§ 54-240. Safety belt systems required.

(a)

Definitions. As used in this section:

Motor vehicle means 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. The term does not include motorcycles, motorscooters, motorbicycles, motorized bicycles, passenger buses, school buses, and farm tractors and implements of husbandry designed primarily or exclusively for use in agricultural operations.

Safety belt system means a system utilizing 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)

Required. Unless exempted pursuant to subsection (c) of this section, every driver of and every front seat passenger in a motor vehicle equipped with a safety belt system shall wear a fastened safety belt while the motor vehicle is being operated anywhere within the city.

(c)

Exemptions. The requirement of subsection (b) of this section shall not apply to:

(1)

A child required by section 54-238 of this Code 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 Denver Police Department police officer or any other peace officer, level I, as defined in section 18-1-901(3)(1)(I), C.R.S., while performing official duties so long as the performance of said duties is in accordance with rules and regulations applicable to said officer which are at least as restrictive as subsection (b) of this section and which only provide exceptions necessary to protect the officer;

(4)

A person with a physically or psychologically disabling condition whose physical or psychological disability prevents appropriate restraint by a safety belt system if such person at the time of driving 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 safety belt system due to the fact that federal law does not require such vehicle to be equipped with a safety belt system, if such person at the time of driving possesses written evidence that the motor vehicle is not required to have a safety belt system;

(6)

A rural letter carrier of the United States postal service while performing duties as a rural letter carrier; and

(7)

A person operating a motor vehicle 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.

(d)

Citations. No driver or passenger in a motor vehicle shall be cited for a violation of subsection (b) of this section unless the driver was stopped by a law enforcement officer for an alleged violation of this Code other than a violation of this section, or for a violation of any state statute.

(e)

Trial testimony. Testimony at a trial for a violation charged pursuant to subsection (b) of this section may include:

(1)

Testimony by a law enforcement officer that he or she observed the person charged operating a motor vehicle while said operator or any passenger was in violation of the requirement of subsection (b) of this section; or

(2)

Evidence that the driver removed the safety belts, or knowingly drove a vehicle from which the safety belts had been removed.

(Ord. No. 522-87, § 1, 9-14-87)

Cross reference

Child restraint systems, § 54-238.