HomeMy WebLinkAbout976_Child Passenger Restraint SystemTulsa County Clerk - EARLENE WILSON
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CITY OF OWASSO, OKLAHOMA
ORDINANCE NO. 976
AN ORDINANCE RELATING TO PART 15, TRAFFIC AND VEHICLES, CHAPTER 3, VEHICLE EQUIPMENT,
SECTION 15-308, MANDATORY SEAT BELT USE, OF THE CODE OF ORDINANCES OF THE CITY OF OWASSO,
OKLAHOMA, AMENDING SAME BY INCREASING THE AGE REQUIREMENT FOR CHILD PASSENGER
RESTRAINT SYSTEMS FROM FOUR (4) YEARS TO SIX (6) YEARS, TO REFLECT STATE STATUTE LANGUAGE
REGARDING THE SAME.
THIS ORDINANCE AMENDS PART 15, CHAPTER 3, OF THE CITY OF OWASSO CODE OF ORDINANCES BY
AMENDING SECTION 15-308.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT, TO-WIT:
SECTION ONE (1): Part Fifteen, Traffic and 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 shall be amended to read 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. (1) Every driver when transporting a child under six (6) 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 passenger restraint system. "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 at least six (6) years of age but younger than thirteen (13) years of age and
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. 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;
b. The driver of an ambulance or emergency vehicle;
C. The driver of a vehicle in which all of the seat belts are in use; and,
d. The transportation of children who for medical reasons are unable to
be placed in such devices.
(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 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. 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, as amended, shall be codified in Part 15, Chapter 4, as section 15-308 in the Owasso
Code of Ordinances.
PASSED by the City Council of the City of Owasso, Oklahoma on the 21,1 day of December
Doug Bonebrake, Mayor
APPROVED as to form and legality this Z 1 day of December, 2010.
Julie Lombardi, City Attorney
2010.
PUBLISHERIS AFFIDAVIT
ORD NO. 976
PUBLICATION DATE(S)
12/29/10
CASE NUMBER: ORD NO. 976
AD NO: 00116661
LEGAL NOTICE
STATE OF OKLAHOMA
COUNTY OF Tulsa SS
I, of lawful age, being duly sworn, am a legal representative
of Owasso Reporter of Owasso, Oklahoma, a weekly newspa-
per of general circulation in Tulsa, Oklahoma, a newspaper
qualified to publish legal notices, advertisements and publica-
tions as provided in Section 106 of Title 25, Oklahoma
Statutes 1971 and 1982 as amended, and thereafter, and com-
plies 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 publi-
cation and not in a supplement, on the ABOVE LISTED
DATE(S)
Representative 419nature
Subscribed to and sworn to me this 30th day of December, 2010
Notary Public
CARMEN APP
My commission number: 06011683
My commission expires: December 8, 2014
Customer 00000779
Customer: CITY OF OWASSO
Publisher's Fee: 161.00
CARMEN TAPP
NOTARY PUBLIC
STATE OF OKLAHOMA
COMMISSION NO. 06011683
EXPIRES 12-8-2014
116661
Published in the Owasso Reporter, Owasso, Tulsa County, Oklahoma, December 29, 2010.
CITY OF OWASSO, OKLAHOMA
ORDINANCE NO. 976
AN ORDINANCE RELATING TO PART 15, TRAFFIC AND VEHICLES, CHAPTER 3,
VEHICLE EQUIPMENT, SECTION 15-308, MANDATORY SEAT BELT USE, OF THE
CODE OF ORDINANCES OFTHE CITY OF OWASSO, OKLAHOMA, AMENDING SAME
BY INCREASING THE AGE REQUIREMENT FOR CHILD PASSENGER RESTRAINT
SYSTEMS FROM FOUR (4)YEARS TO SIX (6)YEARS,TO REFLECT STATE STATUTE
LANGUAGE REGARDING THE SAME.
THIS ORDINANCE AMENDS PART 15, CHAPTER 3, OFTHE CITY OF OWASSO CODE
OF ORDINANCES BY AMENDING SECTION 15-308.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT,
TO-WIT:
SECTION ONE (1): Part Fifteen, Traffic and 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 shall be amended to read 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 bicy-
cles.
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 per-
son 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. (1) Every driver when transporting a child under six (6) 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 passenger restraint system. "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 at least six (6) years of age but younger than thirteen (13) years of age and
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. 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;
b. The driver of an ambulance or emergency vehicle;
c. The driver of a vehicle in which all of the seat belts are in use; and,
d. The transportation of children who for medical reasons are unable to be placed in such
devices.
(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 section and to give an oral warning
to said driver. The warning shall advise the driver of the possible danger to children result-
ing from the failure to install or use a child passenger restraint system or seat belts in the
motor vehicle.
E. Any person violating this section shall be punished by a fine and court cost as deter-
mined 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, as amended, shall be codified in Part 15, Chapter 4, as section 15-308 in
the Owasso Code of Ordinances.
PASSED by the City Council of the City of Owasso, Oklahoma on the 21st day of
December, 2010.
/s/Doug Bonebrake, Mayor
/s/ Sherry Bishop, City Clerk