§ 9.72.325. Safety belts and safety harnesses.

(a)

Except for motorcycles or motorized bicycles, 1966 model year or newer, motor vehicles subject to registration, in the place of residence of such owner of the motor vehicle, shall be equipped with safety belts and safety harnesses which conform with Federal Motor Vehicle Safety Standard Numbers 209 and 210 as published in 49 C.F.R. § 571.210 and with prior federal motor vehicle safety standards for seat belt assemblies and seat belt assembly anchorages applicable for the motor vehicle's model year.

(b)

The driver and front seat occupants of a type of motor vehicle subject to registration in the place of residence of such owner of the motor vehicle, except a motorcycle or motorized bicycle, shall each wear a properly adjusted and fastened safety belt or safety harness any time the vehicle is in forward motion on a street or highway in this city, except that a child under eighteen (18) years of age shall be secured as required under Section 9.72.326. This subsection does not apply to:

(1)

The driver or front seat occupants of a motor vehicle which is not required to be equipped with safety belts or safety harnesses;

(2)

The driver and front seat occupants of a motor vehicle who are actively engaged in work which requires them to alight from and reenter the vehicle at frequent intervals, providing the vehicle does not exceed twenty-five (25) miles per hour between stops;

(3)

The driver of a motor vehicle while performing duties as a letter carrier for the United States Postal Service. This exemption applies only between the first delivery point after leaving the post office and the last delivery point before returning to the post office;

(4)

Passengers on a bus;

(5)

A person possessing a written certification from a physician on a form provided by the State Department of Transportation that the person is unable to wear a safety belt or safety harness due to a physical or medical reason(s). The certification shall specify the time period for which the exemption applies. The time period shall not exceed twelve (12) months, at which time a new certification may be issued;

(6)

Front seat occupants of an authorized emergency vehicle while they are being transported in an emergency. However, this exemption does not apply to the driver of the authorized emergency vehicle.

(c)

The driver and front seat passengers may be each charged separately for improperly used or nonused equipment under subsection (b) of this section. However, the driver shall not be charged for a violation committed by a passenger who is fourteen (14) years of age or older unless the passenger is unable to properly fasten a seat belt due to a temporary or permanent disability. The owner of the motor vehicle may be charged for the equipment violation under subsection (a) of this section.

(d)

A person who violates any of the provisions of this section is guilty of a misdemeanor and subject to a fine as scheduled by Chapter 805 of the Iowa Code.

(Ord. 5715 § 25, 2002).

(Ord. No. 6294, § 1, 5-22-2017).