Safety Belt_Harness Ordinance AmendmentsTHE CTTY OF
DUB E
Masterpiece on the Mississippi
MEMORANDUM
October 3, 2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: City of Dubuque Code of Ordinances §32-321.445 and 32-321.446
Assistant City Attorney Crenna Brumwell is recommending amendments to the City of
Dubuque's safety belt and harness provision, as well as the child restraint ordinance to
bring the ordinances into compliance with State Code amendments.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Crenna Brumwell, Assistant City Attorney
.` ~~
THE CITY OF
DLTB L7E MEMORANDUM
Masterpiece on the Mississippi
~~~~
CRENNA M. BRUMWELL, ESQ:'~
ASSISTANT CITY ATTORNEY
To: Michael C. Van Milligen, City Manager
DATE: September 27, 2007
RE: City of Dubuque Code of Ordinances §32-321.445 and 32-321.446
Attached for your review are amendments to the City of Dubuque's safety belt and
harness provisions as well as the child restraint ordinance. The State of Iowa amended
the requirements for safety belts, harnesses and child restraint devices in 2002 and
2004 to require a higher standard. The amendments will bring the City ordinances into
compliance with the State code. I recommend this be placed on an upcoming Council
Agenda for consideration. Thank you.
cc: Terry Tobin, Assistant Police Chief
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 589-4381 / FAx (563) 583-1040 / EMAIL cbrumwel@cityofdubuque.org
Preparers Crenna M. Bramwell Address: Suite 330 300 Main Street Dubuque, IA 52001
Telephone: (563) 589-4381
ORDINANCE NO. 56-07
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES SECTION 32-321.445
SAFETY BELTS AND SAFETY HARNESSES AND SECTION 32-321.446 CHILD
RESTRAINT SYSTEM
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. City of Dubuque Code of Ordinances Section 32-321.445 Safety
Belts and safety Harnesses is hereby amended to read as follows:
Sec. 32-321.445. Safety belts and safety hamesses.
(1) It shall be unlawful for any driver or front seat occupant of a 1966 model
year or newer motor vehicle which is subject to registration in Iowa, except a
motorcycle or a motorized bicycle, not to wear a properly adjusted and fastened
safety belt or safety harness anytime the vehicle is in forward motion on a street
in this city, except that a child under eleven (11) years of age shall be secured as
required under section 32-321.446 of this division. The safety belt or safety
harness system used in the vehicle must meet standards as required under State
of Iowa code section 321.445(1) for safety belts and safety hamesses.
This section shall not apply to:
(a) The driver or front seat occupant of a motor vehicle which is not
required to be equipped for safety belts or safety harnesses under rules
adopted by the Iowa department of transportation.
(b) The driver and front seat occupants of a motor vehicle who are
actively engaged in work which requires them to alight from and reenter
the vehicle at frequent intervals, provided the vehicle does not exceed
twenty five (25) miles per hour between stops.
(c) The driver of a motor vehicle while performing duties as a rural
letter carrier for the U.S. postal service. This exemption applies between
the first delivery point after leaving the post office and the last delivery
point before returning to the post office.
(d) Passengers of a bus.
(e) A person possessing a written certification from a physician on a
form provided by the Iowa department of transportation that the person is
unable to wear a safety belt or safety harness due to physical or medical
reasons. The certification shall specify the time period for which the
exemption applies. The time period shall not exceed twelve (12) months,
at which time a new certification may be issued.
(f) Front seat occupants of an authorized emergency vehicle while
they are being transported in an emergency. However, this exemption
does not apply to the driver of the authorized emergency vehicle.
(2) The driver and front seat passengers may each be charged separately for
improperly used or non-used equipment under subsection (1).
(3) The provisions adopted by the Iowa Department of Transportation,
pursuant to State Code 321.445(5), for front seats and front seat passengers of
motor vehicles owned, leased, rented, or primarily used by persons with physical
disabilities who use collapsible wheelchairs, are hereby adopted by the City of
Dubuque.
