DISCLAIMER: The following copy of the Standard Traffic
Ordinances is not an official copy. It
has been placed on this website as a service to the people of the City of
Benton for a quick reference. If there
is any discrepancy between this copy and the official copy on file at the City
Clerk’s office, the official copy on file at the City Clerk’s office will take
precedence over this copy. To view an
official copy, contact the City of Benton at (316) 778-1625 during business
hours.
STANDARD TRAFFIC ORDINANCE
FOR
KANSAS CITIES
Edition
of 2009
As
amended by the ordinances of the City of
TABLE
OF CONTENTS
Article 2 Scope of
Ordinance
Sec. 3 Emergency, Temporary and Experimental Regulations
Article 3 Obedience to
and Effect of Traffic Laws
Sec. 5 Required Obedience to Traffic Laws
Sec. 6 Obedience to Authorized Persons Directing Traffic
Sec. 7 Persons Riding Animals or Driving Animal-Driven Vehicles
Sec. 8 Persons Working on Highways; Exceptions
Sec. 9 Public Officers and Employees to Obey Ordinance; Exceptions
Sec. 10 Authorized Emergency Vehicles
Article 4 Traffic Signs,
Signals and Markings
Sec. 11 Manual and Specifications for Traffic Control Devices
Sec. 12 Obedience to and Required Traffic-Control Devices; Presumption of Legality
Sec. 13 Traffic-Control Signal Legend
Sec. 13.1 Traffic Control Signal Preemption Devices
Sec. 14 Pedestrian-Control Signals
Sec. 16 Lane-Direction-Control Signals
Sec. 17 Display of Unauthorized Signs, Signals or Markings
Sec. 18 Interference With Official Traffic-Control Devices or Railroad Signs or Signals
Sec. 19 Designation of Crosswalks and Safety Zones
Article 5 Accidents and
Accident Reports; Duties
Sec. 22 Provisions of Article Apply Throughout City
Sec. 23 Accident Involving Death or Personal Injuries; Penalties
Sec. 24 Accident Involving Damage to Vehicle or Other Property
Sec. 25 Duty to Give Information and Render Aid
Sec. 26 Duty Upon Striking Unattended Vehicle or Other Property
Sec. 26.1 Removal of Vehicle From Roadway After Accident
Sec. 27 Duty to Report Accidents
Article 6 Serious Traffic
Offenses
Sec. 29 Reckless Driving; Penalties
Sec. 30 Driving Under the Influence of Intoxicating Liquor or Drugs; Penalties
Sec. 30.1 Driving Commercial Motor Vehicle Under the Influence of
Intoxicating Liquor
Sec. 30.2 Preliminary Breath Test
Sec. 30.3 Ignition Interlock Devices; Tampering
Sec. 30.4 Impounded Motor Vehicle; Disposition; When
Sec. 30.5 Commercial Driver’s License; Diversion Agreements Not Allowed
Sec. 31 Fleeing or Attempting to Elude a Police Officer
Article 7 Speed
Regulations
Sec. 32 Speed Limitations; Basic Rule
Sec. 34 Minimum Speed Regulations
Sec. 35 Special Speed Limitation on Motor-Driven Cycle
Sec. 36 Charging Speed Violations
Article 8 Driving on
Right Side of Roadway; Overtaking and Passing; Use of
Roadway
Sec. 38 Driving on Right Side of Roadway; Exceptions
Sec. 39 Passing Vehicles Proceeding in Opposite Directions
Sec. 40 Overtaking a Vehicle on the Left
Sec. 41 When Passing on the Right is Permitted
Sec. 42 Limitations on Overtaking on the Left
Sec. 43 Further Limitations on Driving on Left of Center of Roadway
Sec. 45 One-Way Roadways and Rotary Traffic Islands
Sec. 46 Driving on Roadways Laned for Traffic
Sec. 48 Driving on Divided Highways; Left and U Turns; Controlled-Access Highways
Article 9 Turning and
Starting and Signals on Stopping and Turning
Sec. 50 Right, Left and U Turns at Intersections; Obedience To
Sec. 51 U Turns; Where Prohibited
Sec. 52 Turning on Curve or Crest of Grade Prohibited
Sec. 53 Starting Parked Vehicle
Sec. 54 Turning Movements and Required Signals
Sec. 55 Signals by Hand and Arm or Signal Lamps
Sec. 56 Methods of Giving Signals
Sec. 57 Vehicles Approaching or Entering Intersection
Sec. 59 Stop Signs and Yield Signs
Sec. 60 Vehicle Entering Roadway
Sec. 61 Operation of Vehicles on Approach or Authorized Emergency Vehicles
Sec. 61.1 Passing When Near Stationary Authorized Emergency Vehicle
Sec. 62 Highway Construction and Maintenance
Article 11 Pedestrians
Sec. 63 Pedestrians; Obedience to Traffic-Control Devices and Traffic Regulations
Sec. 64 Pedestrians’ Right-of-Way in Crosswalks; Control Signals
Sec. 64.1 School Crossing Guard; Disobeying
Sec. 65 Crossing at Other Than Crosswalks; Jaywalking
Sec. 66 Drivers to Exercise Due Care
Sec. 67 Pedestrians to Use Right Half of Crosswalks
Sec. 68 Pedestrians on Highways
Sec. 69 Pedestrians Soliciting Rides or Business
Sec. 70 Driving Through Safety Zone Prohibited
Sec. 71 Pedestrians Right-of-Way on Sidewalks
Sec. 72 Pedestrians Yield to Authorized Emergency Vehicles
Sec. 73 Blind Pedestrian Right-of-Way
Sec. 74 Pedestrian Under Influence of Alcohol or Drugs
Sec. 75 Bridge or Railroad Signals
Article 12 Special Stops
Required
Sec. 76 Obedience to Signal Indicating Approach of Train
Sec. 77 All Vehicles Must Stop at Certain Railroad Grade Crossings
Sec. 78 Certain Vehicles Must Stop at All Railroad Grade Crossings
Sec. 79 Moving Heavy Equipment at Railroad Grade Crossing
Sec. 80 Emerging from Alley or Private Driveway or Building
Sec. 81 Overtaking and Passing School Bus
Sec. 82 Overtaking and Passing Church Bus or Day Care Program Bus
Article 13 Stopping,
Standing and Parking
Sec. 83 Stopping, Standing or Parking Outside Business or Residence Districts
Sec. 84 Officers Authorized to Remove Vehicles
Sec. 85 Stopping, Standing or Parking Prohibited in Specified Places
Sec. 86 Stopping or Parking on Roadways
Sec. 87.1 Accessible Parking; Revoke or Suspended Devices
Sec. 88 Parking for Certain Purposes Prohibited
Sec. 90 Blocking Traffic; Narrow Streets; Stopping; When
Sec. 91 Parking on Narrow Streets; Signs
Sec. 93 Parking Disabled and Other Vehicles
Sec. 94 Parking Adjacent to Schools; Signs
Sec. 95 Stopping or Parking in Hazardous or Congested Places; Signs
Sec. 96 Parking Prohibited at All Times in Designated Places
Sec. 97 Limited Time Parking Zones
Sec. 98 Commercial
and Delivery Vehicles; Loading and Unloading; Blocking Traffic;
Removal of Vehicle; Duty of Police Department
Sec. 99 Loading, Unloading or Special Zones
Sec. 100 Citation on Illegally Parked Vehicles
Sec. 101 Failure to Comply With Traffic Citation Attached to Parked Vehicle
Sec. 102 Presumption in Reference to Illegal Parking
Article 14 Miscellaneous
Rules
Sec. 103 Using Headphones in Vehicles
Sec. 105 Allowing Use of Motor Vehicle in Violation of K.S.A. 8-1014
Sec. 106 Transportation of Alcoholic Beverage
Sec. 107 Unattended Motor Vehicle; Ignition; Key and Brakes
Sec. 108 Obstruction of Driver’s View of Driving Mechanism
Sec. 109.1 Motorized Skateboards
Sec. 110 Following Fire Apparatus Prohibited
Sec. 112 Putting Glass, Etc. on Highway Prohibited
Sec. 113 Stop When Traffic Obstructed
Sec. 114 Snowmobile Operation Limited
Sec. 114.1 Unlawful Operation of All-Terrain Vehicle
Sec. 114.2 Unlawful Operation of a Micro Utility Truck (REPEALED)
2009-06
Sec. 114.3 Unlawful Operation of Low-Speed Vehicle (REPEALED)
2009-06
Sec. 114.4 Unlawful Operation of a Golf Cart (REPEALED)
2009-06
Sec. 114.5 Unlawful Operation of a Work-Site Utility Vehicle (REPEALED) 2009-06
Sec. 115 Unlawful Riding on Vehicles; Person 14 Years of Age and Older
Sec. 116 Driving Upon Sidewalks
Sec. 117 Limitations on Backing
Sec. 118 Driving Through or On Private Property to Avoid Traffic Control Devices
Sec. 119 Parades and Processions
Sec. 120 Driving through Procession
Sec. 123 Opening and Closing Vehicle Doors
Sec. 124 Riding in House Trailer Prohibited
Sec. 125 Driving Across Lawns, Sidewalks, Yards, Crops, Etc.
Sec. 126 Removal of Traffic Hazards
Article 15 Operations of
Bicycles, Motorized Bicycles, Low Power Cycles and
Play Vehicles.
Sec. 127 Effect of Regulations
Sec. 128 Traffic Laws Apply to Persons Riding Bicycles
Sec. 129 Riding on Bicycles; Seats; Riders Limited
Sec. 131 Riding on Roadways and Bicycle Paths
Sec. 133 Lamps and Other Equipment on Bicycles
Sec. 134 Application of Sec. 127 to Sec. 133 to Motorized Bicycles
Sec. 135 Electric- Assisted Bicycles, Traffic Law Application
Sec. 136 Use of Coasters, Roller Skates and Similar Devices Restricted
Article 16 Special Rules
For Motorcycles
Sec. 137 Traffic Laws Apply to Persons Operating Motorcycles
Sec. 138 Riding on Motorcycles
Sec. 139 Operating Motorcycles on Roadways Laned for Traffic
Sec. 140 Clinging to Other Vehicles
Sec. 141 Motorcycle Seat and Footrests
Sec. 142 Equipment for Motorcycle Operator or Rider
Article 17 Lights, Brakes,
Horns and Other Equipment
Sec. 143 Scope and Effect of Regulations
Sec. 144 When Lighted Lamps Required; Visibility Distance and
Mounted Height of
Sec. 145 Visibility Distance and Mounted Height of Lamps
Sec. 146 Head Lamps on Motor Vehicles
Sec. 149 Stop Lamps and Turn Signals
Sec. 150 Application of Succeeding Sections
Sec. 151 Additional Equipment Required on Certain Vehicles
Sec. 152 Color of Clearance Lamps, Identification Lamps, Side Marker
Lamps, Backup
Sec. 153 Mounting of Reflectors, Clearance Lamps and Side Marker Lamps
Sec. 154 Visibility of Reflectors, Clearance Lamps, and Marker Lamps
Sec. 155 Obstructed Lights Not Required
Sec. 156 Lamps or Flags on Projecting Loads
Sec. 157 Lamps on Parked Vehicles
Sec. 158 Lamps on Other Vehicles and Equipment
Sec. 159 Spot Lamps and Auxiliary Lamps
Sec. 160 Authorized Emergency Vehicles
Sec. 161 Signal Lamps and Signal Devices
Sec. 162 Vehicular Hazard Warning Lights
Sec. 163 Additional Lighting Equipment
Sec. 164 Multiple-beam Road-lighting Equipment
Sec. 165 Use of Multiple-beam Road-lighting Equipment
Sec. 166 Single-beam Road-lighting Equipment Permitted on Certain Vehicles
Sec. 167 Alternate Road-lighting Equipment on Certain Vehicles; Limitations on Speed
Sec. 168 Number of Driving Lamps Required or Permitted
Sec. 169 Special Restrictions on Lamps
Sec. 171 Lighting Equipment and Warning Devices on Church Buses and Day
Care
Sec. 172 Highway Construction and Maintenance Vehicles
Sec. 173 Brakes; Performance Requirements
Sec. 174 Horns and Warning Devices
Sec. 175 Noise Preventions; Mufflers
Sec. 175.1 Compression Release Engine Braking System
Sec. 177 Windshields Must be Unobstructed and Equipped with Wipers; Eye Protection
Sec. 178 Restrictions as to Tire Equipment
Sec. 178.1 Wide-Base Single Tires
Sec. 179 Spilling Loads on Highways Prohibited
Sec. 180 Trailers and Towed Vehicles; Drawbar Connections and Safety Hitch
Sec. 181 One-Way Glass and Sun Screening Devices
Sec. 182 Child Passenger Safety Restraining System
Sec. 182.2 Unlawful Riding on Vehicles; Persons Under Age 14
Article 18 Equipment on
Motorcycles and Motor-Driven Cycles
Sec. 187 Multiple-beam Road-lighting Equipment
Sec. 188 Lighting Equipment for Motor-Driven Cycles
Sec. 189 Brake Equipment Required
Sec. 190 Performance Ability of Brakes
Article 19 Driver’s License
and Vehicle Tags
Sec. 193 Driver’s License in Possession
Sec. 194 Driving While License Canceled, Suspended or Revoked; Penalty
Sec. 195 Driving in Violation of Restrictions
Sec. 195.1 Operation of a Motor Vehicle when a Habitual Violator
Sec. 196 Unauthorized Operator
Sec. 198 Vehicle License; Illegal Tag
Sec. 199 Unlawful Use of License
Sec. 200 Motor Vehicle Liability Insurance
Article 20 Penalties Generally
Sec. 201.1 Failure to Comply with a Traffic Citation
Sec. 202 Parties to a Violation
Sec. 203 Offenses by Persons Owning or Controlling Vehicles
Sec. 204 Fines Doubled in Road Construction and School Zones
Article 21 Severability
Article 1. Definitions
Section 1. Definitions. The following words and phrases when used in
this ordinance shall, for the purpose of this ordinance and other traffic
ordinances, have the meanings respectively ascribed to them in this section
except when the context otherwise requires.
Alcoholic Beverage. Any alcoholic liquor, as defined by K.S.A.
41-102 and amendments thereto, or any cereal malt beverage, as defined by
K.S.A. 41-2701 and amendments thereto.
Alcohol Concentration. The number of grams of alcohol per 100
milliliters of blood or per 210 liters of breath.
Alley or Alleyway.
All-Terrain Vehicle. Any motorized non-highway vehicle 50 inches
or less in width, having a dry weight of 1,500 pounds or less, traveling on
three or more nonhighway tires, and having a seat to be straddled by the
operator. As used in this subsection, nonhighway
tire means any pneumatic tire six inches or more in width, designed for use
on wheels with the rim diameter of 14 inches or less.
Arterial Street. Any
Authorized Emergency Vehicle. Such fire department vehicles or police
bicycles or police vehicles which are publicly owned; motor vehicles operated
by ambulance services permitted by the emergency medical services; wreckers,
tow trucks or car carriers, as defined by K.S.A. 66-1329, and amendments
thereto, and having a certificate of public service from the state corporation
commission; and such other publicly or privately owned vehicles which are
designated as emergency vehicles pursuant to K.S.A. 8-2010, and amendments
thereto.
Bicycle. Every
device propelled by human power upon which any person may ride, having two
tandem wheels, either of which is more than 14 inches in diameter.
Bus. Every
motor vehicle designed for carrying more than 10 passengers and used for the
transportation of persons; and every motor vehicle, other than a taxicab,
designed and used for the transportation of persons for compensation.
Business District. The territory contiguous to and including a
highway when within any 600 feet along such highway there are buildings in use
for business or industrial purposes, including but not limited to hotels, banks
or office buildings, railroad stations and public buildings which occupy at
least 300 feet of frontage on one side or 300 feet collectively on both sides
of the highway.
Chief of Police. The chief of police of the city, or any
member of the police department of the city designated by the chief of police
to act in his or her place.
Christian Science Practitioner. An individual listed in The Christian
Science Journal as a Christian Science practitioner.
Church
Bus. Every motor vehicle owned by a religious
organization, and operated for the transportation of persons to or from
services or activities of such religious organization.
City
of This City. A city incorporating this ordinance by
reference and whose name is stated in the incorporating ordinance.
Commercial Motor Vehicle. A motor vehicle designed or used to transport
passengers or property, if:
(a)
The vehicle
has a gross vehicle weight rating 26,001 or more pounds or such lesser rating,
as determined by rules and regulations adopted by the secretary, but shall not
be more restrictive than the federal regulation;
(b)
The vehicle is
designed to transport 16 or more passengers, including the driver; or
(c)
The vehicle is
transporting hazardous materials and is required to be placarded in accordance
with 49 C.F.R. 172, subpart F.
Commission. The
Secretary of Transportation.
Compression
Release Engine Braking System. A hydraulically operated device
that converts a power producing diesel engine into a power absorbing retarding
mechanism.
Controlled-Access
Highway. Every highway, street or roadway in respect
to which owners or occupants of abutting lands and other persons have no legal
right of access to or from the same except at such points only and in such
manner as may be determined by the public authority having jurisdiction over
such highway, street or roadway.
