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89-D-18 Amending 18-47 " ORDINANCE NO. ct'f---D-/tJ AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES BE AMENDED BY ADDING A SECTION TO BE NUMBERED 18-47, PROVIDING FOR MAKING IT A CLASS "c" MISDEMEANOR FOR THE OPERATOR OF A VEHICLE TO ALLOW A CHILD AGED 13 OR UNDER TO RIDE IN OR ON ANY PORTION OF A VEHICLE NOT DESIGNED FOR PASSENGERS, PROVIDING FOR A PENALTY NOT TO EXCEED $500.00, PROVIDING FOR PUBLICATION AND EFFECTIVE DATE. WHEREAS, the Uniform Act Regulating Traffic on Highways (Vernon's Annotated Civil Statutes, Article 670ld) does not regulate where a passenger may ride on or in a motor vehicler and WHEREAS, municipalities have the authority to pass ordinances for the health and safety of its citizens when such regulation is not preempted or prohibited by state law; and WHEREAS, child passenger of pickup trucks are frequently allowed to ride in an unenclosed truck bed that has no passenger seat equipped with safety beltsr and WHEREAS, the obvious potential for severe injury to small children in the event of collision, loss of control or sudden change of direction by the driver has been made evident with the senseless deaths and injuries to juveniles in the past who have been thrown from the bed's of pickup trucks; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: I THAT the Code or Ordinances of the City of Schertz, Texas, be amended by adding a section to be numbered 18-47, to read as follows: "Section 18-47 ,Unlawful Riding No person shall ride in or on any portion of a motor vehicle not designed for the transport of passengers, except when engaged in the necessary discharge of employment of business duties; and no operator of a motor vehicle shall drive on any public street or right-of-way within the Ci ty of Schertz, Texas, while a passenger under the age of fourteen is in or on any portion of the vehicle that is not designed for passengers, including the bed of a pickup truck which is not equipped with securely attached passenger seats, or which is not equipped with a camper or other truck-bed accessory that provides a roof and four walls." II A person who violates any prov~s~on of this ordinance shall be gUilty of a class "C" misdemeanor, and upon conviction shall be fined not more than $500.00. III The City Secretary is authorized to publish this ordinance as required by the City Charter, and the penalty shall be effective immediately after final passage of ordinance. PASSED, APPROVED AND ADOPTED this the ~day of 1989. ATTEST: CITY)