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HomeMy WebLinkAbout1988-3087 SAFETY BELTS ' • • • ORDINANCE ��ORDINANCE NO. 3007 • AN ORDINANCE relating to traffic and the use of safety belts In motor vehicles; providing for a traffic infraction; and enacting a new Section 9.50.400 of the City of Yakima Municipal Code. ��; � ���� `w� BE IT ORDAINED BY THE CITY OF YAKIMA: • Section 1. Section 9.50.400 is hereby enacted as a new section of the • City of Yakima Municipal Code, to read as follows: • "SAFETY BELTS 9.SO.40O Safety Belts, Use ired - Penalties - Exemptions. A. For purposes of t is section, the term motor vehicle' includes: (1) 'Buses', meaning motor vehicles with motive power, except trailers, designed to carry more than ten passengers; (2) 'Multipurpose passenger vehicles', meaning motor vehicles with motive power, except trailers, designed to carry ten persons or less that are constructed either on a truck chassis or with special features for occasional off-road operation; (3) 'Passenger cars', meaning motor vehicles with motive power, except multipurpose passenger vehicles, motorcycles, or trailers, designed for carrying ten passengers or less; and (4) 'Trucks', meaning motor vehicles with motive power, except trailers, designed primarily for the transportation of property. B. This section only applies to motor vehicles that meet the manual seat belt safety standards as set forth in Federal Motor Vehic|m Safety Standard, section 571,208 of Title 49 Code of Federal Regulations, Chapter V. This section does not apply to a vehicle occupant for whom no safety belt is available when all designated seating' itions as required by said section 571.208 are occupied. C. Every person sixteen years of age or older operating or riding in a motor vehicle shall wear the safety belt assembly in a properly adjusted and securely fastened manner. D. No person may operate a motor vehicle unless all passengers under the age of sixteen years are either wearing a safety belt assembly or are securely fastened into a child restraint device approved by the State COmnission On Equipnent, E. A person violating this section shall be issued a notice of traffic infraction under Chapter 46.63 RCN. A finding that a person has cmnnittmd a traffic infraction under this section shall be contained in the driver's abstract but shall not be available to insurance companies or ' employers. ���� ��� F. Failure to comply with the requirements of this section does not constitute negligence, nor' may failure to wear a safety belt assembly be admissable as evidence of negligence in any civil action. C. Enforcement of this section by law enforcement officers may be accomplished only as a secondary action when a driver of a motor vehicle has been detained for a suspected violation of Title 46 of the Revised Code of Washington or Title 9 of the City of Yakima Municipal Code. DLEGAL 84 ' ^ ' H, This section does not apply to an operator or passenger vino possesses written verification from a licensed physician that the operator or passenger is unable to wear a safety belt for physical or medical reasons." • • ���N ��� Section 2. This ordinance shall be in full force and effect thirty days after its passage, approval, and publication as provided by law and the City Charter. PASSED BY THE CITY COUNCIL; signed and approved this � «�- day of " 1988 ^ ��' 64,- - ~� wmnon ATTEST: *� � / . CITY CLERK MAR 1 A �°�; Publication Date: �`` 1 ° ` �p� 1 7�A� Effective Date: «�" ^, ^ ' ~~ ���� ��N� ' DLEGAL B5