Crosswalk.
(a)
That part of a
roadway at an intersection included within the connections of the lateral lines
of sidewalks on opposite sides of the highway measured from the curbs or, in
the absence of curbs, from the edges of the traversable roadway; or
(b)
Any portion of
a roadway at an intersection or elsewhere distinctly indicated for pedestrian
crossing by lines or other markings on the surface.
Day
Care Programs. Those which provide day serviced for
development in self-help, social, recreational and work skills for mentally
retarded and other handicapped persons, giving priority to providing services
for the severely and young retarded or handicapped.
Day
Care Program Bus. Every motor vehicle used primarily to carry
out functions of a day care program.
Department.
Department of Transportation.
Director. The
director of vehicles.
Divided
Highway. A highway divided into two or ore roadways by
leaving an intervening space or by a physical barrier or by a clearly indicated
dividing section so constructed as to impede vehicular traffic.
Division. The
division of vehicles of the department of revenue.
Double
Parking. The standing or stopping of a vehicle in the
line of traffic and;
(a)
To the rear of
a vehicle angle parked, or to the rear of a space where a vehicle may be parked
at any angle to the curb or edge of the roadway; or
(b)
To the roadway
side of a vehicle parked parallel with the curb or edge of the roadway or the
roadway side of the space in which a vehicle may be parked parallel to the curb
or edge of the roadway.
Drag
Race. The operation of two or more vehicles from a
point side by side at accelerating speeds in a competitive attempt to
out-distance each other, or the operation of one or more vehicles over a common
selected course, from the same point to the same point, for the purpose of
comparing the relative speeds or power of acceleration of such vehicle or
vehicles within a certain distance or time limit.
Drawbar.
Drawbar means a bar across the rear of a motor vehicle, or a device
securely attached to the motor vehicle, which maintains a fixed position and to
which a towbar may be coupled.
Driveaway-Towaway
Operations. Any operation in which any motor vehicle,
trailer or semitrailer, singly or in combination, new or used, constitutes the
commodity being transported, when one set or more of wheels of any such vehicle
are on the roadway during the course of transportation, whether or not any such
vehicle furnishes the motive power.
Driver. Every
person who drives or is in actual physical control of a vehicle.
Driver’s
License. Any license to operate a motor vehicle issued
under the laws of this state.
Electric-Assisted
Bicycle. A bicycle with two or three wheels, a saddle,
fully operative pedals for human propulsion, and an electric motor. The electric-assisted bicycle’s electric
motor must have a power output of no more than 1,000 watts, be incapable of
propelling the device at a speed of more than 20 miles per hour on level ground
and incapable of further increasing the speed of the device when human power
alone is used to propel the device beyond 20 miles per hour.
Electric
Personal Assistive Mobility Device. A self-balancing two nontandem
wheeled device, designed to transport only one person, with an electric
propulsion system that limits the maximum speed of the device to 15 miles per
hour or less.
Essential
Parts. All integral and body parts of a vehicle of a
type required to be registered hereunder, the removal, altercation or
substitution of which would tend to conceal the identity of the vehicle or
substantially alter its appearance, model, type or mode of operation.
Exhibition
of Speed or Acceleration. Those acts which cause or create unnecessary
rapid acceleration, unnecessary tire squeal, skid, smoke, or slide upon
acceleration or stopping including the casting of tread, gravel, dirt or other
road surface materials from the tires; acts that simulate a temporary race;
acts that cause the vehicle to unnecessarily turn abruptly, sway or lose
traction with the road surface.
Explosives. Any
chemical compound or mechanical mixture that is commonly used or intended for
the purpose of producing an explosion, and which contains any oxidizing and
combustive units or other ingredients in such proportions, quantities, or packing
that an ignition by fire, by friction, by concussion, by percussion, or by
detonator of any part of the compound or mixture may cause such a sudden
generation of highly heated gases that the resultant gaseous pressures are
capable of producing destructive effects on contiguous objects or of destroying
life or limb.
Farm
Tractor. Every motor vehicle designed and used
primarily as a farm implement for drawing plows, mowing machines and other
implements or husbandry and such term shall include every self-propelled
implement of husbandry.
Flammable
Liquid. Any liquid which has a flash point of 70
degrees Fahrenheit, or less, as determined by a tagliabue or equivalent
closed-cup test device.
Golf
Cart. A motor vehicle that has not less than three
wheels in contact with the ground, an unladen weight of not more than 1,800
pounds, is designed to be and is operated at not more than 25 miles per hour
and is designed to carry not more than four persons including the driver.
Governing
Body. The Mayor and Council, Mayor and
Commissioners or Board of Commissioners of this city.
Gross
Weight. The weight of a vehicle without load plus the
weight of any load thereon.
Highway. See
Street or Highway.
House
Trailer.
(a)
A trailer or
semitrailer which is designed, constructed and equipped as a dwelling place,
living abode or sleeping place, wither permanently or temporarily, and is
equipped for use as a conveyance on streets and highways; or
(b)
A trailer or a
semitrailer whose chassis and exterior shell is designed and constructed for
use as a house trailer, as defined in paragraph (a), but which is used instead
permanently or temporarily for the advertising, sales, display or promotion of
merchandise or services, or for any other commercial purpose except the transportation
of property for hire or the transportation of property for distribution by a
private carrier.
Identifying
Numbers. The numbers, and letters, if any, on a
vehicle designated by the division for the purpose of identifying the vehicle.
Ignition
Interlock Device. A device which uses a breath analysis
mechanism to prevent a person from operating a motor vehicle if such person has
consumed an alcoholic beverage.
Implement
of Husbandry. Every vehicle designed or adapted and used
exclusively for agricultural operations and only incidentally moved or operated
upon the highways. Such term shall
include, but not be limited to, a fertilizer spreader or nurse tank used
exclusively for dispensing or spreading water, dust or liquid fertilizers or
agricultural chemicals, as defined by K.S.A. 2-2202, and amendments thereto,
regardless of ownership. Implement of
husbandry shall not include:
(a)
A truck
mounted with a fertilizer spreader used or manufactured principally to spread
animal dung;
(b)
A mixer-feed
truck owned and used by a feedlot, as defined by K.S.A. 47-1501, and amendments
thereto, and specially designed and used exclusively for dispensing feed to
livestock in such feedlot; or
(c)
A truck
permanently mounted with a spreader used exclusively for dispensing or spreading
water, dust or liquid fertilizers or agricultural chemicals, as defined in
K.S.A. 2-2002, and amendments thereto, regardless of ownership.
Intersection.
(a)
The area
embraced within the prolongation or connection of the lateral curb lines, or if
none, then the lateral boundary lines of the roadways of two highways which
join one another at, or approximately at, right angels, or the area within
which vehicles traveling upon different highways joining at any other angle may
come in conflict; or
(b)
Where a
highway includes two roadways 30 feet or more apart, then every crossing of
each roadway of such divided highway by an intersecting highway shall be
regarded as a separate intersection. In
the event such intersecting highway also includes two roadways 30 feet or more
apart, then every crossing of two roadways of such highways shall be regarded
as a separate intersection.
The junction of an alley with a street or
highway shall not constitute an intersection.
Laned
Roadway. A roadway which is divided into two or more
clearly marked lanes for vehicular traffic.
License
or License to Operate a Motor Vehicle. Any driver’s license or any
other license or permit to operate a motor vehicle issued under, or granted by,
the laws of this state including:
(a)
Any temporary
license or instruction permit;
(b)
The privilege
of any person to drive a motor vehicle whether or not such person holds a valid
license; and
(c)
Any
nonresident’s operating privilege.
Light
Transmission. The ratio of the amount of total light to
pass through a product or material including any safety glazing material to the
amount of the total light falling on the product or material and the glazing.
Low
Power Cycle. Low power cycle means every vehicle and every
bicycle and tricycle with not to exceed one brake horsepower provided by
battery in addition to human power.
Low
Speed Vehicle. Any four-wheeled electric vehicle whose top
speed is greater than 20 miles per hour but not greater than 25 miles per hour
and is manufactured in compliance with the national highway and traffic safety
administration standards for low-speed vehicles in 49 C.F.R. 571.500.
Luminous
Reflectants. The ratio of the amount of total light that
is reflected outward by the product or material to the amount of the total
light falling on the product or material.
Mail. To
deposit in the
Metal
Tire. Every tire the surface of which, in contact
with the highway, is wholly or partly of metal or other hard nonresilient
material.
Micro
Utility Truck. Any motor vehicle which is not less than 48
inches in width, has an overall length, including the bumper, of not more than
160 inches, has an unladen weight, including fuel and fluids, of more than
1,500 pounds, can exceed 40 miles per hour as originally manufactured and is
manufactured with a metal cab. Micro utility truck does not include a
work-site utility vehicle.
Motor
Vehicle. Every vehicle, other than a motorized bicycle
or a motorized wheelchair, which is self-propelled and every vehicle which is
propelled by electric power obtained from overhead trolley wires, but not
operated upon rails.
Motorcycle.
Every motor vehicle having a seat or saddle for the use of the rider and
designed to travel on not more than three wheels in contact with the ground,
but excluding a tractor.
Motor-Driven
Cycle. Every motorcycle, including every motor
scooter, with a motor which produces not to exceed five brake horsepower, and
every bicycle with motor attached, except a motorized bicycle or an
electric-assisted bicycle.
Motorized
Bicycle. Every device having two tandem wheels or
three wheels which may be propelled by either human power or helper motor, or
both, and which has: (1) A motor which
produces not more than 3.5 brake horsepower; (2) a cylinder capacity of not
more than 130 cubic centimeters; (3) an automatic transmission; and (4) the
capability of a maximum design speed of no more than 30 miles per hour.
Motorized
Skateboard. A self-propelled device which has a motor or
engine, a deck on which a person may ride and at least two wheels in contact
with the ground.
Motorized
Wheelchair. Any self-propelled vehicle designed
specifically for use by a physically disabled person that is incapable of a
speed in excess of 15 miles per hour.
Narrow
Nonreflective. A
product or material designed to absorb light rather than to reflect it.
Nonresident.
Every person who is not a resident of this state.
Nonresident’s
Operating Privilege. The privilege conferred upon a nonresident by
the laws of this state pertaining to the operation by such person of a motor
vehicle, or the use of a vehicle owned by such person, in this state.
Official
Time Standard. Whenever certain hours are specified they
shall mean standard time or daylight-saving time as may be in current use in
this city.
Office
Traffic-Control Devices. All signs, signals, markings, and devices,
not inconsistent with this ordinance, placed or erected by authority of a
public body or official having jurisdiction for the purpose of regulating,
warning or guiding traffic.
Official
Traffic-Control Signal. Any device, whether manually, electrically or
mechanically operated, by which traffic is alternately directed to stop and
permitted to proceed.
Ordinance
Traffic Infraction. Is a violation of any section of this
ordinance that prescribes or requires the same behavior as that prescribed or
required by statutory provision that is classified as a traffic infraction in
K.S.A. 8-2118, as amended.
Other
Competent Evidence. (1) Includes alcohol concentration tests
obtained from samples taken two hours or more after the operation or attempted
operation of a vehicle; and (2) readings obtained from a partial alcohol
concentration test on a breath testing machine.
Owner. A
person, other than a lienholder, having the property in or title to a vehicle;
and such term includes a person entitled to the use and possession of a vehicle
subject to a security interest in another person, but excludes a lessee under a
lease not intended as security.
Park
or Parking. Means the standing of a vehicle, whether
occupied or not, otherwise than temporarily for the purpose of and while
actually engaged in loading or unloading property or passengers.
Passenger
Car. Every motor vehicle, except motorcycles and
motor-driven cycles, designed for carrying 10 passengers or less and used for
the transportation of persons.
Pedestrian.
(a)
Any person
afoot;
(b)
Any person in
a wheelchair, either manually or mechanically propelled, or other low powered,
mechanically propelled vehicle designed specifically for use by a physically
disabled person; or
(c)
Any person
using an electric personal assistive mobility device.
Person.
Every natural person, firm, association, partnership or corporation.
Person
with a Disability. Any individual who:
(a)
Has a severe
visual impairment;
(b)
Cannot walk
100 feet without stopping to rest;
(c)
Cannot walk
without the use of or assistance from, a brace, cane, crutch, another person,
prosthetic device, wheelchair or other assistive device;
(d)
Is restricted
by lung disease to such an extent that the person’s forced (respiratory)
expiratory volume for one second, when measured by spirometry, is less than one
liter or the arterial oxygen tension is less than 60 mm/hg on room air at rest;
(e)
Uses portable
oxygen;
(f)
Has a cardiac
condition to the extent that the person’s functional limitations are classified
in severity as class III or class IV according to standards set by the American
heart association; or
(g)
Is severely
limited in such person’s ability to walk at least 100 feet due to an arthritic,
neurological or orthopedic condition.
Pneumatic
Tire. Every tire in which compressed air is designed
to support the load.
Pole
Trailer. Every vehicle without motive power designed
to be drawn by another vehicle and attached to the towing vehicle by means of a
reach or pole, or by being boomed or otherwise secured to the towing vehicle,
and ordinarily used for transporting long or irregular shaped loads such as
poles, pipes or structural members capable, general, of sustaining themselves
as beams between the supporting connections.
Police
Officer. Every law enforcement officer authorized to
direct or regulate traffic or to make arrests for violations of traffic
regulations.
Private
Road or Driveway. Every way or place in private ownership and
used for vehicular travel by the owner and those having express or implied
permission from the owner, but not by other persons.
Racing. The
use of one or more vehicles in an attempt to out-gain, out-distance or prevent
another vehicle from passing, to arrive at a given destination ahead of another
vehicle or vehicles, or to test the physical stamina or endurance of drivers
over long distance driving routes.
Railroad. A
carrier of persons or property upon cars, other that streetcars, operated upon
stationary rails.
Railroad
Sign or Signal. Any sign, signal or device erected by
authority of a public body or official or by a railroad and intended to give
notice of the presence of railroad tracks or the approach of a railroad train.
Railroad
Train. A steam engine, electric or other motor, with
or without cars coupled thereto, operated upon rails.
Recreational
Vehicle. A vehicular-type unit built on or for use on
a chassis and designed primarily as living quarters for recreational, camping,
vacation or travel use and which has its own motive power or is mounted on or
drawn by another vehicle, and which has a body width not exceeding eight feet
and a body length not exceeding 40 feet; but such term shall not include a unit
which has no electrical system which operates above 12 volts and has no
provisions for plumbing, heating and any other component or feature for which a
standard is adopted by the state uniform standards code for mobile homes and
recreational vehicles.
Registration. The
registration certificate or certificates and registration plates issued under
the laws of this state pertaining to the registration of vehicles.
Residence
District. The territory contiguous to and including a
highway not comprising a business district when the property on such highway
for a distance of 300 feet or more is in the main improved with residences or
residences and buildings in use for business.
Revocation
of Driver’s License. The termination by formal action of the
division of a person’s license or privilege to operate a motor vehicle on the
highways, which termination shall not be subject to renewal except that an
application for a new license may be presented and acted upon by the division
after the expiration of the applicable period of time prescribed by state law.
Right-of-Way. The
right of one vehicle or pedestrian to proceed in a lawful manner in preference
to another vehicle or pedestrian approaching under such circumstances of
direction, speed and proximity as to give rise to danger of collision unless
one grants precedence to the other.
Road
Construction Zone. The portions of a highway which are identified
by posted or moving signs as being a construction or maintenance work
area. The zone starts at the first sign
identifying the zone and continues until a posted or moving sign indicates that
the road construction zone has ended.
Roadway. That
portion of a highway improved, designed or ordinarily used for vehicular
travel, exclusive of the berm or shoulder.
In the event a highway includes two or more separate roadways the term
“road-way” as used herein shall refer to any such roadway separately but not to
all such roadways collectively.
Safety
Hitch. A chain, cable, or other material of
sufficient weight which will prevent the towed vehicle from breaking loose in
the event the towbar or drawbar fails or becomes disconnected.
Safety
Zone. The area or space officially set apart within
a roadway for the exclusive use of pedestrians and which is protected or is so
marked or indicated by adequate signs as to be plainly visible at all times
while set apart as a safety zone.
School
Bus. Every motor vehicle defined and designated as
a school bus in Subsection (g)(1) of K.S.A. 72-8301 as amended.
School
Crossing Guard. A person 18 years of age and older or any
person under 18 years of age who is being directly supervised by a person at
least 18 years of age, acting with or without compensation and who is
authorized by a school district, nonpublic school, city, or county, to
supervise, direct monitor, or otherwise assist school children at a street or
intersection in the vicinity of a school crosswalk or bus stop.
Secretary. The
Secretary of Transportation.
Semitrailer.
Every vehicle, with or without motive power, other than a pole trailer,
designed for carrying persons or property and for being drawn by a motor
vehicle, and so constructed that some part of its weight and that of its load
rests upon or is carried by another vehicle.
Sidewalk. That
portion of a street between the curb lines, or the lateral lines of a roadway,
and the adjacent property lines intended for the use of pedestrians.
Solid
Rubber Tire. Every tire of rubber or other resilient
material which does not depend upon compressed air for the support of the load.
