10.01.182 Child Passenger Safety Restraining System.
(a) Every driver who transports a child under the age of fourteen (14) years in a passenger car or an autocycle on a highway shall provide for the protection of such child by properly using:
(1) For a child under the age of four (4) years an appropriate child passenger safety restraining system that meets or exceeds the standards and specifications contained in federal motor vehicle safety standard No. 213;
(2) For a child four (4) years of age, but under the age of eight (8) years, and who weighs less than eighty (80) pounds or is less than four (4) feet nine (9) inches in height, an appropriate child passenger safety restraining system that meets or exceeds the standards and specifications contained in federal motor vehicle safety standard No. 213; or
(3) For a child eight (8) years of age but under the age of fourteen (14) years or who weighs more than eighty (80) pounds or is more than four (4) feet nine (9) inches in height, a safety belt manufactured in compliance with federal motor vehicle safety standard No. 208.
(b) If the number of children subject to the requirements of subsection (a) of this Section exceeds the number of passenger securing locations available for use by children affected by such requirements, and all of these securing locations are in use by children, then there is not a violation of this Section.
(c) If a securing location only has a lap safety belt available, the provisions of subsection (a)(2) of this Section shall not apply and the child shall be secured in accordance with the provisions of subsection (a)(3) of this Section.
(d) It shall be unlawful for any driver to violate the provisions of subsection (a) of this Section and upon conviction such driver shall be punished by a fine of Sixty Dollars ($60.00). The failure to provide a child safety restraining system or safety belt for more than one (1) child in the same passenger car or autocycle at the same time shall be treated as a single violation. Any conviction under the provisions of this subsection shall not be construed as a moving traffic violation for the purpose of K.S.A. 8-255, and amendments thereto.
(e) The Sixty Dollar ($60.00) fine provided for in subsection (d) of this Section shall be waived if the driver convicted of violating subsection (a)(1) or (a)(2) of this Section provides proof to the court that such driver has purchased or acquired the appropriate and approved child passenger safety restraining system. At the time of issuing the citation for a violation of subsection (a)(1) or (a)(2) of this Section and amendments thereto, the law enforcement officer shall notify the driver of the waiver provisions of this subsection.
(f) No driver charged with violating the provisions of this Section shall be convicted if such driver produces in the office of the arresting officer or in court proof that the child was fourteen (14) years of age or older at the time the violation was alleged to have occurred.
(g) Evidence of failure to secure a child in a child passenger safety restraining system or a safety belt under the provisions of this Section shall not be admissible in any action for the purpose of determining any aspect of comparative negligence or mitigation of damages.
(h) For purpose of this Section, “passenger car” means a motor vehicle, manufactured or assembled after January 1, 1968, or a motor vehicle manufactured or assembled prior to 1968 which was manufactured or assembled with safety belts, with motive power designed for carrying ten (10) passengers or fewer, including vans, but excluding motorcycles and motor-driven cycles. (Ord. 17-33 § 1, 2017; Ord. 15-64 § 34, 2015; Ord. 07-136 § 13, 2007; Ord. 06-66 § 7, 2006; Ord. 01-89 § 2, 2001.)