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007 of 1985 - Child Restraint Device 0 85-5 SALT I,AKF CITY ORDINAr'IrF No. 7 of 1985 (Child Restraint Device) AN ORDINANCP AMFNDIrJG THE TPAPPIr rODE OF TuF PFx7ISFn ORDINANCES OF SALT LAKE CITY, UTAH, 1965, RY ADDING A NPVT ARTICLE 24, RELATINC TO CHILD PASSFTTCFP SAFETY. Be it ordained by the City Council of Salt Fake City, Utah : SECTION 1 . That a new Article 24 be added to the Traffic Code of the Revised Ordinances of Salt Lake City, Utah, including new Section 294, to read as follows: Article 24. CHILD PASSENGER SAFETY Sec. 294 . Child passenger safety. Definitions. ( 1 ) As used in this section , "motor vehicle" means a vehicle defined in Article 1 of Section 41-1-1 of these ordinances, except: authorized emergencv vehicles defined in Article 1 of Section 41-1-1 , mopeds, campers, sleepers, motorcycles, motorhomes, school buses, taxicabs, vehicles owned , operated, or leased by a public transit district, commercial vehicles owned or operated by persons holding a certificate of convenience and necessity issued by the Public Service Commission of the State of Utah, or vehicles which weigh over 10 ,000 pounds gross weight which are not equipped with seat belts by the manufacturer. J J a ( 2 ) Child restraint device reauirecl. A parent or legal guardian driver, who is transportina his or her child in a motor vehicle on a street or hiahway within Salt Lake City shall: ( a) Provide for the protection of a child younger than two years of aqe by using a child restrainina device approved by the Commissioner of Public Safety of the State of Utah to restrain the child in the manner prescribed by the manufacturer: (b) Provide for the protection of a child two years of aqe or older, who is not yet five years of aqe, by usina either a child restraining device or a safety belt approved by the Commissioner of Public. Safety of. the State of Utah to restrain the child in the manner prescribed by the manufacturer. . (3 ) Excertions. Subsection ( 2) does not apply where all seating positions which can be equipped with child restraining devices or safety belts are occupied by other nassenaers. (4 ) Punishment . (a) A driver convicted of a violation of this section is quilty of an infraction and shall he fined not more than $20 per offense. (b) The court in which a charge is pending shall dismiss the action against a driver who, during or before any court appearance on the matter, submits proof of acnuisition, rental, or purchase of a child restraint device or safety belt as required by Subsection (2 ) . ( 5 ) Noncompliance not evidence of standard of care or duty in civil proceedings. Failure to provide and use a child -2- .��J�.� 1 r restraining device or safety belt to restrain a cl-ild as recTui.red under this section may not be considered comparative negligence, nor is the failure to provide and use the restraining device or safety belt admissible as evidence in the trial of a civil action with reaard to negligence. SECTIOA? 2.. This Ordinance shall take effect upon its first publication. Passed by the City Council. of Salt Lake Citv, Utah, this 19th day of February , 1985. CHAIRMAN ATTEST: CIT R ER Transmitted to the Mavor February 19, 1985 Mayor 's action February 19, 1985 <-- OR ATTEST: CITIT REfRDER APPROVED AS To �Cp C c91 S�4 LAO cii-y ::t?^:r.�Y (SEAL) - Bill-.7 of 19 Published: March 11, 1985 '3- J Q 4 Affidavit of Publication ADM 35A STATE OF UTAH, SS. County of Salt Lake t^,.. ........ e7 Y.�..G�,�. �P. .......................................................... OOM�r�Pt�pgi(, R6CAT IS bv' a a�ddetl91?x ' r Being first duly sworn, deposes and says that he/she is ( ate@' legal advertising clerk of the DESERET NEWS, a daily 'e•,.�° :ate. �.', `���,;����.�•,� newspaper printed in the English language with general �� ,"•.; r' ::;,ra=. circulation in Utah and published in Salt Lake City, t�ea:�n�arotenew vdhtctes �rr ••• '' Salt Lake County, in the State of Utah. �xho�bust- webs 0Vi; t by s •o ptlhUt i11�P.' ,d011i Iwgh' $` That the legal notice of which a copy is attached hereto I v 1q, -by the or , Ins tad m v kiee,. 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