Special
Specially
Constructed Vehicle. Every vehicle of a type required to be
registered in this state, not originally constructed under a distinctive name,
make, model or type by a generally recognized manufacturer of vehicles and not
materially altered from its original construction.
Stand
or standing. Means the halting of a vehicle whether
occupied or not, otherwise than temporarily for the purpose of and while
actually engaged in receiving or discharging passengers.
State. The
State of
Stop. When
required means complete cessation from movement.
Stop
or Stopping. When prohibited means any halting even
momentarily of a vehicle, whether occupied or not, except when necessary to
avoid conflict with other traffic or in compliance with the directions of a
police officer or traffic-control sign or signal.
Street
or Highway. The entire width between the boundary lines
of every way publicly maintained when any part thereof is open to the use of
the public for purposes of vehicular travel.
Where the word “highway” or the word “street” is used in this ordinance,
it shall mean street, avenue, boulevard, thoroughfare, trafficway, alley and
other public way for vehicular travel by whatever name unless the context
clearly indicates otherwise.
Sun
Screening Devices. A film material or device that is designed to
be used in conjunction with motor vehicle safety glazing materials for reducing
the effects of the sun.
Suspension
of a Driver’s License. The temporary withdrawal by formal action of
the division of a person’s license or privilege to operate a motor vehicle on
the highways.
Through
Highway. Every highway or portion thereof on which
vehicular traffic is given preferential right-of-way, and at the entrances to
which vehicular traffic from intersection highways is required by law to yield
the right-of-way to vehicles on such highway in obedience to either a stop
sign, yield sign or other traffic-control device, when such signs or devices
are erected as provided in this ordinance.
Tow
Bar. A rigid piece of material which is
structurally adequate to hold any weight vehicle towed and which is properly
and securely mounted to the towed vehicle without excessive slack but with
sufficient play to allow for universal action of the connection and which is
equipped with a suitable locking device to prevent accidental separation of the
towing vehicle and the towed vehicle.
Toxic
Vapors. The following substances or products
containing such substances:
(1)
Alcohols,
including methyl, isopropyl, or butyl;
(2)
Aliphatic
acetates, including ethyl, methyl, propyl, or methyl cellosolve acetate;
(3)
Acetone;
(4)
Benzene:
(5)
Carbon
tetrachloride;
(6)
Cyclohexane;
(7)
Freons,
including freon 11 and freon 12;
(8)
Hexane;
(9)
Methyl ethyl
ketone;
(10)
Methyl
isobutyl ketone;
(11)
Naptha:
(12)
Perchlorethylene;
(13)
Toluene;
(14)
Trichloroethane;
or
(15)
Xylene.
Traffic.
Pedestrians, ridden or herded animals, vehicles and other conveyances
either singly or together while using any highway for purposes of travel.
Traffic-Control
Signal. Any device, whether manually, electrically or
mechanically operated, by which traffic is alternately directed to stop and
permitted to proceed.
Traffic-Control
Signal Preemption Device. Any device, instrument, or mechanism
designed, intended, or used to interfere with the operation or cycle of a
traffic-control signal.
Traffic
Infraction. A violation of any of the statutory
provisions listed in subsection (c) of K.S.A. Supp. 8-2118 as amended.
Trailer.
Every vehicle with or without motive power, other than a pole trailer,
designed for carrying persons or property and for being drawn by a motor
vehicle, and so constructed that no part of its weight rests upon the towing
vehicle.
Truck.
Every motor vehicle designed, used, or maintained primarily for the
transportation of property.
Truck-Camper. Any
structure designed, used or maintained primarily to be loaded on or affixed to
a motor vehicle to provide a mobile dwelling, sleeping place, office or
commercial space.
Vehicle.
Every device in, upon, or by which any person or property is or may be
transported or drawn upon a highway, except electric personal assistive mobility
devices or devices moved by human power or used exclusively upon stationary
rails or tracks.
Wide-Base
Single Tires. All tires having a section width, as
specified by the manufacturer, of 14 inches or more.
Work-Site
Utility Vehicle. Any motor vehicle which is note less than 48
inches in width, has an overall length, including the bumper, of not more than
135 inches, has an unladen weight, including fuel and fluids, of more than 800
pounds and is equipped with four or more low pressure tires, a steering wheel
and bench or bucket-type seating allowing at least two people to sit
side-by-side, and may be equipped with a bed or cargo box for hauling
materials. Work-Site Utility Vehicle does not include micro utility truck.
Wrecker
or Tow Truck. Any motor vehicle equipped with booms,
winches or similar equipment specifically designed for recovery or towing of
vehicles.
Ref.:
K.S.A. 8-1013, 8-1402 to 8-1489, 8-1565, 8-1590, 8-1730a, 8-1749b, 8-1,
124, 8-2, 128, 39-1006, 66-1329, 75-1212, as amended.
Article 2. Scope of Ordinance
Sec. 2. Provisions of Ordinance Refer to Vehicles Upon the Streets and
Highways; Exceptions. The provisions of this ordinance relating to
the operation of vehicles refer exclusively to the operation of vehicles upon
streets and highways within this city except:
(a)
Where a
different place is specifically referred to in a given section
(b)
The provisions
of Sections 29 to 31, inclusive, of this ordinance, and the provisions of
Article 10 of Chapter 8 of the Kansas Statues Annotated, and any acts
amendatory thereof, shall apply upon streets and highways and elsewhere
throughout the city. (K.S.A. 8-1501)
Sec. 3. Emergency, Temporary and Experimental Regulations. The
chief of policy or city traffic engineer is hereby empowered to make regulations
necessary to make effective the provisions of this and other traffic ordinances
of the city, to establish no parking zones on special occasions to expedite
traffic or for safety purposes, signs being properly posted, to make and
enforce temporary or experimental regulations to cover emergencies or special
conditions or to determine the advisability of permanent regulations for
recommendation to the governing body, and test traffic-control devices under
actual conditions of traffic. No
temporary or experimental regulation shall remain in force for more than 90
days. (K.S.A. 8-2002, as amended)
Sec.4. Authority of Police. Police officers of the city
shall at all times be empowered to enforce the provisions of this and other
traffic ordinances of this city and temporary and emergency rules and
regulations of the chief of police, and may at any time direct and control
traffic in person or by visible or audible signals: provided, that in the event
of fire, temporary traffic congestion or other emergency, or to expedite the
flow of traffic or to safeguard pedestrians, officers may direct traffic as
conditions require notwithstanding the provisions of this ordinance and other
traffic ordinances. (K.S.A. 8-2001: 8-2002)
Article 3. Obedience to and Effect of the Traffic
Laws
Sec. 5. Required Obedience to Traffic Laws. It
is unlawful for any person to do any act forbidden or fail to perform any act
required in this ordinance.
Sec. 6. Obedience to Authorized Persons Directing Traffic. No
person shall willfully fail or refuse to comply with any lawful order or
direction of any police officer or fireman of this city invested by law with
authority to direct, control or regulate traffic. (K.S.A. 8-1503)
Sec. 7. Persons Riding Animals or Driving Animal-Drawn Vehicles.
Every person riding an animal or driving any animal-drawn vehicle upon a
roadway shall be granted all of the rights and shall be subject to all of the
duties applicable to the driver of a vehicle by this ordinance, except those
provisions of this ordinance which by their very nature can have no
application. (K.S.A. 8-1504)
Sec. 8. Persons Working on Highways; Exceptions.
Unless specifically made applicable, the provisions of this ordinance,
except those contained in Sections 29 to 31, inclusive, of this ordinance,
shall not apply to persons, motor vehicles and equipment while actually engaged
in work upon a highway, but shall apply to such persons and vehicles when
traveling to or from work. (K.S.A. 8-1505)
Sec. 9. Public Officers and Employees to Obey Ordinance; Exceptions. The
provisions of this ordinance applicable to the drivers of vehicles upon the
highways shall apply to the drivers of all vehicles owned or operated by the
United States, this state or any county, city or any other political
subdivision of the state, subject to such specific exceptions as are set forth
in this ordinance. (K.S.A. 8-2103)
Sec. 10. Authorized Emergency Vehicles.
(a)
The driver of
an authorized emergency vehicle, when responding to an emergency call or when
in the pursuit of an actual or suspected violator of the law, or when
responding to but not upon returning from a fire alarm, may exercise the
privileges set forth in this section, but subject to the conditions herein
stated.
(b)
The driver of
an authorized emergency vehicle may:
(1)
Park or stand,
irrespective of the provisions of this ordinance.
(2)
Proceed past a
red or stop signal or stop sign, but only after slowing down as may be
necessary for safe operation.
(3)
Exceed the
maximum speed limits so long as such driver does not endanger life or property.
(4)
Disregard
regulations governing direction of movement or turning in specified directions.
(5)
Proceed
through toll booths on roads or bridges without stopping for payment of tolls,
but only after slowing down as may be necessary for safe operation and the
picking up or returning of toll cards.
(c)
The exemptions
herein granted to an authorized emergency vehicle shall apply only when such
vehicle is making use of an audible signal meeting the requirements of Section
174 and visual signals meeting the requirements of Section 160 of this
ordinance, except that an authorized emergency vehicle operated as a police
vehicle need not be equipped with or display a red light visible from in front
of vehicle.
(d)
The foregoing
provisions shall not relieve the driver of an authorized emergency vehicle from
the duty to drive with due regard for the safety of all persons, nor shall such
provisions protect the driver from the consequences of reckless disregard for
the safety of others. (K.S.A. 8-1506)
Ref.: Sec 61.
Article 4. Traffic Signs, Signals and Markings
Sec. 11. Manual and Specifications for Traffic Control Devices. All
traffic control devices shall conform to the manual and specifications as
adopted by the state highway commission. (K.S.A. 8-2005a)
Sec. 12. Obedience to and Required Traffic-Control Devices; Presumption
of Legality.
(a)
The driver of
any vehicle shall obey the instructions of any official traffic-control device
applicable thereto placed in accordance with the provisions of this ordinance,
unless otherwise directed by a police officer, subject to the exceptions
granted the driver of an authorized emergency vehicle in this ordinance.
(b)
No provision
of this ordinance for which official traffic-control devices are required shall
be enforced against an alleged violator if at the time and place of the alleged
violation an official device is not in proper position and sufficiently legible
to be seen by an ordinarily observant person.
Whenever a particular section does not state that official
traffic-control devices are required , such section shall be effective even
though no devices are erected or in place.
(c)
Whenever
official traffic-control devices are placed in position approximately
conforming to the requirements of this ordinance, such devices shall be
presumed to have been so placed by the official act or direction of lawful
authority, unless the contrary shall be established by competent evidence.
(d)
Any official
traffic-control device placed pursuant to the provisions of this ordinance and
purporting to conform to the lawful requirements pertaining to such devices
shall be presumed to comply with the requirements of this ordinance, unless the
contrary shall be established by competent evidence. (K.S.A. 8-1507)
Sec. 13. Traffic-Control Signal Legend.
Whenever traffic is controlled by traffic-control signals exhibiting
different colored lights, or colored lighted arrows, successively one at a time
or in combination, only the colors green, red and yellow shall be used, except
for special pedestrian signals carrying a word legend, and said lights shall
indicate and apply to drivers of vehicles and pedestrians as follows:
(a)
Green Indication.
(1)
Vehicular
traffic facing a circular green signal may proceed straight through or turn
right or left, unless a sign at such place prohibits either such turn; but
vehicular traffic, including vehicles turning right or left, shall yield the
right-of-way to other vehicles and to pedestrians lawfully within the
intersection or an adjacent crosswalk at the time of such signal is exhibited.
(2)
Vehicular
traffic facing a green arrow signal, shown alone or in combination with another
indication, may enter the intersection cautiously only to make the movement
indicated by such arrow, or such other movement as is permitted by other
indications shown at the same time. Such
vehicular traffic shall yield the right-of-way to pedestrians lawfully within
an adjacent crosswalk and to other traffic lawfully using the intersection.
(3)
Unless
otherwise provided by a pedestrian-control signal, as provided in Section 14,
pedestrians facing any green signal, except when the sole green signal is a
turn arrow, may proceed across the roadway within any marked or unmarked
crosswalk.
(b)
Steady Yellow Indication.
(1)
Vehicular
traffic facing a steady circular yellow or yellow arrow signal is thereby
warned that the related green movement is being terminated or that a red
indication will be exhibited immediately thereafter when vehicular traffic
shall not enter the intersection.
(2)
Pedestrians
facing a stead circular yellow or yellow arrow signal, unless otherwise
directed by a pedestrian-control signal as provided in Section 14, are thereby
advised that there is insufficient time to cross the roadway before a red
indication is shown and no pedestrian shall then start to cross the roadway.
(c)
Steady Red Indication.
(1)
Vehicular
traffic facing a steady circular red or red arrow signal alone shall stop at a
clearly marked stop line, but if none, before entering the crosswalk on the
near side of the intersection or if none, then before entering the
intersection, and shall remain standing until an indication to proceed is
shown, except as provided in paragraphs (2) and (3) of this subsection. Any turn provided for in said paragraph (2)
and (3) shall be governed by this applicable provisions of Section 49 of this
ordinance.
(2)
Unless a sign
is in place prohibiting a turn, vehicular traffic facing a stead red signal may
cautiously enter the intersection to make a right turn after stopping as
required by paragraph (1) of this subsection.
After stopping, the driver shall yield the right-of-way to any vehicle
in the intersection or approaching on another roadway so closely as to
constitute an immediate hazard during the time such driver is moving across or
within the intersection or junction of roadways. Such vehicular traffic shall yield the
right-of-way to pedestrians lawfully within an adjacent crosswalk and to other
traffic lawfully using the intersection.
(3)
Unless a sign
is in place prohibiting a turn, vehicular traffic upon a roadway restricted to
one-way traffic facing a steady red signal at the intersection of such roadway
with another roadway restricted to one-way traffic which is proceeding to the
left of such vehicular traffic, may cautiously enter the intersection to make a
left turn after stopping as required by paragraph (1) of this subsection. After stopping, the driver shall yield the
right-of-way to any vehicle in the intersection or approaching on another
roadway so closely as to constitute an immediate hazard during the time such
driver is moving across or within the intersection or junction of
roadways. Such vehicular traffic shall
yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and
to other–traffic lawfully using the intersection
(4)
Unless
otherwise directed by a pedestrian-control
signal as provided in Section 14, pedestrians facing a steady circular
red or red arrow signal alone shall not enter the roadway.
(d)
In the event
an official traffic-control signal is erected and maintained at a place other
than an intersection, the provisions of this section shall be applicable except
as to those provisions which by their nature can have no application. Any stop required shall be made at a sign or
marking on the pavement indicating where the stop shall be made, but in the
absence of any such sign or marking the stop shall be made at the signal. (K.S.A. 8-1508)
Sec. 13.1. Traffic Control Signal Preemption Devices.
(a)
Except as
provided in subsection (c), it shall be unlawful for any person to possess a
traffic control signal preemption device.
(b)
A person
convicted of violating subsection (a) shall be guilty of a code violation and
subject to a fine of not more than $1,000 or by imprisonment for not more than
six months or by both such fine and imprisonment. (K.S.A. Supp. 21-4223)
(c)
The provisions
of this section shall not apply to the operator, passenger, or owner of any of
the following authorized emergency vehicles, in the course of such person’s
emergency duties:
(1)
Publicly owned
fire department vehicles;
(2)
Publicly owned
police vehicles; or
(3)
Motor vehicles
operated by ambulance services permitted by the emergency medical services
board.
Sec. 14. Pedestrian-Control Signals. Whenever special
pedestrian-control signals exhibiting the words “walk” or “don’t walk” or
symbols of “walking person” or “upraised
palm” are in place, such signals shall indicate as follows:
(a)
Flashing or Steady Walk or Walking Person.
Pedestrians facing such signal may proceed across the roadway in the
direction of the signal and shall be given the right-of-way by the drivers of
all vehicles
(b)
Flashing or Steady Don’t Walk or Upraised
Palm. No pedestrian shall start to cross the
roadway in the direction of such signal, but any pedestrian who has partially
completed his crossing on the “walk” or “walking person” signal shall proceed
to a sidewalk or safety island while the “don’t walk” or “upraised palm” signal
is showing. (K.S.A. 8-1509)
Sec. 15. Flashing Signals. Whenever an illuminated flashing
red or yellow light is used in a traffic signal or with a traffic sign it shall
require obedience by vehicular traffic as follows:
(a)
(1)
Flashing Red (Stop Signal). When
a red lens is illuminated with rapid intermittent flashes, drivers of vehicles
shall stop at a clearly marked stop line, but if none, before entering the
crosswalk on the near side of the intersection, or if none, then at the point
nearest the intersecting roadway where the driver has a view of approaching
traffic on the intersection roadway before entering it, and the right to
proceed shall be subject to the rules applicable after making a stop at a stop
sign.
(2)
Flashing Yellow (Caution Signal). When a yellow lens is illuminated with rapid
intermittent flashes, drivers or vehicles may proceed through the intersection
or past such signal only with caution.
(b)
This section
shall not apply at railroad grade crossings.
Conduct of drivers of vehicles approaching railroad grade crossing shall
be governed by the rules as set forth in Section 76 of this ordinance. (K.S.A.
