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ORD 87-03 MOTOR VEHICLE SAFETY RESTRAINTS3/12/87 ROC:al ORDINANCE NO. 87-03 AN ORDINANCE OF THE CITY OF WINSLOW, WASHINGTON, ADOPTING THE ACT RELATING TO MOTOR VEHICLE SAFETY RESTRAINTS; ADDING A NEW SECTION TO THE CITY CODE WHEREAS, the City Council of the City of Winslow, Washington, finds that j_t is in the best interest of the public health, safety and general welfare to require the adoption of Chapter 152(Engrossed Substitute House Bill No. 1182) (SEAT BELTS) as enacted by the Legislature of the State of Washington, therefore~ NEW SECTION. Sec. 1. A new section is added to the city code to read as follows: (1) - For the purposes of this section, the term "motor vehicle" includes; (a) "Buses," meaning motor vehicles with motive power, except trailers, designed to carry more than ten passengers; (b) "Multipurposes 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; (c) "Passenger cars," meaning motor vehicles with motive power, except multipurpose passenger vehicles, motorcycles, or trailers, designed for carrying ten passengers or less; and (d) "Trucks," meaning motor vehicles with motive power, except trailers, designed primarily for the transportation of property. (2) - This section only applies to motor vehicles that meet the manual seat belt safety standards as set forth in federal motor vehicle safety standard 208. (3) - Every person sixteen (16) 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. (4) - No person may operate a motor vehicle unless all passengers under the age of sixteen (16) years are either wearing a safety belt assembly or are securely fastened into an approved child restraint device. (5) - A person violating this section shall be issued a notice of traffic infraction under RCW 46.63. A finding that a person has committed a traffic infraction under this section shall be contained in the driver's abstract but shall not be available to insurance companies or employers. (6) - Failure to comply with the requirements of this section does not constitute negligence, nor may failure to wear a safety belt assembly be admissible as evidence of negligence in any civil action. (7) - 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 RCW Title 46, or an equivalent local ordinance or some other offense. (8) - This section does not apply to an operator or passenger who possesses written verification from a licensed physician that the operator or passenger is unable to wear a safety belt for physical or medical reasons. NEW SECTION. Sec. 3. Any person found to have committed an act designated a traffic infraction under the provisions of RCW Title 46, as adopted by reference in this chapter, shall be penalized as provided in accordance with Washington Court Rules JTIR 6.2 (Monetary Penalty Schedule). PASSED by the City Council this 5th day of MARCH , 1987. APPROVED: ATTEST/AUTHENTICATED: FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. -2-