- son injured by reason of such failure to wear a safety seat 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. ~JEl la' sJ;JfgreSl'R9I"lt sffi99r 6Rell r;:pJ3[-:9 rswtiFls stef38 81 i>Fl9terists fer tAG l3e1r!3888 sf 8FlfsrBiF1gj {Aia eet. 1. Every driver when transporting a child under four (4) years of age in a motor vehicle operated on the roadways. streets or highways of this city shall provide for the protection of said child by properly using a child pas- senger restraint system, or a properly secured seat belt in the rear seat of the motor vehicle. "Child passenger restraint system" means an infant or child passenger restraint system that meets with the federal standards for crash-tested restraint systems as set by the United States Department of Transportation. 2. Children four (4) or five (5) years of age shall be protected by use of a child passenger restraint system or a seat belt. 3 . The provisions of this section shall not apply to: a. A nonresident driver transporting a child in this city, and. b. 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: and. c. The driver of an ambulance or emergency vehicle: and. d. A driver of a vehicle if all of the seat belts in the vehicle are in use: and, e. The transportation of children who for medical reasons are unable to be placed in such devises. 4. 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 sec- tion 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. E. ^A~ J38rS8A i81e.tiA~ tl=lis 8eefieR I3R&1I ~e I3HAieRsEl ~~ a fiRS sf TeA De liars (~19.G9) a"El 88"rt 88st8, Any person violating Sub-Section A of Section 15-308, shall be punished by a fine and court costs not to exceed of Twenty Dollars ($20.00). Any person violating Sub-Section D of Section 15-308. shall be puniShed by a fine of Ten Dollars ($10.00) and court costs in a maximum amount of Fifteen Dollars ($15.00). Section 2. This ordinance, upon adoption and publication as provided by State Law, shall become effective on the 29th day of December, 1997. DATED this 18th day of November, 1997. CITY OF OWASSO, OKLAHOMA By: MARY LOU BARNHOUSE Mary Lou Barnhouse, Mayor Isl MARCIA BOUTWELL Marcia Boutwell, City Clerk APPROVED AS TO FORM: IslRONALD D. CATES Ronald D. Cates, City Attorney OWASSO REPORTER STATE OF TULSA COUNTY, ss: Bill R. Rl of lawful age, being sworn and authorized, says that he is the publisher of the Owasso a newspaper published in the of Owasso, Tulsa Oklahoma, a news- paper to legal notices, advertise- ments and as in Section 106 of Title 25, Oklahoma Statutes 1971 and 1983 as and thereafter, and complies with all other requirements of the laws of Oklahoma with reference to legal That said a true copy of which is attached was in the regular edition of said newspaper and time of and not in a on t ving dates: scribed and sworn to befo] %= lC ~i ~r\ Commission -2001 PUBLISHER'S FEE $ 93.60 D MEMORANDUM RODNEY J RAY CITY MANAGER M.A.ALEXANDER CHIEF OF POLICE FROM: REQUEST APPROVAL OF ORDINANCE #557 SUBJECT: 1997 11 November DATE BACKGROUND: Recently the Oklahoma Legislature enacted a ordinances allowing police officers to make traffic seatbelt usage. the past, police officers as a secondary violation in conjunction Effective such) for and cited restraint mandates for children under passengers in a motor vehicle must be a pnmary seatbelt ordinance also includes child safety Under this ordinance children riding as seat safety The proposed age of four secured a state approved child FINES IMPOSED BY PROPOSED ORDINANCE: violators to be cited and receive a fine if found guilty in violator could, under this ordinance, receive a fine of $20.00. law will receive a fine of $10.00 and court costs of $15.00. The appearance automatically require a mandatory court The proposed ordinance requires municipal court. The seatbelt Violations of the child restraint citation does not #557 NOVEMBER 11 19~ PAGE 2 the revisions necessary for the ordinance and submitted ATTORNEY REVIEW City Attorney Ron Cates has reviewed compliance state statute. approval of Ordinance #557 RECOMMENDATION: City Council The recommends A TT ACHlVlENTS #557 1