8-1510)
Sec. 16. Lane-Direction-Control Signals. When
lane-direction-control signals are placed over the individual lanes of a street
or highway, such signals indicate and apply to drivers of vehicles as follows:
(a)
Green Indication.
Vehicular traffic may travel in any lane over which a green signal is
shown.
(b)
Steady Yellow Indication.
Vehicular traffic is thereby warned that a lane control change is being
made.
(c)
Steady Red Indication. Vehicular traffic shall not enter or travel
in any lane over which a red signal is show.
(d)
Flashing Yellow Indication. Vehicular traffic may use the lane only for
the purpose of approaching a making a left turn. (K.S.A. 8-1511)
Sec. 17. Display of Unauthorized Signs, Signals or Markings.
(a)
No person
shall place, maintain or display upon or in view of any highway any unauthorized
sign, signal, marking or device which purports to be or is an imitation of or
resembles an official traffic-control device or railroad sign or signal, or
which attempts to direct the movement of traffic, or which hides from view or
interferes with the effectiveness of any official traffic-control device or any
railroad sign or signal.
(b)
No person
shall place or maintain nor shall any public authority permit upon any highway
any official traffic control device bearing thereon any commercial advertising,
except for business signs included as part of official motorist service panels
or roadside area information panels approved by the secretary of
transportation.
(c)
This section
shall not be deemed to prohibit the erection upon private property adjacent to
highways or signs giving useful directional information and of a type that
cannot be mistaken for official signs.
(d)
Every such
prohibited sign, signal or marking is hereby declared to be a public nuisance
and the governing body is hereby empowered to remove the same or cause it to be
removed without notice. (K.S.A. 8-1512)
Sec. 18. Interference with Official Traffic-Control Devices or Railroad
Signs or Signals. No person, without lawful authority, shall
attempt to or in fact alter, deface, injure, knock down, or remove any official
traffic-control device or any railroad sign or signal or any inscription,
shield, or insignia thereon, or any other part thereof. (K.S.A. 8-1513)
Sec. 19. Designation of Crosswalks and Safety Zones. The
chief of police, subject to the approval of the governing body, may designate
and maintain by appropriate devices, marks or lines on the surface of the
roadway, crosswalks at intersections where in his opinion there is particular
danger to pedestrians crossing the roadway and at such other places as may be
deemed necessary. He may also, subject
to such approval, establish and mark safety zones of such kind and character
and at such places as may be deemed necessary for the protection of
pedestrians. (K.S.A. 8-2001 and K.S.A. 8-2006)
Ref.:
Driving Through Safety Zones, see Sec 70.
(a)
The chief of
police shall have authority to declare any street or part thereof a play street
and to place appropriate signs or devices in the roadway indicating and helping
to protect the same.
(b)
Whenever
authorized signs are erected indicating any street or part thereof as a play
street, no person shall drive a vehicle upon such street or portion thereof
except drivers of vehicles having business or whose residences are within such
closed area, and then any such driver shall exercise the greatest care in
driving upon any such street or portion thereof.
Sec. 21. Traffic Lanes. The chief of police is hereby
authorized to mark traffic lanes upon the roadway of any street or highway
where a regular alignment of traffic is deemed necessary.
Article 5. Accidents and Accident Reports; Duties
Sec. 22. Provisions of Article Apply Throughout City. The
provisions of this article shall apply upon streets and highways and elsewhere
throughout the city. (K.S.A. 8-1601)
Ref.: Sec
2.
Sec. 23. Accident Involving Death or Personal Injuries; Penalties.
(a)
The driver of
any vehicle involved in an accident resulting in injury to any person shall
immediately stop such vehicle at the scene of such accident or as close thereto
as possible, but shall then forthwith return to and in every event shall remain
at the scene of the accident until the driver has fulfilled the requirements of
Section 25 of this ordinance. Each such
stop shall be made without obstructing traffic more than is necessary.
(b)
Any person who
violates this section which results in injury to any person or property damages
in excess of $1,000 shall be punished by imprisonment for not more than one
year or by a fine of not more than $2,500 or by both such fine and
imprisonment. (K.S.A. Supp. 8-1602)
Sec. 24. Accident Involving Damage to Vehicle or Other Property.
(a)
The driver of
any vehicle involved in any accident resulting only in damage to a vehicle or
other property which is driven or attended by any person shall immediately stop
such vehicle at the scene of such accident or as close thereto as possible, but
shall forthwith return to and in every event shall remain at the scene of such
accident until he has fulfilled the requirements of Section 25 of this
ordinance. Every such stop shall be made
without obstructing traffic more than is necessary.
(b)
The driver
under subsection (a), if possible, shall comply with the provisions of section
26.1. (K.S.A. 8-1602, as amended)
Sec. 25. Duty to Give Information and Render Aid.
(a)
The driver of
any vehicle involved in an accident resulting in injury to or death of any
person or damage to any vehicle or other property which is driven or attended
by any person shall give such person’s name, address, and the registration
number of the vehicle such person is driving and shall upon request exhibit
such person’s license or permit to drive, the name of the company with which
there is in effect a policy of motor vehicle liability insurance covering the
vehicle involved in the accident and the policy number of such policy to any
person injured in such accident or to the driver or occupant or person
attending any vehicle or other property damaged in such accident and shall give
such information and upon request exhibit such license or permit and, the name
of the insurer and policy number to any police officer at the scene of the
accident who is investigating the accident and shall render to any person
injured in such accident reasonable assistance, including the carrying, or the
make of arrangements for carrying of such person to a physician, surgeon, or
hospital for medical or surgical treatment if it is apparent that such
treatment is necessary or if such carrying is requested by the injured person.
(b)
In the event
that none of the persons specified are in condition to receive the information
to which they otherwise would be entitled under subsection (a) of this section,
and no police officer is present, the driver of any vehicle involved in such
accident after fulfilling all other requirements of Section 23 and subsection
(a) of this section, insofar as possible on such person’s part to be performed,
shall forthwith report such accident to the police department and submit
thereto the information specified in subsection (a) of this section.
(c)
Unless the
insurance company subsequently submits an insurance verification form
indicating that insurance was not in force, no person charged with failing to
provide the name of such person’s insurance company and policy number as
required in subsection (a), shall be convicted if such person produces in
court, within 20 days of the date of arrest or of issuance of the citation,
evidence of financial security for the motor vehicle operated, which was valid
at the time of arrest or of issuance of the citation. For the purpose of this subsection, evidence
of financial security shall be provided by a policy of motor vehicle liability
insurance, an identification card or certificate of insurance issued to the
policyholder by the insurer which provides the name of the insurer, the policy
number and the effective and expiration dates of the policy, or a certificate
of self-insurance signed by the commissioner of insurance. (K.S.A. 8-1604)
Sec. 26. Duty Upon Striking Unattended Vehicle or Other Property.
(a)
The driver of
any vehicle which collides with or is involved in an accident with any vehicle
or other property which is unattended, resulting in any damage to such other
vehicle or property, shall immediately stop and shall then and there either
locate and notify the operator or owner of such vehicle or other property of
such person’s name, address and the registration number of the vehicle such
person was driving, or shall attach securely in a conspicuous place in or on
such vehicle or other property a written notice giving such person’s name,
address and the registration number of the vehicle such person was driving, and
without unnecessary delay shall notify the police department. Every such stop shall be made without
obstructing traffic more than is necessary.
(b)
The driver
under subsection (a), if possible, shall comply with the provisions of section
26.1. (K.S.A. 8-1605, as amended)
Sec. 26.1. Removal of Vehicle From Roadway After Accident.
(a)
Except in the
case of an accident involving death or apparent injury of any person, or the
transportation of hazardous material, the owner or driver of a vehicle which
obstructs the regular flow of traffic on any interstate highway, U.S. highway,
or any multi-lane or divided roadway, shall make every reasonable effort to
move the vehicle from the roadway, if, moving the vehicle may be done safety,
does not require towing and may be operated under its own power without further
damage to the vehicle or the roadway and without endangering other vehicles or
persons upon the roadway.
(b)
Except in the
case of an accident involving death or apparent injury of any person or the
transportation of hazardous material, authorized employees or agents of the
Kansas department of transportation, Kansas highway patrol, or other law
enforcement agency without the consent of the driver or owner of the vehicle or
property, may require, assist in or cause the removal from the roadway any
vehicle, debris or any other property which is obstructing the regular flow of
traffic, creating or aggravating an emergency situation or otherwise
endangering public safety.
(c)
No state,
county, or municipal agency nor their authorized employees or agents shall be
held liable for any damages resulting from the reasonable exercise of authority
granted under this section.
(d)
Notwithstanding
the provisions of this section, a driver is required to comply with the
applicable provisions of K.S.A. 8-1601 et
seq., and amendments thereto.
(e)
From and after
July 1, 2009, and prior to July 1, 2010,
a law enforcement officer shall issue a warning citation to anyone violating
subsection (a). (2009 Session Laws of
Sec. 27. Duty to Report Accidents.
(a)
The driver of
a vehicle involved in an accident resulting in injury to, great bodily harm to,
or death of any person of total damage to all property to an apparent extent of
$1,000 or more shall give notice immediately of such accident by the quickest
means of communication to the police department
(b)
Whenever the
driver of a vehicle is physically incapable of giving an immediate notice of an
accident as required in subsection (a), and there was an occupant 18 years of
age or older in the vehicle at the time of the accident capable of doing so,
such occupant shall make or cause to be given the notice not given by the
driver.
(c)
Whenever the
driver of a vehicle is involved in an accident resulting in property damage in
the amount of $1,000 or more and such driver believes the conduct of other
individuals causing or involved in such accident would place such driver in
imminent danger of bodily injury by such individuals, such driver shall be
required to provide the notice required by subsection (a), as soon as the
imminent danger has passed. (K.S.A. Supp. 8-1606)
Sec. 28. False Reports. A person shall not give
information in oral or written reports, as required in this ordinance, knowing
or having reason to believe that such information is false. (K.S.A. 8-1608)
Article 6. Serious Traffic Offenses
Sec. 29. Reckless Driving; Penalties.
(a)
Any person who
drives any vehicle in willful or wanton disregard for the safety of persons or
property is guilty of reckless driving.
(b)
Upon a first
conviction of a violation of this section a person shall be sentenced to not
less than five days nor more than 90 days’ imprisonment or by a fine of not
less than $25 nor more than $500, or by both such fine and imprisonment. On a second or subsequent conviction of a
violation of this section, a person shall be sentenced to not less than 10 days
nor more than six months’ imprisonment, or fined not less than $50 nor more
than $500 or both such fine and imprisonment. (K.S.A. 8-1566)
Sec. 30. Driving Under the Influence of Intoxicating Liquor or Drugs;
Penalties.
(a)
No person
shall operate or attempt to operate any vehicle within this city while:
(1)
The alcohol
concentration in the person’s blood or breath as shown by any competent
evidence, including other competent evidence, is .08 or more;
(2)
The alcohol
concentration in the person’s blood or breath, as measured within two hours of
the time of operating or attempting to operate a vehicle, is .08 or more;
(3)
Under the
influence of alcohol to a degree that renders the person incapable of safely
driving a vehicle;
(4)
Under the
influence of any drug or combination of drugs to a degree that renders the
person incapable of safely driving a vehicle; or
(5)
Under the
influence of a combination of alcohol and any drug or drugs to a degree that
renders the person incapable of safely driving a vehicle.
(b)
No person
shall operate or attempt to operate any vehicle within this city if the person
is a habitual user of any narcotic, hypnotic, somnifacient or stimulating drug.
(c)
If a person is
charged with a violation of this section involving drugs, the fact that the
person is or has been entitled to use the drug under the laws of this state
shall not constitute a defense against the charge.
(d)
Upon a first
conviction of a violation of this section, a person shall be sentenced to not
less than 48 consecutive hours nor more than six months’ imprisonment, or in
the court’s discretion 100 hours of public service, and fined not less than
$500 nor more than $1,000. The person
convicted must serve at least 48 consecutive hours’ imprisonment or 100 hours
of public service either before or as a condition of any grant of probation or
suspension, reduction of sentence or parole.
In addition, the court shall enter an order which requires that the
person enroll in and successfully complete an alcohol and drug safety action education
program or treatment program as provided in K.S.A. 8-1008, and amendments
thereto, or both the education and treatment programs.
(e)
On a second
conviction of a violation of this section, a person shall be sentenced to not
less than 90 days nor more than one year’s imprisonment and fined not less than
$1,000 nor more than $1,500. The person
convicted must serve at least five consecutive days’ imprisonment before the
person is granted probation, suspension or reduction of sentence or parole or
is otherwise released. The five day’s
imprisonment mandated by this subsection may be served in a work release
program only after such person has served 48 consecutive hours’ imprisonment,
provided such work release program requires such person to return to
confinement at the end of each day in the work release program. The court may place the person convicted
under a house arrest program pursuant to K.S.A. 21-4603b, and amendments
thereto, to serve the remainder of the minimum sentence only after such person
has served 48 consecutive hours’ imprisonment.
As a condition of any grant of probation, suspension of sentence or
parole or of any other release, the person shall be required to enter into and
complete a treatment program for alcohol and drug abuse as provided in K.S.A.
8-1008, and amendments thereto.
(f)
Any person
convicted of violating this section who had one or more children under the age
of 14 years in the vehicle at the time of the offense shall have such person’s
punishment enhanced by one month of imprisonment. This imprisonment must be served
consecutively to any other minimum mandatory penalty imposed for a violation of
this section. Any enhanced penalty
imposed shall not exceed the maximum sentence allowable by law. During the service of the enhanced penalty,
the judge may order the person on house arrest, work release or other
conditional release.
(g)
The court may
establish the terms and time for payment of any fines, fees, assessments and
costs imposed pursuant to this section.
Any assessment and cost shall be required to be paid not later than 90
days after imposed, and any remainder of the fine shall be paid prior to the
final release of the defendant by the court.
(h)
In lieu of
payment of a fine imposed pursuant to this section, the court may order that
the person perform community service specified by the court. The person shall receive a credit on the fine
imposed in an amount equal to $5 for each full hour spent by the person in the
specified community service. The
community service ordered by the court shall be required to be performed not
later than one year after the fine is imposed or by an earlier date specified
by the court. If by the required date
the person performs an insufficient amount of community service to reduce to
zero the portion of the fine required to be paid by the person, the remaining
balance of the fine shall become due on that date.
(i)
(1)
Except as
provided in paragraph (5), in addition to any other penalty which may be
imposed upon a first conviction of a violation of this section, the court may
order that the convicted person’s motor vehicle or vehicles be impounded or
immobilized for a period not to exceed one year and that the convicted person
pay all towing, impoundment, and storage fees or other immobilization costs.
(2)
The court
shall not order the impoundment or immobilization of a motor vehicle driven by
a person convicted of a violation of this section if the motor vehicle had been
stolen or converted at the time it was driven in violation of this section.
(3)
Prior to
ordering the impoundment or immobilization of a motor vehicle or vehicles owned
by a person convicted of a violation of this section, the court shall consider,
but be not limited, the following:
(A)
Whether the
impoundment or immobilization if the motor vehicle would result in the loss of
employment by the convicted person or a member of such person’s family; and
(B)
Whether the
ability of the convicted person or a member of such person’s family to attend
school or obtain medical care would be impaired.
(4)
Any personal
property in a vehicle impounded or immobilized pursuant to this subsection may
be retrieved prior to or during the period of such impoundment or
immobilization.
(5)
As used in
this subsection, the convicted person’s motor vehicle or vehicles shall include
any vehicle leased by such person. If
the lease on the convicted person’s motor vehicle subject to impoundment or
immobilization expires in less than one year from the date of the impoundment
or immobilization, the time of impoundment or immobilization of such vehicle
shall be the amount of the time remaining on the lease.
(j)
(1)
Except as
provided in paragraph (3), in addition to any other penalty which may be
imposed upon a second or subsequent conviction of a violation of this section,
the court shall order that each motor vehicle owned or leased by the convicted
person shall either be equipped with an ignition interlock device or be
impounded or immobilized for a period of two years. The convicted person shall pay all costs
associated with the installation, maintenance, and removal of the ignition
interlock device and all towing, impoundment, and storage fees or other
immobilization costs.
(2)
Any personal
property in a vehicle impounded or immobilized pursuant to this subsection may
be retrieved prior to or during the period of such impoundment or immobilization.
(3)
As used in
this subsection, the convicted person’s
motor vehicle or vehicles shall include any vehicle leased by such
person. If the lease on the convicted
person’s motor vehicle subject to impoundment or immobilization expires in less
than two years from the date of the impoundment or immobilization, the time of
impoundment or immobilization of such vehicle shall be the amount of time
remaining on the lease.
(k)
The court
shall report every conviction of a violation of this section and every
diversion agreement entered into in lieu of further criminal proceedings or a
complaint alleging a violation of this section to the division. Prior to sentencing under the provisions of
this section, the court shall request and shall receive from the division a
record of all prior convictions obtained against such person for any violations
of any of the motor vehicle laws of this state.
