HomeMy WebLinkAbout2016-31 Amending Title 7, Chapter 2 (a) to Require Seat Belts and to Create a New Traffic Infraction for ViolationORDINANCE NO. 31
SERIES 2016
AN ORDINANCE AMENDING TITLE 7, CHAPTER 2, ARTICLE A, OF
THE VAIL TOWN CODE TO REQUIRE SEAT BELTS AND TO CREATE
A NEW TRAFFIC INFRACTION FOR VIOLATION THEREOF
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Title 7, Chapter 2, Article A of the Vail Town Code is hereby
amended by the addition of a new Section 7-2A-12, to read as follows:
7-2A-12: SEAT BELT REQUIRED:
A. Definitions. For purposes of this Section, the following terms have
the following meanings:
1. MOTOR VEHICLE: A self-propelled vehicle intended
primarily for use and operation on the public highways, including
passenger cars, station wagons, vans, taxicabs, ambulances, motor
homes, and pickups, but excluding motorcycles, low-power scooters,
passenger buses, school buses, and farm tractors and implements of
husbandry designed primarily or exclusively for use in agricultural
operations.
2. SEAT BELT: A system using 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 pursuant to Subsection C hereof, every driver of
and every front seat passenger in a motor vehicle equipped with a seat
belt shall wear a fastened safety belt while the motor vehicle is being
operated on a street or highway in the Town.
C. This Section shall not apply to:
1. A child required by C.R.S. § 42-4-236 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 peace officer as described in C.R.S. § 16-2.5-101 while
performing official duties so long as the performance of said duties is in
accordance with rules and regulations applicable to said officer;
Ordinance No. 31, Series of 2016
4. A person with a physically or psychologically disabling
condition whose physical or psychological disability prevents appropriate
restraint by a seat 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 seat belt system due to the fact that federal law does not require
such vehicle to be equipped with a seat belt system;
6. A rural letter carrier of the United States postal service while
performing duties as a rural letter carrier;
7. A person operating a motor vehicle which does not meet the
definition of "commercial vehicle" as that term is defined in C.R.S. § 42-4-
235(1)(a) 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 day and during the
time period following the last delivery or pickup of the day; and
8. A person otherwise exempted from mandatory seat belt use
pursuant to C.R.S. § 42-4-237, as amended.
D. A person who operates a motor vehicle while such person or any
passenger is in violation of this Section commits a traffic infraction.
E. No driver of a motor vehicle shall be cited for a violation of this
Section unless such driver was stopped by a law enforcement officer for
an alleged traffic violation other than a violation of this Section.
Section 2. Severability. If any part, section, subsection, sentence, clause or
phrase of this ordinance is for any reason held to be invalid, such decision shall not
affect the validity of the remaining portions of this ordinance; and the Council hereby
declares it would have passed this ordinance, and each part, section, subsection,
sentence, clause or phrase thereof, regardless of the fact that any one or more parts,
sections, subsections, sentences, clauses or phrases be declared invalid.
Section 3. Retroactivity. The amendment of any provision of the Town Code
as provided in this ordinance shall not affect any right which has accrued, any duty
imposed, any violation that occurred prior to the effective date hereof, any prosecution
commenced, nor any other action or proceeding as commenced under or by virtue of
the provision amended. The amendment of any provision hereby shall not revive any
provision or any ordinance previously repealed or superseded unless expressly stated
herein.
Section 4. Repeal. All bylaws, orders, resolutions and ordinances, or parts
thereof, inconsistent herewith are repealed to the extent only of such inconsistency.
Ordinance No. 31, Series of 2016
This repealer shall not be construed to revise any bylaw, order, resolution or ordinance,
or part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 18th day of October, 2016 and a
public hearing for second reading of this Ordinance is set for the 1st ►ay of November,
2016, in the Council Chambers of the Vail Mun •r-l�:iilidi •, : i� • �,rado.
Dave Chap , ayor
ATT
Patty nny, To
READ AND AOVED ON SECOND READING ND ORDE D PUBLISHED
this 1St day of November, 2016.
Ordinance No. 31, Series of 2016
'tee C h a •