Section 2. City of Dubuque Code of Ordinances Section 32-321.446 Child
Restraint System is hereby amended to read as follows:
Sec. 32-321.446. Child Restraint System:
(1) It shall be unlawful for any person to operate a motor vehicle transporting
a child under one year of age or weighing less than twenty (20) pounds in a
motor vehicle which is subject to registration by the state, except a school bus or
motorcycle without first securing the child in a rear facing child restraint system
which meets federal motor vehicle safety standards and is used in accordance
with the manufacturer's instructions.
(2) It shall be unlawful for any person to operate a motor vehicle transporting
a child under six (6) years of age who does not meet the description in paragraph
(1) in a motor vehicle which is subject to registration by the state, except a school
bus or motorcycle without first securing the child in a child restraint system which
is used in accordance with the manufacturer's instructions.
(3) A child at least six (6) years of age but under eleven (11) years of age who
is being transported in a motor vehicle subject to registration by the state, except
a school bus or motorcycle, shall be secured during transit by a child restraint
system that is used in accordance with the manufacturer's instruction or by a
safety belt or safety harness. The safety belt or safety harness system used in
the vehicle must meet standards as required under State of Iowa code section
321.445(1) for safety belts and safety harnesses.
(4) This section does not apply to:
(a) peace officers acting on official duty
(b) the transportation of children in 1965 model year or older vehicles
(c) authorized emergency vehicles
(d) buses
(e) motor homes, except when a child is transported in a motor home's
passenger seat situated directly to the driver's right, or
(f) the transportation of a child who has been certified by a licensed
physician as having a medical, physical, or mental condition which
prevents or makes inadvisable securing the child in a child restraint
system, safety belt or safety harness.
(5) An operator who violated subsection 1 or 2 is guilty of a simple
misdemeanor and subject to the penalty provisions of State of Iowa Code section
805.8A, subsection 14, paragraph "c". However, if a child is being transported in
a taxicab in a manner that is not in compliance with subsection (a) or (b), the
parent, legal guardian, or other responsible adult traveling with the child shall be
served with a citation for a violation of this section in lieu of the taxicab operator.
(6) A person who is first charged for a violation of subsection (a) and who has
not purchased or otherwise acquired a child restraint system shall not be
convicted if the person produces in court, within a reasonable time, proof that the
person has purchased or otherwise acquired a child restraint system which
meets federal motor vehicle safety standards.
(7) For purposes of this section, "child restraint system" means a specially
designed seating system, including abelt-positioning seat or a booster seat that
meets federal motor vehicle safety standards.
Section 3. This Ordinance shall take effect upon publication.
Passed, approved and adopted this 15th day of October , 2007.
Roy D. Buol, Mayor
Attest:
Jeanne F. Schneider, City Clerk
EFFECT OF AMENDMENT
Sec. 32-321.445. Safety belts and safety harnesses.
(1) It shall be unlawful for any driver or front seat occupant of a 1966 model
year or newer eae~el motor vehicle which is subject to registration in Iowa, except
a motorcycle or a motorized bicycle, not to wear a properly adjusted and fastened
safety belt or safety harness anytime the vehicle is in forward motion on a street
in this city, except that a child under eleven (11) °c~ years of age shall be
secured as required under section 32-321.446 of this division. The safety belt or
safety harness system used in the vehicle must meet standards as required
under State of Iowa code section 321.445(1) for safety belts and safety
harnPSSes_
This section shall not apply to:
(4a) The driver or front seat occupant of a motor vehicle which is not
required to be equipped for safety belts or safety harnesses under rules
adopted by the Iowa department of transportation.
(fib) The driver and front seat occupants of a motor vehicle who are
actively engaged in work which requires them to alight from and reenter
the vehicle at frequent intervals, provided the vehicle does not exceed
twenty five (25) miles per hour between stops.