(l)
For the
purpose of determining whether a conviction is a first or second conviction in
sentencing under this section:
(1)
Conviction includes being convicted of a violation of this section or entering
into a diversion agreement in lieu of further criminal proceedings on a
complaint alleging a violation of this section;
(2)
Conviction includes being convicted of a violation of a law of any state or an
ordinance of any city, or resolution of any county, which prohibits the acts
that this section prohibits or entering into a diversion agreement in lieu of
further criminal proceedings in a case alleging a violation of such law,
ordinance or resolution;
(3)
Any
convictions occurring during a person’s lifetime shall be taken into account
when determining the sentence to be imposed for a first or second offender;
(4)
It is
irrelevant whether an offense occurred before or after conviction for a
previous offense; and
(5)
A person may
enter into a diversion agreement in lieu of further criminal proceedings for a
violation of this section, and amendments thereto, only once during the
person’s lifetime.
(m)
Upon
conviction of a person of a violation of this section, the division, upon
receiving a report of conviction, shall suspend, restrict or suspend and
restrict the person’s driving privileges as provided by K.S.A. 8-1014, and
amendments thereto.
(n)
Upon
conviction of a person of a violation of this section, the court may order the
convicted person to pay restitution to any victim who suffered loss due to the
violation for which the person was convicted.
(o)
No plea
bargaining agreement shall be entered into nor shall any judge approve a plea
bargaining agreement entered into for the purpose of permitting a person
charged with a violation of this section to avoid the mandatory penalties
established by this section. For the
purpose of this subsection, entering into a diversion agreement pursuant to
K.S.A. 12-4413 et seq., and amendments
thereto, shall not constitute plea bargaining.
(p)
The
alternatives set out in subsections (a) (1), (a) (2) and (a) (3) may be pleaded
in the alternative, and the city may, but shall not be required to, elect one
or two of the three prior to submission of the case to the fact finder.
(q)
For the
purpose of this section:
(1)
Alcohol Concentration means the number of grams of alcohol per
100 milliliters of blood or per 210 liters of breath
(2)
Drug includes toxic vapors as such term is defined in Section 1.
(3)
Imprisonment shall include any restrained environment in
which the court and law enforcement agency intend to retain custody and control
of a defendant and such environment has been approved by the board of county
commissioners or the governing body of a city.
(r)
Upon every
conviction of a violation of this section, the court shall order such person to
submit to a pre-sentence alcohol and drug abuse evaluation pursuant to K.S.A.
8-1008, and amendments thereto. Such
pre-sentence evaluation shall be made available, and shall be considered by the
sentencing court. (K.S.A. Supp. 8-1567)
Ref.: For
persons under 21 years of age, see also K.S.A. 8-1567a.
{Editor’s
Note: The 2007 Kansas Legislature, in Senate Bill
31, the 2008 Kansas Legislature, in House Bill 2617, and the 2009 Kansas
Legislature, in House Bill 2096, acted to give municipal courts jurisdiction
over the felony level offences of Third, Fourth, and Subsequent Driving Under
the Influence (DUI). K.S.A. Supp.
8-1567. Because of concerns about
sentencing issues and cost, the Editor determined that this change would not be
included in this Code. Should a city
wish to implement the provisions of SB 31, HB 2617, and HB 2096 concerning
prosecuting felony level DUI in municipal court, a separate ordinance will need
to be adopted.}
Sec. 30.1. Driving Commercial Motor Vehicle Under the Influence of
Intoxicating Liquor or Drugs; Penalties.
(a)
No person
shall drive any commercial motor vehicle within this city limit while:
(1)
The alcohol
concentration in the person’s blood or breath, as shown by any competent
evidence, including other competent evidence, is .04 or more;
(2)
The alcohol
concentration in the person’s blood or breath, as measured within two hours of
the time of driving a commercial motor vehicle, is .04 or more; or
(3)
Committing a
violation of subsection (a) of Section 30 of this ordinance.
(b)
In addition to
any penalties ordered under Section 30 of this ordinance, the person convicted
shall be sentenced to not less than 48 consecutive hours nor more than six
months imprisonment, and fined not less than $200 nor more than $500.
(c)
The court
shall report every conviction of a violation of this section to the
division. Prior to sentencing under
their provisions of this section, the court shall request and shall receive
from the division a record of all prior convictions obtained against such
person for any violation of any of the motor vehicle laws of this state.
(d)
Upon
conviction of a person of a violation of this section, the division, upon
receiving a report of conviction, shall disqualify the person from driving a
commercial motor vehicle under K.S.A. 8-2,142, and amendments thereto.
(e)
For the
purpose of this section, drive means to drive, operate or be in physical
control of a motor vehicle in any place open to the general public for purposes
of vehicular traffic and includes operation or physical control of a motor
vehicle anywhere in the city.
(f)
For the
purpose of this section, commercial
motor vehicle shall not include:
(1)
Farm vehicles,
defined as follows:
(A)
Registered as
a farm truck or truck tractor under K.S.A. 8-143, and amendments thereto;
(B)
Used to
transport either agricultural products, farm machinery, farm supplies, or both,
to or from a farm;
(C)
Not used in
operations of a common or contract motor carrier; and
(D)
Used with 150
air miles of any farm or farms owned or leased by the registered owner of such
farm vehicle;
(2)
Vehicles
operated by firefighters and other persons which are necessary to the
preservation of life or property or the execution of emergency governmental
functions, are equipped with audible and visual signals and are not subject not
normal traffic regulation. These
vehicles include fire trucks, hook and ladder trucks, foam or water transport
trucks, police SWAT team vehicles, ambulances or other vehicles that are used
in response to emergencies;
(3)
Military
vehicles which are operated by military personnel in pursuit of military
purposes and all noncivilian operators of equipment owned or operated by the
(4)
Motor vehicles, which would otherwise be
considered commercial motor vehicles, if such vehicles are used solely and
exclusively for private noncommercial use and any operator of such vehicles.
(K.S.A. Supp. 8-2,127, K.S.A. 8-2,128,
K.S.A. 8-2,144)
Sec. 30.2. Preliminary Breath Test.
(a)
Any person who
operates or attempts to operate a vehicle within this state is deemed to have
given consent to submit to a preliminary screening test of the person’s breath
subject to the provisions set out in subsection (b).
(b)
A law
enforcement officer may request a person who is operating or attempting to
operate a motor vehicle within this state to submit to a preliminary screening
test of the person’s breath to determine the alcohol concentration of the
person’s breath if the officer has reasonable suspicion to believe that the
person has been operating or attempting to operate a vehicle while under the
influence of alcohol or drugs or both alcohol and drugs.
(c)
At the time
the test is requested, the person shall be given oral notice that:
(1)
There is no
right to consult with an attorney regarding whether to submit to testing;
(2)
Refusal to
submit to testing is a traffic infraction; and
(3)
Further
testing may be required after the preliminary screening test.
Failure to provide the notice shall not be
an issue or defense in any action. The
law enforcement officer then shall request the person to submit to the test.
(d)
Refusal to
take and complete the test as requested is a traffic infraction. If the person submits to the test, the
results shall be used for the purpose of assisting law enforcement officers in
determining whether an arrest should be made and whether to request the tests
authorized by K.S.A. 8-1001 and amendments thereto. A law enforcement officer may arrest a person
based in whole or in part upon the results of a preliminary screening
test. Such results shall not be
admissible in any civil or criminal action concerning the operation or
attempted operation of vehicle except to aid the court or hearing officer in
determining a challenge to the validity of the arrest or the validity of the
request to submit to a test pursuant to K.S.A. 8-1001 and amendments
thereto. Following the preliminary
screening test, additional tests may be requested pursuant to K.S.A. 8-1001 and
amendments thereto. (K.S.A. Supp. 8-1012)
Sec. 30.3. Ignition Interlock Devices; Tampering.
(a)
No person
shall:
(1)
Tamper with an
ignition interlock device for the purpose of circumventing it or rendering it
inaccurate or inoperative;
(2)
Request or
solicit another to blow into an ignition interlock device, or start a motor
vehicle equipped with such device, for the purpose of providing an operable
motor vehicle to a person whose driving privileges have been restricted to
driving a motor vehicle equipped with such device;
(3)
Blow into or
start a motor vehicle equipped with an ignition interlock device for the
purpose of providing an operable motor vehicle to a person whose driving
privileges have been restricted to driving a motor vehicle equipped with such
device; or
(4)
Operate a
vehicle not equipped with an ignition interlock device during the restricted
period.
(b)
Violation of
this section shall be punished by a fine of note more than $2,500 or by
imprisonment for not more than one year or by both such fine and imprisonment.
(K.S.A. 8-1017)
Sec. 30.4 Impounded Motor Vehicle; Disposition; When. If
the owner of a motor vehicle which has been impounded pursuant to Section 30 or
Section 105, refuses to pay any towing, impoundment, storage, or other fees
relating to the impoundment or immobilization of such vehicle or fails to take
possession of such vehicle within 30 days following the date of expiration of
the impoundment period, such vehicle shall be deemed abandoned and the vehicle
may be disposed of by the person having possession of such vehicle. If the person having possession of such
vehicle is a public agency, disposition of such vehicle shall be in compliance
with the procedures for notice and public auction, provided by paragraph (2) of
subsection (a) of K.S.A. 8-1102, and amendments thereto. If the person having possession of such
vehicle is not a public agency, disposition of such vehicle shall be in
compliance with K.S.A. 8-1103 through 8-1108, amendments thereto. (K.S.A. Supp.
8-1021)
Sec 30.5 Commercial Driver’s Licenses; Diversion Agreements Not Allowed. A
driver may not enter into a diversion agreement in lieu of further criminal
proceedings that would prevent such driver’s conviction for any violation, in
any type of motor vehicle, of a state or local traffic control law, except a
parking violation, from appearing on the driver’s record, whether the driver
was convicted for an offense committed in the state where the driver is licensed
or another state. (K.S.A. Supp. 8-2,150)
Sec. 31 Fleeing or Attempting to Elude a Police Officer.
(a)
(1)
Any driver of
a motor vehicle who willfully fails or refuses to bring such driver’s vehicle
to a stop for a pursuing police vehicle or police bicycle, when given visual or
audible signal to bring the vehicle to a stop shall be guilty as provided by
subsection (c).
(2)
Any driver of
a motor vehicle who willfully otherwise flees or attempts to elude a pursuing
police vehicle or police bicycle, when given visual or audible signal to bring
the vehicle to a stop, shall be guilty as provided by subsection (c).
(3)
It shall be
affirmative defense to any prosecution under paragraph (1) of this subsection
that the driver’s conduct in violation of such paragraph was caused by such
driver’s reasonable belief that the vehicle or bicycle pursuing such driver’s
vehicle is not a police vehicle or police bicycle.
(b)
The signal
given by the police officer may be by hand, voice, emergency light, or siren:
(1)
If the officer
giving such signal is within or upon an official police vehicle or police
bicycle at the time the signal is given, the vehicle or bicycle shall be
appropriately marked showing it to be an official police vehicle or police
bicycle; or
(2)
If the office
giving such signal is not utilizing an official police vehicle or police
bicycle at the time the signal is given, the officer shall be in uniform,
prominently displaying such officer’s badge of office at the time the signal is
given.
(c)
Every person
convicted of violating subsection (a), shall upon first conviction be
imprisoned for not more than six months or fined not to exceed $1,000, or
both. Every person convicted of
violating this section shall upon a second conviction be punished by
imprisonment not to exceed one year or fined not to exceed $2,500 or both. For the purpose of this section conviction means a final conviction
without regard whether sentence was suspended or probation granted after such
conviction. Forfeiture of bail, bond or
collateral deposited to secure a defendant’s appearance in court, which
forfeiture has not been vacated, shall be equivalent to a conviction. Appropriately
marked official police vehicle or police bicycle shall include, but not be
limited to, any police vehicle or bicycle equipped with functional emergency lights
or siren or both and which the emergency lights or siren or both have been
activated for the purpose of signaling a driver to stop a motor vehicle. (K.S.A. 8-1568, as amended)
Article 7. Speed Regulations
Sec. 32. Speed Limitations; Basic Rule. No
person shall drive a vehicle at a speed greater than is reasonable and prudent
under the conditions and having regard to the actual hazards then
existing. Consistent with the foregoing,
every person shall drive at a safe and appropriate speed when approaching and
crossing an intersection or railroad grade crossing, when approaching and going
around a curve, when approaching a hill crest, when traveling upon any narrow
or winding roadway, and when special hazards exist with respect to pedestrians
or other traffic or by reason of weather or highway conditions. (K.S.A. 8-1557)
Sec. 33. Maximum Speed Limits.
(a)
Except as
provided in subsection (b) and except when a special hazard exists that
requires lower speed for compliance with K.S.A. 8-1557, and amendments thereto,
the limits specified in this subsection or established as authorized by law
shall be maximum lawful speeds, and no person shall operate a vehicle at a
speed in excess of such maximum limits:
(1)
In any
business district, 20 miles per hour;
(2)
In any urban
district, 30 miles per hour;
(3)
On any
separated multilane highway, as designated and posted by the secretary of
transportation, 70 miles per hour;
(4)
On any county
or township highway, 55 miles per hour; and
(5)
On all other
highways, 65 miles per hour.
(b)
No person
shall drive a school bus to or from school, or interschool or instraschool
functions or activities, at a speed in excess of the maximum speed limits
provided in subsection (a), except that the board of education of any school
district may establish by board policy lower maximum speed limits for the
operation of such district’s school buses.
The provisions of this subsection relating to school buses shall apply
to buses used for the transportation of students enrolled in community colleges
or area vocational schools, when such buses are transporting students to or
from school, or functions or activities. (K.S.A. Supp. 8-1558)
(c)
The maximum
speed limits in this section may be altered as authorized in K.S.A. 8-1559 and
K.S.A. 8-1560, and amendments thereto.
Ref.: Power to change speed limits generally and
regulate speed in parks and school zones. (K.S.A. 8-1560 and K.S.A. 8-2202)
Sec. 34. Minimum Speed Regulations.
(a)
No person
shall drive a motor vehicle at such a slow speed as to impede the normal and
reasonable movement of traffic except when reduced speed is necessary for safe
operation or in compliance with law.
(b)
Whenever the
governing body determines on the basis of an engineering and traffic
investigation that slow speeds on any highway or part of a highway consistently
impede the normal and reasonable movement of traffic, the governing body may
determine and declare a minimum speed limit below which no person shall drive a
vehicle except when necessary for safe operation or in compliance with law, and
that limit shall be effective when posted upon appropriate fixed or variable
signs. (K.S.A. 8-1561)
Sec. 35. Special Speed Limitation on Motor-Driven Cycle. No
person shall operate any motor-driven cycle at any time mentioned in Section
144 at a speed greater than 35 miles per hour unless such motor-driven cycle is
equipped with a head lamp or lamps which are adequate to reveal a person or
vehicle at a distance of 300 feet ahead. (K.S.A. 8-1562)
Ref.: Sec 182.
Sec. 36. Charging Speed Violations. In every charge of violation of
any speed regulation in this article, except charges of violations of Section
32, the complaint, also the summons or notice to appear, shall specify the
speed at which the defendant is alleged to have driven, also the speed limit applicable
within the district or at the location. (K.S.A. 8-1564)
Sec. 37. Racing on the Highways. No persons shall drive any
vehicle in any race, speed competition or contest, drag race or acceleration
contest, test of physical endurance, exhibition of speed or acceleration, or
for the purpose of making a speed record, and no person shall in any manner
participate in any such race, competition, contest, test or exhibition. (K.S.A.
8-1565)
Article 8. Driving on Right Side of Roadway;
Overtaking and Passing; Use of Roadway
Sec. 38. Driving on Right Side of Roadway; Exceptions.
(a)
Upon all
roadways of sufficient width a vehicle shall be driven upon the right half of
the roadway, except as follows:
(1)
When
overtaking and passing another vehicle proceeding in the same direction under
the rules governing such movements;
(2)
When an
obstruction exists making it necessary to drive to the left of center of the
highway; except that any person so doing shall yield the right-of-way to all
vehicles traveling in the proper direction upon the unobstructed portion of the
highway within such distance as to constitute an immediate hazard;
(3)
Upon a roadway
divided into three marked lanes for traffic under the rules applicable thereon;
or
(4)
Upon a roadway
restricted to one-way traffic.
(b)
Upon all
roadways any vehicle proceeding at less than the normal speed of traffic at the
time and place and under the conditions then existing shall be driven in the
right-hand lane then available for traffic, or as close as practicable to the
right-hand curb or edge of the roadway, except when overtaking and passing
another vehicle proceeding in the same direction, or when preparing for a left
turn at an intersection or into a private road or driveway.
(c)
Upon any
roadway having four or more lanes for moving traffic and providing for two-way
movement of traffic, no vehicle shall be driven to the left of the center line
of the roadway, except when authorized by official traffic-control devices,
designating certain lanes to the left of the center of the roadway for use by
traffic not otherwise permitted to use such lanes, or except as permitted,
under subsection (a) (2) hereof.
However, this subsection shall not be construed as prohibiting the
crossing of the center line in making a left turn into or from an alley,
private road or driveway. (K.S.A. 8-1514)
Ref.: Sec 46.
Sec. 39. Passing Vehicles Proceeding in Opposite Directions.
