[Added 6-12-1992 by Ord. No. 692-3]
[Amended 9-9-1994 by Ord. No. 994-1]
A. Every person shall be responsible, when transporting
a child under the age of four years in a motor vehicle operated on
the roadway, streets or highways of this City, for providing for the
protection of the child by properly using a child passenger restraint
system meeting the federal motor vehicle safety standards. The duty
imposed by this subsection shall not apply to any operator or passenger
of a motor bus, limousine or taxicab as defined in 2 Del. C. § 1801.
B. Every child who has attained the age of four and has
not yet attained the age of 16 shall wear a fastened seat belt or
child passenger restraint system at all times while in a motor vehicle
operated on the roadways, streets or highways of this City.
C. The court may, upon presentation of evidence that a violator of Subsection
A of this section has purchased or obtained a child passenger restraint system subsequent to the violation, dismiss all charges pursuant to this section.
D. A violation of this section shall be an offense punishable
by a fine of not more than $28.50 for each violation. The failure
to provide a child restraint system or seat belt for more than one
child in the same vehicle at the same time as required by this section
shall not be treated as a separate offense.
[Amended 4-21-2003 by Ord. No. 0503-3]
E. A violation of this section shall not be considered
as evidence of either comparative or contributory negligence in any
civil suit or of criminal negligence or recklessness in any criminal
action arising out of any motor vehicle accident in which a child
under 16 is injured, nor shall failure to wear a child passenger restraint
system or seat belt in violation of this section be admissible as
evidence in the trial of any civil action.