(~c) The driver of a motor vehicle while performing duties as a rural
letter carrier for the U.S. postal service. This exemption applies between
the first delivery point after leaving the post office and the last delivery
point before returning to the post office.
(4d) Passengers of a bus.
(fie) A person possessing a written certification from a physician on a
form provided by the Iowa department of transportation that the person is
unable to wear a safety belt or safety harness due to physical or medical
reasons. The certification shall specify the time period for which the
exemption applies. The time period shall not exceed twelve (12) months,
at which time a new certification may be issued.
(6fl Front seat occupants of an authorized emergency vehicle while
they are being transported in an emergency. However, this exemption
does not apply to the driver of the authorized emergency vehicle.
(4) The driver and front seat passengers may each be charged separately for
i~roperly used or non-used equipment under subsection (1).
(5) The provisions adopted by the Iowa Department of Transportation,
pursuant to State Code 321.445(5), for front seats and front seat passengers of
motor vehicles owned, leased, rented, or primarily used by persons with physical
disabilities who use collapsible wheelchairs, are hereby adopted by the City of
Dubuque.
Sec. 32-321.446. Child Restraint System n°~es:
(1a) It shall be unlawful for any person to operate a motor vehicle transporting
a child under }hr one years of age or weighing less than twenty (20) pounds
in a motor vehicle which is subject to registration by the state h^"in,. ^ ..r^~~
except a school bus or;
motorcycle ,without first securing the child in a rear facing
child restraint system which meets federal motor vehicle safety standards and is
used in accordance with the manufacturer's instructions.
(2~) It shall be unlawful for any person to operate a motor vehicle transporting
a child `~+ I^o~+ +hr^o ~~~ „^,r~ ^f ^^^ h..+ under six (6) years of age who does not
meet the description in paragraph (1) in a motor vehicle which is subject to
registration by the state ,
e~aes~s, except a school bus; or motorcycle mr++r~ri~orl hi^,,,.~^ without first
securing the child in a ~" °~-~ "e;-e child restraint system ~•rhi„h .,,oo+~ fo,+or~~
,,,^+,T~~~c~~afe#~-~~sr-aed is used in accordance with the
manufacturer's instructions ~ °'T°+~e1# r c~fo+~i horn^cc of ~ +vr~o
(3) A child at least six (6) years of age but under eleven (11) years of age who
is being transported in a motor vehicle subject to registration by the state, except
a school bus or motorcycle, shall be secured during transit by a child restraint
system that is used in accordance with the manufacturer's instruction or by a
safety belt or safety harness. The safety belt or safety harness system used in
the vehicle must meet standards as required under State of Iowa code section
321.445(1) for safety belts and safety harnesses.
(4s) This section does not apply to_
~ peace officers acting on official duty
the transportation of children in 1965 model year or older vehicles
~ authorized emergency vehicles
(d) buses
(e) motor homes, except when a child is transported in a motor home's
passenger seat situated directly to the driver's right, or
(f) the transportation of a child who has been certified by a licensed
physician as having a medical, physical, or mental condition which
prevents or makes inadvisable securing the child in a child restraint
system, safety belt or safety harness. ,
.~d) An operator who violated subsection 1 or 2 is guilty of a simple
misdemeanor and subject to the penalty provisions of State of Iowa Code section
805.8A, subsection 14, paragraph "c". However, if a child is being transported in
a taxicab in a manner that is not in compliance with subsection (a) or (b), the
parent, legal guardian, or other responsible adult traveling with the child shall be
served with a citation for a violation of this section in lieu of the taxicab operator.
~6e) A person who is first charged for a violation of subsection (a) and who has
not _purchased or otherwise acquired a child restraint system shall not be
convicted if the person produces in court, within a reasonable time, proof that the
person has purchased or otherwise acquired a child restraint system which
meets federal motor vehicle safety standards.
~~ For purposes of this section, "child restraint system" means a specially
designed seating system, including abelt-positioning seat or a booster seat that
meets federal motor vehicle safety standards.