Drivers of vehicles proceeding in opposite directions shall pass each
other to the right, and upon roadways having width for not more than one line
of traffic in each direction, each driver shall give to the other at least
one-half of the main traveled portion of the roadway as nearly as possible.
(K.S.A. 8-1515)
Sec. 40. Overtaking a Vehicle on the Left. The
following rules shall govern the overtaking and passing of vehicles proceeding
in the same direction, subject to those limitations, exceptions and special
rules hereinafter stated:
(a)
The driver of
a vehicle overtaking another vehicle proceeding in the same direction shall
pass to the left thereof at a safe distance and shall not again drive to the
right side of the roadway until safely clear of the overtaken vehicle.
(b)
Except when
overtaking and passing on the right is permitted, the driver of an overtaken
vehicle shall give way to the right in favor of the overtaking vehicle on
audible signal and shall not increase the speed of his or her vehicle until
completely passed by the overtaking vehicle. (K.S.A. 8-1516)
Ref.: For limitation see Sec 42.
Sec. 41. When Passing on the Right is Permitted.
(a)
The driver of
a vehicle may overtake and pass upon the right of another vehicle only under
the following conditions:
(1)
When the
vehicle overtaken is making or about to make a left turn; or
(2)
Upon a roadway
with unobstructed pavement of sufficient width for two or more lines of
vehicles moving lawfully in the direction being traveled by the overtaking
vehicle.
(b)
The driver of
a vehicle may overtake and pass another vehicle upon the right only under
conditions permitting such movement in safety.
Such movement shall not be made by driving off the roadway. (K.S.A.
8-1517)
Sec. 42. Limitations on Overtaking on the Left.
Except as otherwise provided in this article no vehicle shall be driven
to the left of the center of the roadway in overtaking and passing another
vehicle proceeding in the same direction unless such left side is clearly
visible and is free of oncoming traffic for a sufficient distance ahead to
permit such overtaking and passing to be completely made without interfering
with the safe operation of any vehicle approaching from the opposite direction
or any vehicle overtaken. In every event
the overtaking vehicle must return to an authorized lane of travel as soon as
practicable and, in the even the passing movement involves the use of a lane authorized
for vehicles approaching from the opposite direction, before coming within 200
feet of any approaching vehicle. (K.S.A.
8-1518)
Ref.: Sec 40.
Sec. 43. Further Limitations on Driving on Left of
(a)
No vehicle
shall be driven to the left side of the roadway under the following conditions:
(1)
When
approaching or upon the crest of a grade or a curve in the highway where the
driver’s view is obstructed within such distance as to create a hazard in the
event another vehicle might approach from the opposite direction;
(2)
When
approaching within 100 feet of or traversing any intersection or railroad grade
crossing, except that this section shall not apply to any intersection on a
state or county maintained highway located outside city limits unless such
intersection is marked by an official department of transportation or county
road department traffic control device or pavement marking or both indicating
that passing is prohibited and such marking is placed at least 100 feet before
the intersection; or
(3)
When the view
is obstructed upon approaching within 100 feet of any bridge, viaduct or
tunnel.
(b)
The foregoing
limitations shall not apply upon a one-way roadway nor under the conditions
described in subsection (a) (2) of Section 38, nor to the driver of a vehicle
turning into or from an alley, private road or driveway. (K.S.A. 8-1519)
(a)
Whenever signs
or markings are in place to define a no-passing zone and clearly visible to an
ordinarily observant person no other driver shall at any time drive on the left
side of the roadway within such no-passing zone or ton the left side of any
pavement striping designed to mark such no-passing zone throughout its length.
(b)
This section
shall not apply under the conditions described in subsection (a) (2) of Section
38, nor to the driver of a vehicle turning left into or from an alley, private
road or driveway. (K.S.A. 8-1520)
Sec. 45. One-Way Roadways and Rotary Traffic Islands.
(a)
When official
traffic control devices indicate that vehicular traffic shall proceed in one
direction upon any highway, roadway, part of a roadway or specific lanes a
vehicle shall be driven only in the direction designated at all or such time as
shall be indicated by such device.
(b)
A vehicle
passing around a rotary traffic island shall be driven only to the right of
such island. (K.S.A. 8-1521)
Sec. 46. Driving on Roadways Laned for Traffic.
Whenever any roadway has been divided into two or more clearly marked
lanes for the traffic the following rules in addition to all others consistent
herewith shall apply:
(a)
A vehicle
shall be driven as nearly as practicable entirely within a single lane and
shall not be moved from such lane until the driver has first ascertained that
such movement can be made with safety.
(b)
Upon a roadway
which is divided into three lanes and provides for two-way movement of traffic,
a vehicle shall not be driven in the center lane except when overtaking and
passing another vehicle traveling in the same direction when such center lane
is clear of traffic within a safe distance, or in preparation for making a left
turn or where such center lane is at the time allocated exclusively to traffic
moving in the same direction that the vehicle is proceeding and such allocation
is designated by official traffic-control devices.
(c)
Official
traffic-control devices may be erected directing specified traffic to use a
designated lane or designating those lanes to be used by traffic moving in a
particular direction regardless of the center of the roadway and drivers of
vehicles shall obey the directions of every such device.
(d)
Official
traffic-control devices may be installed prohibiting the changing of lanes on
sections of roadway and drivers of vehicles shall obey the direction of every
such device. (K.S.A. 8-1522)
Ref.: Sec 38.
Sec. 47. Following Too Closely.
(a)
The driver of
a motor vehicle shall not follow another vehicle more closely than is
reasonable and prudent, having due regard for the speed of such vehicle and the
traffic upon and the condition of the highway.
(b)
The driver of
any truck or motor vehicle drawing another vehicle when traveling upon a
roadway outside of a business or residence district and which is following
another truck or motor vehicle drawing another vehicle shall leave sufficient
space, whenever conditions permit, so that overtaking vehicle may enter and
occupy such space without danger, except that this shall not prevent a truck or
motor vehicle drawing another vehicle from overtaking and passing any vehicle
or combination of vehicles.
(c)
Motor vehicles
being driven upon any roadway outside of a business or residence district in a
caravan or motorcade, whether or not towing other vehicles, shall be so
operated as to allow sufficient space between each such vehicle or combination
of vehicles so as to enable any other vehicle to enter and occupy such space
without danger. This provision shall not
apply to funeral processions. (K.S.A. 8-1523)
Sec. 48. Driving on Divided Highways; Left and U Turns;
Controlled-Access Highways. No person shall:
(a)
Drive a
vehicle over, upon or across any intervening space, physical barrier or a
clearly indicated dividing section so constructed as to impede vehicular
traffic between roadways on divided highways;
(b)
Make a left
turn or a semicircular or “U” turn on the interstate system;
(c)
Make a left
turn or a semicircular or “U” turn over, across or within any intervening
space, physical barrier or a clearly indicated dividing section so constructed
as to impede vehicular traffic between roadways on a divided highway, except this
subsection (c) does not prohibit making a left turn or a semicircular or “U”
turn through an opening provided and surfaced for the purpose of public use for
such turning movements;
(d)
Make a left
turn or a semicircular or “U” turn on a divided highway wherever such turn is
specifically prohibited by a sign or signs placed by the authority having
jurisdiction over that highway;
(e)
Drive any
vehicle on a divided highway except on the proper roadway provided for that
purpose and in the proper direction and to the right of the intervening space,
physical barrier or a clearly indicated
dividing section so constructed as to impede vehicular traffic between roadways
unless directed or permitted to use another roadway by official traffic-control
devices or police officers;
(f)
Drive any
vehicle onto or from any controlled-access highway except at such entrances and
exists as are established by the authority having jurisdiction over such
highway;
(g)
Use
controlled-access highway right of way for parking vehicles or mobile equipment,
or stacking of materials or equipment, for the purpose of servicing adjacent
property; or
(h)
Stop, stand or
park vehicles on the right way of controlled-access highway except for:
(1)
Stopping of
disabled vehicles;
(2)
Stopping to
give aid in an emergency;
(3)
Stopping in
compliance with directions of a police officer or other emergency or safety
official;
(4)
Stopping due
to illness or incapacity of driver; or
(5)
Parking in
designated parking or rest areas. (K.S.A. 8-1524)
Ref.: Secs. 50, 51.
Article 9. Turning and Starting and Signals on
Stopping and Turning
(a)
The driver of
a vehicle intending to turn shall do so as follows:
(1)
Right Turns. Both
the approach for a right turn and a right turn shall be made as close as
practicable to the right-hand curb or edge of the roadway.
(2)
Left Turns. The
driver of a vehicle intending to turn left shall approach the turn in the
extreme left-hand lane lawfully available to traffic moving in the direction of
travel of such vehicle. Whenever
practicable a left turn at an intersection shall be made to the left of the
center of the intersection, and any left turn shall be made so as to leave the
intersection or other location in the extreme left-hand lane lawfully available
to traffic moving in the same direction as such vehicle on the roadway.
(b)
Two-way left turn lanes.
Where a special lane for making left turns by drivers proceeding in
opposite directions has been indicated by official traffic control devices:
(1)
A left turn
shall not be made from any other lane;
(2)
A vehicle shall
not be driven in the lane except when preparing for or making a left turn from
or into the roadway or when preparing for or making a U-turn when otherwise
permitted by law.
(c) When official traffic-control devices
are placed within or adjacent to intersections requiring and directing that a
different course from that specified in this section be traveled by vehicles
turning at an intersection, no driver of a vehicle shall turn a vehicle at an
intersection other than as directed and required by such devices. (K.S.A.
8-1545)
Sec. 50. Right, Left and U Turns at Intersections: Obedience To.
(a)
The chief of
police is hereby authorized to determine those intersections at which drivers
of vehicles shall not make a right, left or U turn, and shall place or cause to
be placed proper signs at such intersections.
The making of such turns may be prohibited between certain hours of any
day and permitted at other hours, in which event the same shall be plainly
indicated on the signs or the signs may be removed when such turns are
permitted.
(b)
Whenever
authorized signs are erected or temporarily displayed on a moveable standard
indicating that no right or left or U turn is permitted, no driver of a vehicle
shall disobey the directions of any such sign.
Ref.: Secs. 48, 51.
Sec. 51. U turns; Where Prohibited. The driver of any vehicle shall
not turn such vehicle so as to proceed in the opposite direction upon any
street in a business district, when posted, nor upon any other street unless
such movement can be made in safety without interfering with other traffic.
(K.S.A. 8-1546)
Ref.: 48, 50.
Sec. 52. Turning on Curve or Crest of Grade Prohibited. No
vehicle shall be turned so as to proceed in the opposite direction upon any
curve, or upon the approach to, or near the crest of a grade, where such
vehicle cannot be seen by the driver of any vehicle approaching from either
direction within 500 feet. (K.S.A. 5-1546)
Sec. 53. Starting Parked Vehicle. No person shall start a vehicle
which is stopped, standing or parked unless and until such movement can be made
with reasonable safety. (K.S.A. 8-1547)
Sec. 54. Turning Movements and Required Signals.
(a)
No person
shall turn a vehicle or move right or left upon a highway unless and until such
movement can be made with reasonable safety, nor without giving an appropriate
signal in the manner hereinafter provided.
(b)
A signal of
intention to turn or move right or left when required shall be given
continuously during not less than the last 100 feet traveled by vehicle before
turning.
(c)
No person
shall stop or suddenly decrease the speed of a vehicle without first giving an
appropriate signal in the manner provided herein to the driver of any vehicle
immediately to the rear when there is opportunity to give such signal.
(d)
The signals
required on vehicles by subsection (b) of Section 149 shall not be flashed on
one side only on a disabled vehicle, flashed as a courtesy or “do pass” signal
to operators of other vehicles approaching from the rear, nor be flashed on one
side only of a parked vehicle except as may be necessary for compliance with
this section. (K.S.A. 8-1548)
Sec. 55. Signals by Hand and Arm or Signal Lamps. The
driver of any motor vehicle or combination of vehicles which is required to be
equipped with electric turn signal lamps by Section 149 shall give any required
notice of intention to turn by means of electric turn signals meeting the
requirements of subsection (b) of Section 161.
The driver of any other motor vehicle or combination of vehicles shall
give such notice by means of hand and arm signals, as provided in Section 56,
or by such electric turn signals. (K.S.A. 8-1549)
Sec. 56. Methods of Giving Signals. All signals herein required to
be given by hand and arm shall be given from the left side of the vehicle in
the following manner and such signals shall indicate as follows:
(a)
Left turn –
hand and arm extended horizontally.
(b)
Right turn –
hand and arm extended upward.
(c)
Stop or
decrease of speed – hand and arm extended downward. (K.S.A. 8-1550)
Article 10. Right-of-Way
Sec. 57. Vehicles Approaching or Entering Intersection.
(a)
When two
vehicles approach or enter an intersection from different highways at
approximately the same time the driver of the vehicle on the left shall yield
the right-of-way to the vehicle on the right.
(b)
The
right-of-way rule declared in subsection (a) is modified at through highways
and otherwise as hereinafter stated in this ordinance. (K.S.A. 8-1526)
Sec. 58. Vehicle Turning Left. The driver of a vehicle
intending to turn to the left within an intersection or into any alley, private
road or driveway shall yield the right-of-way to any vehicle approaching from
the opposite direction which is within the intersection or so close to thereto
as to constitute an immediate hazard. (K.S.A. 8-1527)
Sec. 59. Stop Signs and Yield Signs.
(a)
Preferential
right-of-way may be indicated by stop signs or yield signs.
(b)
Except when
directed to proceed by a police officer, every driver of a vehicle approaching
a stop sign shall stop at a clearly marked stop line, but if none, before
entering the crosswalk on the near side of the intersection, or, if none, then
at the point nearest the intersecting roadway where the driver has a view of
approaching traffic on the intersecting roadway before entering it. After having stopped, the driver shall yield
the right-of-way to any vehicle in the intersection or approaching on another
roadway so closely as to constitute an immediate hazard during the time when
such driver is moving across of within the intersection or junction of roadways. Such driver shall yield the right-of-way to
pedestrians within an adjacent crosswalk.
(c)
The driver of
a vehicle approaching a yield sign shall in obedience to such sign slow down to
a speed reasonable for the existing conditions and if required for safety to
stop, shall stop at a clearly marked stop line, but if none, before entering
the crosswalk on the near side of the intersection, or, if none, then at the
point nearest the intersecting roadway where the driver has a view of
approaching traffic on the intersection roadway before entering it. After slowing or stopping, the driver shall
yield the right-of-way to any vehicle in the intersection or approaching on
another roadway so closely as to constitute an immediate hazard during the time
when such driver is moving across or within the intersection or junction of
roadways. Such driver shall yield the
right-of-way to pedestrians within an adjacent crosswalk. If a driver is involved in a collision with a
vehicle in the intersection or junction of roadways or with a pedestrian in an
adjacent crosswalk, after driving past a yield sign without stopping, such
collision shall be deemed prima facie evidence of the driver’s failure to yield
the right-of-way. (K.S.A. 8-1528)
Sec. 60. Vehicle Entering Roadway. The driver of a vehicle about to
enter or cross a roadway from any place other than another roadway shall yield
the right-of-way to all vehicles approaching on the roadway to be entered or
crossed. (K.S.A. 8-1529)
Ref.: Sec 80.
Sec. 61. Operation of Vehicles on Approach of Authorized Emergency
Vehicles.
(a)
Upon the
immediate approach of an authorized emergency vehicle making use of and audible
signal meeting the requirements of subsection (d) of Section 174 an visual
signals meeting the requirements of Section 160 of this ordinance or of a
police vehicle properly and lawfully making use of an audible signal only, the
driver of every other vehicle shall do the following unless otherwise directed
by a police officer:
(1)
Yield the
right-of-way;
(2)
Immediately
drive to a position parallel to and as close as possible to the right-hand edge
or curb of the roadway clear of any intersection; and
(3)
Stop and
remain in such position until the authorized emergency vehicle has passed.
(b)
The driver of
a motor vehicle upon approaching a stationary authorized emergency vehicle,
when the authorized emergency vehicle is make use of visual signals meeting the
requirements of Section 160, or subsection (d) of Section 162, shall do either
of the following:
(1)
If the driver
of the motor vehicle is traveling on a highway that consists of at least two
lanes that carry traffic in the same direction of travel as that of the
driver’s motor vehicle, the driver shall proceed with due caution and, if
possible and with due regard to the road, weather and traffic conditions, shall
change lanes into a lane that is not adjacent to that of the stationary
authorized emergency vehicle; or
(2)
If the driver
is not traveling on a highway of a type described in paragraph (1), or if the
driver is traveling on a highway of that type but it is not possible to change
lanes or if to do so would be unsafe, the driver shall proceed with due
caution, reduce the speed of the motor vehicle and maintain a safe speed for
the road, weather and traffic conditions.
( c) This section shall not operate to relieve
the driver of an authorized emergency vehicle from the duty to drive with due
regard for the safety of all persons using the highway. (K.S.A. 8-1530)
Ref.: Sec. 10.
