061 of 1988 - Seat Belt Usage 0 88-1
0 88-33
SALT LAKE CITY ORDINANCE
No. 61 of 1988
(Seat Belt Usage)
AN ORDINANCE ENACTING SECTION 12.28.085 OF THE SALT LAKE
CITY CODE RELATING TO SEAT BELT USAGE.
Be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. That Chapter 12.20 of the Salt Lake City Code
be, and the same hereby is amended by adding Section 12. 28.085
thereto, relating to seat belt usage, to read as follows:
12.28.085 Seat belt usage.
A. Driver and front seat passengers.
1 . Except as provided in Section 12.28.080 for
children under five ( 5) years of age and except as provided in
Subsection 12. 28.085A.2 hereinbelow for passengers who are at
least five ( 5) years of age but younger than eighteen ( 18) years
of age, the driver and front seat passengers of a motor vehicle,
as defined in Subsection A of Section 12. 18.080, operated on a
street or highway in Salt Lake City shall wear a properly
adjusted and fastened safety seat belt system, which meets
standards promulgated by the Utah Department of Public Safety.
2. The driver of a motor vehicle shall secure or
cause to be secured a properly adjusted and fastened safety seat
belt system on any passenger in the front seat who is at least
five ( 5) years of age but younger than eighteen ( 18) years of
age.
B. Exceptions. This section does not apply to a driver or
front seat passenger of:
1. A motor vehicle manufactured before July 1, 1966;
2. A motor vehicle in which the driver or passengers
possess a written verification from a licensed physician that the
driver or passenger is unable to wear a safety seat belt system
for physical or medical reasons;
3. A motor vehicle which is not required to be
equipped with a safety seat belt system under federal law;
4. A motor vehicle operated by a rural letter carrier
of the United States Postal Service while performing the duties
of a rural letter carrier; or
5. A motor vehicle engaged in pick up, delivery, or
service operations involving repeated starts and stops and
requiring the front seat occupant to frequently and repeatedly
enter and leave the vehicle.
C. Enforcement. Enforcement of this section by law
enforcement agents shall be only as a secondary action when a
driver of a motor vehicle has been detained for a suspected
violation of Title 12 other than this section, or another
offense.
D. Violations. A person who violates Subparagraph A of
this section shall be fined $10.00 per offense.
E. Noncompliance not evidence of standard of care or duty
in civil proceedings. Failure to wear, secure, or cause to be
secured a properly adjusted and fastened safety seat belt system
as required under this section may not be considered comparative
negligence, nor is such failure admissible as evidence in the
trial of a civil action with regard to negligence.
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SECTION 2. That Section 12.04.260 of the Salt Lake City
Code relating to the definition of "motor vehicle" be, and the
same hereby is, amended to read as follows:
12.04.260 Motor vehicle.
"Motor vehicle" means every vehicle which is self-propelled,
and every vehicle which is propelled by electric power obtained
form overhead trolley wires, but not operated upon rails, except
vehicles moved solely by human power and motorized wheelchairs.
SECTION 3. This ordinance shall take effect upon its first
publication.
Passed by the City Council of Salt Lake City, Utah, this
20th day of September 1988.
CHAIRPERSON
ATTEST:
CfTq RDER
Transmitted to the Mayor on September 20, 1988
Mayor' s Action: XX Approved Vetoed
MAYOR
ATTEST:
41 APPROVED AS TO FFORM�e�
C I Y F E Salt leipale �_.... ---
LVS:pp
SEAL
BILL 61 of 1988
Published: September 28, 1988
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