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)