Sec. 61.1. Passing When Near Stationary Authorized Emergency Vehicle. The
driver of a vehicle shall not overtake and pass another vehicle when
approaching within 100 feet of: (1) A stationary authorized emergency vehicle
on a highway that consists of two lanes carrying traffic in opposite
directions, when the authorized emergency vehicle is making use of visual
signals meeting the requirements of Section 160, or subsection (d) of Section
162; or (2) A stationary authorized vehicle which is obviously and actually
engaged in work on a highway that consists of two lanes carrying traffic in
opposite directions, when such vehicle displays flashing lights meeting the
requirements of Section 172. (K.S.A. Supp. 8-1520a)
Sec. 62. Highway Construction and Maintenance.
(a)
The driver of
a vehicle shall yield the right-of-way to any authorized vehicle or pedestrian
actually engaged in work upon a highway within any road construction zone,
indicated by official traffic-control devices.
(b)
The driver of
a vehicle shall yield the right-of-way to any authorized vehicle which is
obviously and actually engaged in work upon a highway whenever such vehicle
displays flashing lights meeting the requirements of Section 172.
(c)
The driver of
a motor vehicle upon approaching a stationary authorized vehicle which is
obviously and actually engaged in work upon a highway, when such authorized
vehicle is displaying flashing lights meeting the requirements of K.S.A.
8-1731, and amendments thereto, shall do either of the following:
(1)
If the driver
of the motor vehicle is traveling on a highway that consists of at least two
lanes that carry traffic in the same direction of travel as that of the
driver’s motor vehicle, the driver shall proceed with due caution and, if
possible and with due regard to the road, weather, and traffic conditions,
shall change lanes into a lane that is not adjacent to that of the stationary
authorized vehicle; or
(2)
If the driver
is not traveling on a highway of a type described in paragraph (1), or if the
driver is traveling on a highway of that type but it is not possible to change
lanes or if to do so would be unsafe, the driver shall proceed with due
caution, reduce the speed of the motor vehicle and maintain a safe speed for
the road, weather, and traffic conditions.
(d)
Prior to July
1, 2007, a law enforcement officer shall issue a warning citation to anyone
violating the provisions of subsection (c).
(e)
This section
shall not operate o relieve the driver of an authorized vehicle from the duty
to drive with due regard for the safety of all persons using the highway.
(K.S.A. Supp. 8-1531)
Article 11. Pedestrians
Sec. 63. Pedestrians; Obedience to Traffic-Control Devices and Traffic
Regulations.
(a)
A pedestrian
shall obey the instruction of any official traffic-control device specifically
applicable to him, unless otherwise directed by a police officer.
(b)
Pedestrians
shall be subject to traffic and pedestrian-control signals as provided in
Sections 13 and 14.
(c)
At all other
places pedestrians shall be accorded the privileges and shall be subject to the
restrictions state in this ordinance. (K.S.A. 8-1532)
Sec. 64. Pedestrians’ Right-of-Way in Crosswalks; Control Signals.
(a)
When
traffic-control signals are not in place or not in operation the driver of a
vehicle shall yield the right-of-way, slowing down or stopping if need be to so
yield, to a pedestrian entering or crossing the roadway within a crosswalk.
(b)
No pedestrian
shall suddenly leave a curb or other place of safety and walk or run into the
path of a vehicle which is so close as to constitute an immediate hazard.
(c)
Subsection (a)
of this section shall not apply under the conditions stated in subsection (b)
of Section 65.
(d)
Whenever any
vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an
intersection to permit a pedestrian to cross the roadway, the driver of any
other vehicle approaching from the rear shall not overtake and pass such
stopped vehicle. (K.S.A. 8-1533)
Sec. 64.1. School Crossing Guard; Disobeying. No
person shall willfully fail or refuse to comply with any lawful order or
direction of any uniformed school crossing guard invested by law with authority
to direct, control, or regulate traffic. (K.S.A. Supp. 8-15, 103)
Sec. 65. Crossing at Other Than Crosswalks; Jaywalking.
(a)
Every
pedestrian crossing a roadway at any point other than within a marked crosswalk
or within an unmarked crosswalk at an intersection shall yield the right-of-way
to all vehicles upon the roadway.
(b)
Any pedestrian
crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian
crossing has been provided shall yield the right-of-way to all vehicles upon
the roadway.
(c)
Between
adjacent intersections at which traffic-control signals are in operation
pedestrians shall not cross at any place except in the marked crosswalk.
(d)
No pedestrian
shall cross a roadway intersection diagonally unless authorized by official
traffic-control devices; and, when authorized to cross diagonally, pedestrians
shall cross only in accordance with the official traffic-control devices
pertaining to such crossing movements. (K.S.A. 8-1534)
Sec. 66. Drivers to Exercise Due Care. Notwithstanding other provisions
of this article, every driver of a vehicle shall exercise due care to avoid
colliding with any pedestrian, and shall give warning by sounding the horn when
necessary, and shall exercise proper precaution upon observing any child or any
obviously confused or incapacitated person. (K.S.A. 8-1535)
Sec. 67. Pedestrians to Use Right Half of Crosswalks.
Pedestrians shall move, whenever practicable upon the right half of
crosswalks. (K.S.A. 8-1536)
Sec. 68. Pedestrians on Highways.
(a)
Where a
sidewalk is provided and its use is practicable it shall be unlawful for any
pedestrian to walk along and upon an adjacent roadway.
(b)
Where a
sidewalk is not available, any pedestrian walking along and upon a highway
shall walk only on a shoulder, as far as practicable from the edge of the
roadway.
(c)
Where neither
a sidewalk nor a should is available, any pedestrian walking along and upon a
highway shall walk as near as practicable to an outside edge of the roadway,
and, if on a two-way roadway, shall walk only on the left side of the roadway.
(d)
Except as
otherwise proved in this article, any pedestrian upon a roadway shall yield the right-of-way
to all vehicles upon the roadway (K.S.A. 8-1537)
Sec. 69. Pedestrians Soliciting Rides or Business.
(a)
No person
shall stand upon or along a street or highway for the purpose of soliciting a
ride.
(b)
No person
shall stand on a highway for the purpose of soliciting employment, business or
contributions from the occupant of any vehicle.
(c)
No person shall
stand on or in proximity to a street or highway for the purpose of soliciting
the watching or guarding of any vehicle while parked or about to be parked on a
street or highway.
(d)
The soliciting
of contributions under subsection (b) shall not be prohibited if such person or
organization has first obtained a permit authorizing such soliciting from the city. (K.S.A.
8-1538)
Sec. 70. Driving Through Safety Zone Prohibited. No
vehicle shall at any time be driven through or within a safety zone. (K.S.A. 8-1539)
Sec. 71. Pedestrians
Sec. 72. Pedestrians Yield to Authorized Emergency Vehicles.
(a)
Upon the
immediate approach of an authorized emergency vehicle making use of an audible
signal meeting the requirements of subsection (d) of Section 174 and visual
signals meeting the requirements of Section 160 of this ordinance, or of a
police vehicle properly and lawfully making use of an audible signal only,
every pedestrian shall yield the right-of-way to the authorized emergency
vehicle.
(b)
This section
shall not relieve the driver of an authorized emergency vehicle from the duty
to drive with due regard for the safety of all persons using the highway nor
from the duty to exercise due care to avoid colliding with any pedestrian.
(K.S.A. 8-1541)
Sec. 73. Blind Pedestrian Right-of-Way. The
driver of a vehicle shall yield the right-of-way to any blind pedestrian
carrying a clearly visible white cane or accompanied by a guide dog. (K.S.A.
8-1542)
Sec. 74. Pedestrian Under Influence of Alcohol or Drugs. A
pedestrian who is under the influence of alcohol or any drug to a degree which
renders such pedestrian a hazard shall not walk or be upon a highway except on
a sidewalk. (K.S.A. 8-1543)
Sec. 75. Bridge or Railroad Signals.
(a)
No pedestrian
shall enter or remain upon any bridge or approach thereto beyond the bridge
signal, gate or barrier after a bridge operation signal indication has been giver.
(b)
No pedestrian
shall pass through, around, over or under any crossing gate or barrier at a
railroad grade crossing or bridge while such gate or barrier is closed or is
being opened or closed. (K.S.A. 8-1544)
Article 12. Special Stops Required
Sec. 76. Obedience to Signal Indicating Approach of Train.
(a)
Whenever any
person driving a vehicle approaches a railroad grade crossing under any of the
circumstances stated in this section, the driver of such vehicle shall stop
within 50 feet but not less than 15 feet from the nearest rail of such
railroad, and shall not proceed until he can do so safely. The foregoing requirements shall apply when:
(1)
A clearly
visible electric or mechanical signal device gives warning of the immediate
approach of a railroad train;
(2)
A crossing
gate is lowered or when a human flagman gives or continues to give a signal of
the approach or passage of a railroad train;
(3)
A railroad
train approaching within approximately 1,500 feet of the highway crossing emits
a signal audible from such distance and such railroad train, by reason of its
speed or nearness to such crossing, is an immediate hazard; or
(4)
An approaching
railroad train is plainly visible and is in hazardous proximity to such
crossing.
(b)
No person
shall drive any vehicle through, around or under any crossing gate or barrier
at a railroad crossing while such gate or barrier is closed or is being opened
or closed. (K.S.A. 8-1551)
Sec. 77. All Vehicles Must Stop at Certain Railroad Grade Crossings. When
the Secretary of Transportation, or governing body of this city with the
approval of the commission, has designated a particularly dangerous
highway-grad crossing of a railroad and erected a stop sign thereat, the driver
of any vehicle shall stop within 50 feet but not less than 15 feet from the
nearest rail of such railroad and shall proceed only upon exercising due care.
(K.S.A. 8-1552)
Sec. 78. Certain Vehicles Must Stop at All Railroad Grade Crossings.
(a)
Except as
provided in subsection (b), the driver of any vehicle described in rules and
regulations issued by the Secretary of Transportation in conjunction with the
State Corporation Commission, before crossing at grade any track or tracks of a
railroad, shall stop such vehicle within 50 feet but not less than 15 feet from
the nearest rail of such railroad and while so stopped shall listen and look in
both directions along such track for any approaching train, and for signals
indicating the approach of a train and shall not proceed until such driver can
do so safely. After stopping as required
and upon proceeding when it is safe to do so, the driver of any vehicle shall
cross only in such gear of the vehicle that there will be no necessity for
manually changing gears while traversing such crossings and the driver shall
not manually shift gears while crossing the track or tracks.
(b)
This section
shall not apply at:
(1)
Any railroad
grade crossing at which traffic is controlled by a police officer or human
flagman;
(2)
Any railroad
grade crossing at which traffic is controlled by a functioning highway traffic
signal transmitting a green indication which, under local law, permits a
vehicle to proceed across the railroad tracks without slowing or stopping;
(3)
Any abandoned
railroad grade crossing which is marked with a sign indicating that the rail
line is abandoned;
(4)
Any industrial
or spur line railroad grade crossing marked with a sign reading “Exempt.” Such exempt signs shall be erected only by or
with the consent of the appropriate state or local authority;
(5)
A railroad
grade crossing used exclusively for industrial switching purposes, within a
business district. (K.S.A. 8-1553)
Sec. 79. Moving Heavy Equipment at Railroad Grade Crossing.
(a)
No person
shall operate or move any crawler type tractor, steam shove, derrick, roller or
any equipment or structure having a normal operating speed of 10 or less miles
per hour, or a vertical body or load clearance of less than one-half (1/2) inch
per foot of the distance between any two adjacent axles or in any event of less
than nine inches, measured above the level surface of a roadway, upon or across
any tracks at a railroad grade crossing without first complying with this
section
(b)
Notice of any
such intended crossing shall be given to a station agent of such railroad and a
reasonable time be given to such railroad to provide proper protection at such
crossing.
(c)
Before making
any such crossing the person operating or moving any such vehicle or equipment
shall first stop the same not less than 15 feet nor more than 50 feet from the
nearest rail of such railroad, and while so stopped shall listen and look in
both directions along such track for any approaching train and for signals
indicating the approach of a train, and shall not proceed until the crossing
can be made safely.
(d)
No such
crossing shall be made when warning is given by automatic signal or crossing
gates or flagman or otherwise of the immediate approach of a railroad train or
car. If a flagman is provided by the
railroad, movement over the crossing shall be under his direction. (K.S.A.
8-1554)
Sec. 80. Emerging from Alley or Private Driveway or Building. The
driver of a vehicle emerging from an alley, building, private road or driveway
within a business or residence district shall stop such vehicle immediately
prior to driving onto a sidewalk or onto the sidewalk area extending across
such alley, building entrance, road or driveway, or in the event there is no
sidewalk area, shall stop at the point nearest the street to be entered where
the driver has a view of approaching traffic thereon. (K.S.A. 8-1555)
Ref.: Sec 60.
Sec. 81. Overtaking and Passing School Bus.
(a)
The driver of
a vehicle meeting or overtaking from either direction any school bus stopped on
the highway shall stop before reaching such school bus when there is in
operation on the school bus the flashing red lights specified in subsection (a)
of Section 170, and the driver shall not proceed until such school bus resumes
motion or the flashing red lights and the stop signal arm are no longer
actuated.
(b)
Every school
bus shall be equipped with red visual signals meeting the requirements of
subsection (a) of Section 170 of this ordinance, which may be actuated by the
driver of the school bus whenever but only whenever such vehicle is stopped on
the highway for the purpose of receiving or discharging school children. A
school bus driver shall not actuate the special visual signals:
(1)
At
intersections or other places where traffic is controlled by traffic-control
signals or police officers or;
(2)
In designated
school bus loading areas where the bus is entirely off the roadway.
(c)
Every school
bus shall bear upon the front and rear thereof plainly visible signs containing
the words “School Bus” in letters not less than eight inches in height.
When a school bus is being operated upon a
highway for purposes other than the actual transportation of children either to
or from school or to or from interschool or intraschool functions or
activities, or for maintenance, repair or storage purposes, all markings
thereon indicating “school bus” shall be covered or concealed.
(d)
The driver of
a vehicle upon a highway with separate roadways need not stop upon meeting or
passing a school bus which is on a different roadway or when upon a
controlled-access highway and the school bus is stopped in a loading zone which
is a part of or adjacent to such highway, and where pedestrians are not
permitted to cross the roadway.
(e)
The provisions
of this section shall be subject to the provisions contained in K.S.A. 8-2009a,
and amendments thereto. (K.S.A. Supp 8-1556)
Sec. 82. Overtaking and
(a)
The driver of
a vehicle meeting or overtaking from either direction any church bus or day
care program bus stopped on the highway shall stop before reaching such church
bus or day care program bus when there is in operation on said church bus or
day care program bus the flashing red lights specified in subsection (a) of
Sec. 170, and said driver shall not proceed until such church bus or day care
program bus resumes motion or said driver is signaled by the church bus or day
care program bus driver to proceed or the flashing red lights and stop signal
arm, if any, are no longer actuated.
(b)
If a church
bus or day care program bus is equipped with visual signals permitted by
subsection (c) of Sec. 171, such signals may be actuated by the drive of said
church bus or day care program bus only when such vehicle is stopped on the
highway for the purpose of receiving or discharging passengers. A church bus or day care program bus driver
shall not actuate said special visual signals:
(1)
At
intersections or other places where traffic is controlled by traffic-control
signals or police officers; or
(2)
In designated
loading areas where the bus in entirely off the roadway.
(c)
The driver of
a vehicle upon a highway with separate roadways need not stop upon meeting or
passing a church bus or day car program bus which is on a separate roadway or
when upon a controlled-access highway and the church bus or day care program
bus is stopped in a loading zone which is part of or adjacent to such highway and
where pedestrians are not permitted to cross the roadway. (K.S.A. 8-1556a)
Article 13. Stopping, Standing and Parking
Sec. 83. Stopping, Standing or Parking Outside Business or Residence
Districts.
(a)
Outside a
business or residence district, no person shall stop, park or leave standing
any vehicle, whether attended or unattended, upon the roadway when it is
practicable to stop, park or so leave such vehicle off the roadway, but in
every event an unobstructed width of the highway opposite a standing vehicle
shall be left for the free passage of other vehicles and a clear view of such
stopped vehicle shall be available from a distance of 200 feet in each
direction upon such highway.
(b)
This section,
Section 85 and Section 86 shall not apply to the driver of any vehicle which is
disabled in such manner and to such extent that it is impossible to avoid
stopping and temporarily leaving the vehicle in such position. (K.S.A. 1569)
Sec. 84. Officers Authorized to Remove Vehicles.
(a)
Whenever any
police officer finds a vehicle in violation of any of the provisions of Section
83, such officer is hereby authorized to move such vehicle, or require the
driver or other person in charge of the vehicle to move the same, to a position
off the roadway.
(b)
Any police
officer is hereby authorized to remove or cause to be removed to a place of
safety any unattended vehicle illegally left standing upon any highway, bridge,
causeway or in any tunnel in such position, or under such circumstances as to
obstruct the normal movement of traffic.
(c)
Any police
officer is hereby authorized to remove or cause to be removed to the nearest
garage or other place of safety any vehicle found upon a highway when:
(1)
Report has
been made that such vehicle has been stolen or taken without the consent of its
owner;
(2)
The person or
persons in charge of such vehicle are unable to provide for its custody or
removal; or
(3)
When the
person driving or in control of such vehicle is arrested for an alleged offense
for which the officer is required by law to take the person arrested before the
municipal judge without unnecessary delay. (K.S.A. 8-1570)
Sec. 85. Stopping, Standing or Parking Prohibited in Specified Places.
