§ 7.06.020. Mandatory use of safety belt systems.

(a)

Definitions. For purposes of this Section only, the following definitions shall apply:

Motor vehicle means a self-propelled vehicle intended primarily for use and operation on the public highway, including passenger cars, station wagons, vans, taxicabs, ambulances, motor homes and pickups. The term does not include motorcycles, motorscooters, motorbicycles, motorized bicycles, passenger buses, school buses and farm tractors and implements of husbandry designed primarily or exclusively for use in agricultural operations.

Safety belt system means a system utilizing a lap belt, a shoulder belt or any other belt or combination of belts installed in a motor vehicle to restrain drivers and passengers, which system conforms to federal motor vehicle safety standards.

(b)

Unless exempted, every driver of and every front seat passenger in a motor vehicle equipped with a safety belt system shall wear a fastened safety belt while the motor vehicle is being operated on a street or highway in this Town. This requirement shall not apply to:

(1)

A child required by Section 42-4-235, C.R.S., or Subsection (e) below to be restrained by a child restraint system;

(2)

A member of an ambulance team, other than the driver, while involved in patient care;

(3)

A police officer while performing official duties, so long as the performance of such duties is in accordance with Town rules and regulations applicable to such officer and such rules and regulations require the officer to wear a fastened safety belt except when nonuse of a belt is necessary to protect the officer;

(4)

A person with a physically and psychologically disabling condition whose physical or psychological disability prevents appropriate restraint by a safety belt system if such person possesses a written statement by a physician certifying the condition, as well as stating the reason why such restraint is inappropriate;

(5)

A person driving or riding in a motor vehicle not equipped with a safety belt system due to the fact that federal law does not require such vehicle to be equipped with a safety belt system;

(6)

A rural letter carrier of the United States postal service while performing duties as a rural letter carrier; and

(7)

A person operating a motor vehicle for commercial or residential delivery or pickup service; except that such person shall be required to wear a fastened safety belt during the time period prior to the first delivery or pickup of the date and during the time period following the last delivery or pickup of the day.

(c)

Any person who operates a motor vehicle while he or she or any passenger is in violation of the requirement of Subsection (b) above may be fined in an amount not less than twenty-five dollars ($25.00) and not more than three hundred dollars ($300.00).

(d)

No driver or passenger in a motor vehicle shall be cited for a violation of Subsection (b) above unless the driver was stopped by a police officer for another alleged violation of law.

(e)

Unless exempted, every child, who is under four (4) years of age and weighs under forty (40) pounds, being transported in this Town in a privately owned noncommercial passenger vehicle, shall be provided with a child restraint system suitable for the child's size and shall be properly fastened into such child restraint system which is in a seating position which is equipped with a safety belt or other means to secure the system according to the manufacturer's instructions. It is the responsibility of the driver transporting children, subject to the requirements of this Section, to ensure that such children are provided with and that they properly use a child restraint system. This requirement shall not apply to a child who:

(1)

Is being transported in a motor vehicle in which all seating positions equipped with safety belts or child restraint systems are occupied; or

(2)

Is being transported in a motor vehicle as a result of a medical emergency.

(f)

As used in Subsection (e) above, unless the context otherwise requires:

Child restraint system means any device which is designed to protect, hold or restrain a child in a privately owned noncommercial passenger vehicle in such a way as to prevent or minimize injury to the child in the event of a motor vehicle accident and which conforms to all applicable federal motor vehicle safety standards.

Safety belt means a lap belt, a shoulder belt or any other belt or combination of belts installed in a motor vehicle to restrain drivers and passengers, except any such belt which is physically a part of a child restraint system. Safety belt includes the anchorages, the buckles and all other equipment directly related to the operation of the safety belt.

Seating position means any motor vehicle interior space intended by the motor vehicle manufacturer to provide seating accommodation while the motor vehicle is in motion.

(g)

Any person who operates a motor vehicle in violation of the requirements of Subsection (e) above may be fined in an amount not less than fifty dollars ($50.00) and not more than four hundred ninety-nine dollars ($499.00).

(h)

Testimony at a trial for a violation charged pursuant to Subsection (b) of this Section may include:

(1)

Testimony by a police officer that he or she observed the person charged operating a motor vehicle while the operator or any passenger was in violation of the requirement of Subsection (b) of this Section; or

(2)

Evidence that the driver removed the safety belts, or knowingly drove a vehicle from which the safety belts had been removed.

(Ord. 5.06.4 §2(3-132), 1989)