HomeMy WebLinkAbout557_Amend Part 15, Ch 3_Mandatory Seat Belt UseTULSA COUNTY CLERK - JOOAN HASTINGS RCPT 260878 01/12/98 11:30:43
DOC # 98002670 FEE 0.00 PGS 2 B/P 5998/1110-1111
CITY OF OWASSO, OKLAHOMA
ORDINANCE NUMBER 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 THE 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 OWASSO,
OKLAHOMA, THAT:
Section 1. Part 5, Traiffinc and Vehicles, Chamer 3, Vehicle Equipment, Section 15-3 08,
Mandatory Seatbelt, Sub -Section D of the Code of Ordinances 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should be and same is hereby repealed and Section 15-308 of the Code of Ordinances of the City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 MA-NtDATORY SEAT BELT USE.
A. Every operator and r-ront seat passenger of a passenger cal- operated in the city shall
wear a 1properly 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, pick—up
trucks, truck -tractors, recreational vehicles, vans, motorcycles or motorized bicycles.
B. 1 his 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 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 system.
C. This section shall not apply to an operator of motor vehicle who is a route carrier of
the U.S. Postal Service.
1. Every driver when transporting a child under four (4) years of age in a motor
vehicle operated ont he roadways, streets or jighways of tis city shall provide
for the protection of said child by properly using a child passenger 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 standers 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 secion 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 reauire. to be eaul-aped with safety belts
ursuant to state or f`euleral la_ws, a_nd
The driver of an ambulance or emergency vehicle: and.
d- A driver of a vehicle 1-fall of the seat belts in the vehicle are in
use, and,
e. The transportation of children who for medical reasons are
unable to be -ilaced in such devises.
4. A law -Inforcen- ent is hereby authloTized. to stop as vehidle Hfg qnpears
that the driver of the vehicle has violated the Drevisions 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.
E.
shall be punished by a fine and court costs not to exceed of Twenty Dollars
($20.00)- Any person violating Sub -Section Q of Sectioli.. 15:308., shall be
punished by a time of Ten Dollars (310. 00) and cour-r, costs in a maximum amount
of Fifteen Doilars-kiLi-00).
Section 2. This ordinance, upon adoption and Publication as provided by State Law, shall
become effective on the29th day of December, 1997
DATED this18th day of November, 1997.
By
Mary Lou Barnhouse, Mayor
ATTEST: Marcia Boutwell, City Clerk
APPROVED AS TO FORM: Ronald D Cates, City Attorney
OWASSO REPORTS
STATE OF OKLAHOMA, TULSA COUNTYss:
Published in the Owasso Reporter, Owasso, Tulsar County, Oklahoma,
November 27, 1997
Bill R. R,etherford, of lawful age, being duly sworn
and authorized, says that he is the publisher of the
Owasso reporter, a weekly newspaper published in
the City of Owasso, Tulsa County, Oklahoma, a news-
paper qualified to publish legal notices, advertise-
ments and publications as provided in Section 106 of
Title 25, Oklahoma Statutes 1971 and 1983 as
amended, and thereafter, and complies with all other
requirements of the laws of Oklahoma with reference
to legal publications.
That said notice, a trice 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 supplement, on the following dates:
November 7th 199 7
Subscribed and sworn to before .tee this
Commission expires
PUBLISHER'S FEE $ 93.60
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 Seatbelt, 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 frontseat passenger of 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,peke, 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.
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.
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
/s/ MARCIA BOUTWELL
Marcia Boutwell, City Clerk
APPROVED AS TO FORM:
/s/RONALD D. CATES
Ronald D. Cates, City Attorney
By: MARY LOU BARNHOUSE
Mary Lou Barnhouse, Mayor
MEMORANDUM
TO: RODNEY J RAY
CITY MANAGER
FROM: M.A.ALEXANDER
CHIEF OF POLICE
DATE. November 11, 1997
Recently the Oklahoma Legislature enacted a law that enables municipalities to establish
ordinances allowing police officers to make traffic stops for the purpose of enforcing mandatory
seatbelt usage. In the past, police officers have had the authority only to enforce seatbelt usage
as a secondary violation in conjunction with other traffic violations.
Effective November 1, 1997, state statutes allow (for cities that enact ordinances relating to
such) for vehicle operators observed not wearing their seatbelts to be stopped by police officers
and cited. The attached ordinance is proposed in an effort to give Owasso police officers the
authority to enforce seatbelt use by making non-use a primary violation. Statistics show a
substantial decrease in the number of traffic fatalities in the surrounding states that have enacted
the seatbelt violation as a primary law.
The proposed seatbelt ordinance also includes child safety restraint mandates for children under
the age of four. Under this ordinance, children riding as passengers in a motor vehicle must be
secured in a state approved child safety seat.
The proposed ordinance requires violators to be cited and receive a fine if found guilty in
municipal court. The seatbelt violator could, under this ordinance, receive a fine of $20.00.
Violations of the child restraint law will receive a fine of $10.00 and court costs of $15.00. The
citation does not automatically require a mandatory court appearance.
ORDINANCE #557
NOVEMBER 11, 1997
PAGE 2
City Attorney Ron Cates has reviewed the ordinance and submitted the revisions necessary for
compliance with state statute.
The staff recommends City Council approval of Ordinance #557,
ATTACHMENTS:
1. Ordinance #557