§ 54-238. Child restraint systems.

(a)

Definitions.

(1)

"Child restraint system" means a specially designed seating system which is designed to protect, hold, or restrain a child in a motor vehicle in such a way as to prevent or minimize injury to the child in the event of a motor vehicle accident that is either permanently affixed to a motor vehicle or is affixed to such vehicle by a safety belt or a universal attachment system, and which conforms to all applicable federal motor vehicle safety standards.

(2)

"Safety belt" means a lap belt, a shoulder belt, or any other belt or combination of belts installed in a motor vehicle to restrain drivers and passengers, except any such belt which is physically a part of a child restraint system. "Safety belt" includes the anchorages, the buckles, and all other equipment directly related to the operation of safety belts. Proper use of a safety belt, if present, crosses the shoulder and chest and the lap belt crosses the hips, touching the thighs.

(3)

"Seating position" means any motor vehicle interior space intended by the motor vehicle manufacturer to provide seating accommodation while the motor vehicle is in motion.

(4)

For purposes of this section "Motor vehicle" means a passenger car; a pickup truck; or a van, minivan, or sport utility vehicle with a gross vehicle weight rating of less than ten thousand (10,000) pounds. "Motor vehicle" does not include motorcycles, low-power scooters, motorscooters, motorbicycles, motorized bicycles, and farm tractors and implements of husbandry designed primarily or exclusively for use in agricultural operations.

(b)

Unless excepted pursuant to subsection (g) of this section, every child who is under eight (8) years of age and who is being transported in this city in a motor vehicle or in a vehicle operated by a child care center, shall be properly restrained in a child restraint system, according to the manufacturer's instructions.

(c)

If the child is less than one year of age and weighs less than twenty (20) pounds, the child shall be properly restrained in a rear-facing child restraint system in a rear seat of the vehicle.

(d)

If the child is one year of age or older, but less than four (4) years of age. and weighs less than forty (40) pounds, but at least twenty (20) pounds, the child shall be properly restrained in a rear-facing or forward-facing child restraint system.

(e)

Unless excepted pursuant to subsection (g) of this section, every child who is at least eight (8) years of age but less than sixteen (16) years of age who is being transported in this city in a motor vehicle or in a vehicle operated by a child care center, shall be properly restrained in a safety belt or child restraint system according to the manufacturer's instructions.

(f)

If a parent is in the motor vehicle, it is the responsibility of the parent to ensure that his or her child or children are provided with and that they properly use a child restraint system or safety belt system. If a parent is not in the motor vehicle, it is the responsibility of the driver transporting a child or children, subject to the requirements of this section, to ensure that such children are provided with and that they properly use a child restraint system or safety belt system.

(g)

Except as provided in section C.R.S. 42-2-105.5(4), subsections (b), (c), (d), (e) and (f) of this section does not apply to a child who:

(1)

Is less than eight (8) years of age and is being transported in a motor vehicle as a result of a medical or other life-threatening emergency and a child restraint system is not available.

(2)

Is being transported by a commercial motor vehicle. as defined in C.R.S. 42-2-402(4)(a), that is operated by a child care center.

(3)

Is the driver of a motor vehicle and is subject to the safety belt requirements provided in D.R.M.C. 54-240.

(4)

Is being transported in a motor vehicle that is operated in the business of transporting persons for compensation or hire by or on behalf of a common carrier or a contract carrier as those terms are defined in C.R.S. 40-10.1-101, or an operator of a luxury limousine service as defined in C.R.S. 40-10.1-301.

(Ord. No. 303-84, § 1, 6-25-84; Ord. No. 527-13, § 1, 10-28-13)

Cross reference

Equipment of vehicles, § 54-68 et seq.