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(a) Except as provided in Section 10.01.182 and in subsection (b) or (c) of this Section, each occupant of either a passenger car manufactured with safety belts in compliance with federal Motor Vehicle Safety Standard No. 208 or an autocycle, who is eighteen (18) years of age or older, shall have a safety belt properly fastened about such person’s body at all times when the vehicle is in motion.

(b) Each occupant of either a passenger car manufactured with safety belts in compliance with federal Motor Vehicle Safety Standard No. 208 or an autocycle, who is at least fourteen (14) years of age but less than eighteen (18) years of age, shall have a safety belt properly fastened about such person’s body at all times when the passenger car is in motion.

(c) This Section does not apply to:

(1) An occupant of a passenger car who possesses a written statement from a licensed physician that such person is unable for medical reasons to wear a safety belt system;

(2) Carriers of United States mail while actually engaged in delivery and collection of mail along their specified routes;

(3) Newspaper delivery persons while actually engaged in delivery of newspapers along their specified routes; or

(4) An occupant of a passenger car or autocycle required to be protected by a safety restraining system under the Child Passenger Safety Act, K.S.A. 8-1343 et seq.

(d)  Law enforcement officers shall not stop drivers for violations of subsection (a) of this Section by a back seat occupant in the absence of another violation of law. A citation for violation of subsection (a) of this Section by a back seat occupant shall not be issued without citing the violation that initially caused the officer to effect the enforcement stop.

(e) 

(1)  Persons violating subsection (a) of this Section shall be guilty of a traffic infraction and be fined Thirty Dollars ($30.00); and

(2)  Persons violating subsection (b) of this Section shall be guilty of a traffic infraction and be fined Sixty Dollars ($60.00).

(f) For purposes 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. (K.S.A. 8-2502.)

(g) For purposes of this Section, “safety belt properly fastened about such person’s body at all times when the vehicle is in motion” means the safety belt is secured across the occupant’s lap with the shoulder restraint passing over the occupant’s shoulder and across the occupant’s chest. (Ord. 19-61 § 17, 2019; Ord. 17-33 § 2, 2017; Ord. 15-64 § 35, 2015; Ord. 11-13 § 1, 2011; Ord. 10-43 § 1, 2010; Ord. 07-136 § 14, 2007; Ord. 05-59 § 5, 2005; Ord. 01-89 § 2, 2001.)