Except when necessary to avoid conflict with other traffic, or in
compliance with law or the directions of a police officer or official
traffic-control device, no person shall:
(a)
Stop, stand or
park a vehicle:
(1)
On the roadway
side of any vehicle stopped or parked at the edge or curb of a street;
(2)
On a sidewalk;
(3)
Within an
intersection;
(4)
On a
crosswalk;
(5)
Between a
safety zone and the adjacent curb or within 30 feet of points on the curb
immediately opposite the ends of a safety zone, unless a different length is
indicated by signs or markings;
(6)
Alongside or
opposite any street excavation or obstruction when stopping, standing or
parking would obstruct traffic;
(7)
Upon any
bridge or other elevated structure upon a highway or within a highway tunnel;
(8)
On any
railroad tracks;
(9)
On any
controlled-access highway;
(10)
In the area
between roadways of a divided highway, including crossovers; or
(11)
At any place
where official signs prohibit stopping.
(b)
Stand or park
a vehicle, whether occupied or not except momentarily to pick up or discharge a
passenger or passengers:
(1)
In front of a
public or private driveway;
(2)
Within 15 feet
of a fire hydrant;
(3)
Within 20 feet
of a crosswalk at an intersection;
(4)
Within 30 feet
upon the approach to any flashing signal, stop sign or traffic-control signal
located at the side of a roadway;
(5)
Within 20 feet
of the driveway entrance to any fire station and on the side of a street
opposite the entrance to any fire station within 75 feet of said entrance, when
properly sign-posted;
(6)
At any place
when official signs prohibit standing.
(c)
Park a
vehicle, whether occupied or not, except temporarily for the purpose of, and
while actually engaged in, loading or unloading property or passengers.
(1)
Within 50 feet
of the nearest rail of a railroad crossing;
(2)
At any place
where official signs prohibit parking.
(d)
No person
shall move a vehicle not lawfully under his control into any such prohibited
area or away from a curb such a distance as is unlawful.
(e)
No person
shall stand or park a vehicle in areas designated as fire lanes upon public or
private property. (K.S.A. 8-1571)
Sec. 86. Stopping or Parking on Roadways.
(a)
Except where
angle parking is permitted by ordinance every vehicle stopped or parked upon a
two-way roadway shall be so stopped or parked with the right hand wheels
parallel to and within 12 inches of the right-hand curb or as close as
practicable to the right-hand edge of the right-hand shoulder.
(b)
Except when
otherwise provided by ordinance, every vehicle stopped or parked upon a one-way
road-way shall be so stopped or parked parallel to the curb or edge of the
roadway, in the direction of authorized traffic movement, with its right-hand
wheels within 12 inches of the right-hand curb or as close as practicable to
the right edge of the right-hand shoulder or with its left-hand wheels within
12 inches of the left-hand curb or as close as practicable to the left edge of
the left-hand shoulder.
(c)
The governing
body may by ordinance permit angel parking on any roadway, except that angle
parking shall not be permitted on any federal-aid or state highway unless the
commission has determined that the roadway is of sufficient width to permit
angle parking without interfering with the free movement of traffic. (K.S.A.
8-1572)
(a)
No person
shall stop, stand or park any vehicle in a parking space, whether on public or
private property, which is clearly marked as being reserved for the use of
persons with a disability or persons responsible for the transportation of
persons with a disability unless such vehicle bears a special license plate,
permanent placard or temporary placard issued pursuant to K.S.A. 8-161 or K.S.A.
8-1, 125, and amendments thereto, and is being operated by or used for the
transportation of a person with a disability or disabled veteran. In addition to the temporary placard, a
person issued such temporary placard shall carry the state or county receipt
showing the name of the person who is issued such temporary placard. If a parking space on private property is
clearly marked as being reserved for the use of a specified person with a
disability it shall be unlawful for any other person to park in such a place.
(b)
When a motor
vehicle which bears a special license plate or placard issued pursuant to
K.S.A. 8-1, 125, and amendments thereto, is being operated by or used for the
transportation of a person with a disability, such motor vehicle:
(1)
May be parked
in any parking space, whether on public or private property, which is clearly
marked as being reserved for the use of persons with a disability or persons
responsible for the transportation of a person with a disability, except a
sparking space on private property which is clearly marked as being reserved
for the use of a specified person with a disability;
(2)
May be parked
for a period of time not to exceed 24 hours in any parking zone which is
restricted as to the length of parking time permitted, except where stopping,
standing or parking is prohibited to all vehicles, where parking is reserved
for special types of vehicles or where parking would clearly present a traffic
hazard; and
(3)
Shall be
exempt from any parking meter fees of the state or any city, county or other
political subdivision.
(c)
Official
identification devices issued to persons with a disability by any other state,
district, or territory subject to the laws of the
(d)
(1)
Notwithstanding
the provisions of K.S.A. 8-2203, and amendments thereto, each designated
accessible parking space shall be clearly marked by vertically mounted signs
bearing the international symbol of access.
(2)
All parking
shall conform to Title II or Title III, as required by the Americans with
disabilities act of 1990, 42 USCA 12101 et
seq. and 28 CFR Parts 35 and 36.
(e)
(1)
At no time,
except when necessary to avoid conflict with other traffic or in compliance
with the law or the directions of a law enforcement officer or official
traffic-control device, shall a person;
(A)
Stop, stand or
park a vehicle in any parking space designated as accessible parking without
displaying a special license plate, permanent placard or disabled veteran
license plate and an individual identification card, or a valid temporary
placard. Placards shall be displayed in
accordance with subsection (a) K.S.A. 8-1, 125, and amendments thereto;
(B)
Stop, stand or
park a vehicle so that it blocks an access entrance;
(C)
Stop, stand or
park a vehicle so that it blocks a disabled parking stall;
(D)
Stop, stand or
park a vehicle so that it blocks an access aisle; or
(E)
Stop, stand or
park a vehicle in an access aisle between or beside a designated accessible
parking space.
(2)
Each violation
of subsection (e) (1) is punishable by a fine of not less than $50 nor more
than $100.
(3)
The provisions
of subsection (e) (1) shall be enforced by law enforcement officers on public
and private property.
(f)
(1)
Any person who
willfully and falsely represents that such person has the qualifications to
obtain a special license plate, a permanent placard and an individual
identification card or temporary placard shall be guilty of a violation of this
ordinance and shall be punished by a fine of not more than $500 or by
imprisonment for not more than one month or by both such fine and imprisonment.
(2)
Any person
authorized to certify a person with a disability under subsection (a) of K.S.A.
8-1,125, and amendments thereto, who willfully and falsely certifies that a
person has the qualifications to obtain a special license plate, a permanent
placard and an individual identification card or temporary placard shall be
guilty of a violation of this ordinance and shall be punished by a fine of not
more than $500 or by imprisonment for not more than one month or by both such
fine and imprisonment. (K.S.A. Supp. 8-1,125: 8-1,130)
Sec. 87.1. Accessible Parking; Revoked or Suspended Devices.
(a)
Any person who
has in such person’s possession any accessible parking identification device
which has expired or has been revoked or suspended shall be guilty of a
violation of this ordinance and shall be punished by a fine of not less than
$100 nor more than $300.
(b)
Any person who
utilizes any accessible parking identification device issued to another person,
an agency or a business, to park in any parking space specified in K.S.A.
8-1,126, and amendments thereto, which could be utilized by a person with a
disability, except when transporting or arriving to transport a person with a
disability to whom or for whom the identification device was issued shall be
guilty of a violation of this ordinance and shall be punished by a fine of not
less than $100 nor more than $300. (K.S.A. 8-1,130a)
Ref.: Sec. 198. Vehicle License; Illegal Tag.
Sec. 88. Parking for Certain Purposes Prohibited. No
person shall park a vehicle upon any roadway for the principal purpose to:
(a)
Displaying
such vehicle for sale.
(b)
Washing,
greasing or repairing such vehicle except repairs necessitated by an emergency.
Sec. 89. Stall Parking. Where parking stalls or spaces
are marked or designated on the pavements or curb, vehicles shall be parked or
stopped within such stalls or spaces in the direction of the flow of traffic or
at the angle indicated by the markings.
Sec. 90. Blocking Traffic; Narrow Streets; Stopping; When. No
person shall stop, stand or park any vehicle upon a street, other than an
alley, in such a manner or under such conditions as to leave available less
than 10 feet of width of the roadway for free movement of vehicular traffic,
except that a driver may stop temporarily during the actual loading or
unloading of passengers or when necessary in obedience to traffic regulations
or traffic signs or signals by a policy officer.
Sec. 91. Parking on Narrow Streets; Signs. When
signs prohibit parking are erected on narrow streets, no person shall park or
stand a vehicle in any such designated place.
The chief of police is authorized to erect signs indicating “no parking”
upon both sides of any street when the width of the roadway does not exceed 20
feet, or upon one side of a street when the width of the roadway does not
exceed 30 feet.
(a)
No person
shall park any vehicle in any alley except for the purpose of loading or unloading.
(b)
No person
shall park any vehicle in any alley for any time of greater duration than
reasonable necessary for the expeditious loading or unloading of materials.
Sec. 93. Parking Disabled and Other Vehicles.
(a)
No person
shall park or store any farm machinery, trailer or semitrailer of any kind, or
parts of the same, or any dead, damaged or disabled motor vehicle or farm
machinery, trailer or semitrailer of any kind, in the roadway of any highway,
or between the property line or sidewalk and the curb line of any street
(b)
A person shall
not use the public highway to abandon vehicles or use the highway to leave
vehicles unattended in such a manner as to interfere with public highway
operations. When a person leaves a motor
vehicle on a public highway or other property open to use by the public, the
city having jurisdiction of such highway or other property open to use by the
public, after 48 hours or when the motor vehicle interferes with public highway
operations, may remove and impound the motor vehicle. (K.S.A. Supp. 8-1102)
Sec. 94. Parking Adjacent to Schools; Signs. When
official signs or markings are placed indicating no parking upon any street
adjacent to any school property, no person shall park a vehicle in any such
designated place. The chief of police is
hereby authorized to erect signs indicating “No Parking” upon either or both
sides of any street adjacent to any school property when such parking would
unreasonably interfere with traffic or create a hazard to traffic in such
places.
Sec. 95. Stopping or Parking in Hazardous or Congested Places; Signs. When
signs are erected upon approach to hazardous or congested places, no person
shall top, stand or park a vehicle in any such designated place. The chief of police is authorized to
determine and designate by proper signs those places where the stopping or
parking of vehicles would create an especially hazardous condition or would
cause unusual delay to traffic.
Sec. 96. Parking Prohibited at All Times in Designated Places. When
authorized signs are erected giving notice thereof, no person shall park a
vehicle at any time upon that portion of any of the streets so posted or signed
for “No Parking.”
Sec. 97. Limited Time Parking Zones. Whenever any appropriate sign
shall be placed and maintained in any block by lawful authority of the city
giving notice that the street or highway or city owned parking lot may be used
for parking or standing vehicles for a limited time only, it shall be unlawful
for any person to fail or refuse to comply with such sign.
Sec. 98. Commercial and Delivery Vehicles: Loading and Unloading;
Blocking Traffic; Removal of Vehicle; Duty of the Police Department.
Subject to any provision prohibiting parking at all times or during
specified hours, vehicles used for the transportation of merchandise or
materials may stand or be parked at the curb to take on or discharge loads on
any street marked for parallel parking: Provided, That such vehicles may be
backed into any curb at such times and places when and where the same may not
interfere with or become a hazard to vehicular traffic on such street within
the block: Provided further, That traffic may be temporarily blocked by any
such vehicle backed into any curb to load or unload when the same may be
necessary during such times as loading or unloading shall be undertaken in an
expeditious manner without any delay, upon prior notice to and under the
direction and supervision of the Police Department: provided further, that the
driver on some person in charge of such vehicle shall constantly be present or
available to remove such vehicle in an emergency and the vehicle shall be
removed immediately upon the same being loaded or unloaded as the case may
be. The chief of police may place suitable
warning signs to direct or control traffic during the time any street may be
blocked or traffic restricted from its normal flow or course.
Sec. 99. Loading, Unloading or Special Zones.
Whenever any appropriate sign shall be placed or marked along any street
or highway by lawful authority of the city giving notice of any special use of
the roadway adjacent thereto for the loading or unloading of merchandise or
passengers or the standing of taxicabs, buses or for other authorized purposes,
it shall be unlawful for any person to refuse or fail to comply with such sign.
Sec. 100. Citation on Illegally Parked Vehicles.
Whenever any motor vehicle without driver is found parked, standing or
stopped in violation of this ordinance, the officer finding such vehicle shall
take its registration number and may take any other information displayed on
the vehicle which may identify its user, and shall conspicuously affix to such
vehicle a traffic citation. (K.S.A. 8-2112)
Sec. 101. Failure to Comply With Traffic Citation Attached to Parked
Vehicle. If a violator of restrictions on stopping,
standing or parking does not appear in response to a traffic citation affixed
to such motor vehicle within a period of five days, the clerk of the court,
shall send to the owner of the motor vehicle to which the traffic citation was
affixed a letter informing the owner of the violation and warning that in the
even such letter is disregarded for a period of five days a warrant of arrest
will be issued. (K.S.A. 8-2113)
Sec. 102. Presumption in Reference to Illegal Parking.
(a)
In any
prosecution charging a violation of any law or regulation governing the
stopping, standing or parking of a vehicle, proof that the particular vehicle
described in the complaint was in violation of any such law or regulation,
together with proof that the defendant named in the complaint was at the time
of the violation the registered owner of such vehicle, shall constitute in
evidence a prima facie presumption that the registered owner of such vehicle
was the person who parked or placed such vehicle at the point where, and for
the time during which, such violation occurred.
(b)
The foregoing
stated presumption shall apply only when the procedure as prescribed in
Sections 100 and 101 has been followed. (K.S.A. 8-2114)
Article 14. Miscellaneous Rules
Sec. 103. Using Headphones in Vehicles. No
person shall operate any motor vehicle on the streets, alleys, or roadways of
the city while wearing headphones which in any way interfere with hearing of
traffic noise, or warning devices or signals.
Sec. 104. Inattentive Driving. Every driver whose vehicle,
because of his or her driving error or negligent inattention, collides with
another vehicle, a person or fixed object, shall be guilty of inattentive
driving and in violation of this section.
Sec. 105. Allowing Use of Motor Vehicle in Violation of K.S.A. 8-1014.
(a)
It shall be
unlawful for the owner of a motor vehicle to allow a person to drive such
vehicle when such owner knows or reasonably should have known such person was
driving in violation of K.S.A. 8-1014, and amendments thereto.
(b)
Violation of
this section is punishable by a fine of not less than $500 nor more than
$1,000. In addition to the fine imposed
upon a person convicted of a violation of this section, the court may order
that the convicted person’s motor vehicle or vehicles be impounded or
immobilized for a period not to exceed one year and that the convicted person
pay all towing, impoundment, and storage fees or other immobilization
costs. Prior to ordering the impoundment
or immobilization of any such motor vehicle, the court shall consider the
factors established in subsection (i) (3) of Section 30, and amendments
thereto. Any personal property in a
vehicle impounded or immobilized pursuant to this section may be retrieved
prior to or during the period of such impoundment or immobilization. (K.S.A.
Supp. 8-1022)
Sec. 106. Transportation of Alcoholic Beverage.
(a)
No person
shall transport in any vehicle upon a highway or street any alcoholic beverage
unless such beverage is:
(1)
In the original
unopened package or container, the seal of which has not been broken and from
which the original cap, cork or other means of closure has not been removed;
(2)
In the locked
rear trunk or rear compartment, or any locked outside compartment which is not
accessible to any person in the vehicle while it is in motion; or
(3)
In the
exclusive possession of a passenger in a vehicle which is a recreational
vehicle or a bus, who is not in the driving compartment of such vehicle or who
is in a portion of such vehicle from which the driver is not directly
accessible.
(b)
Violation of
this section is punishable by a fine of not more than $200 or by imprisonment
for not more than six months.
(c)
Except as
provided in subsection (e) upon conviction or adjudication of a second or subsequent
violation of this section, the judge, in addition to any other penalty or
disposition ordered pursuant to law, shall suspend the person’s driver’s
license or privilege to operate a motor vehicle on the streets and highways of
this state for one year.
(d)
Upon
suspension of a license pursuant to this section, the court shall require the
person to surrender the license to the court, which shall transmit the license
to the division of motor vehicles of the department of revenue, to be retained
until the period of suspension expires.
At that time, the licensee may apply to the division for return of the
license. If the license has expired, the
person may apply for a new license, which shall be issued promptly upon payment
of the proper fee and satisfaction of other conditions established by law for
obtaining a license unless another suspension or revocation of the person’s
privilege to operate a motor vehicle is in effect.
(e)
In lieu of
suspending the driver’s license or privilege to operate a motor vehicle on the
highways of this state of any person convicted of violating this section, as
provided in subsection (c), the judge of the court in which such person was
convicted may enter an order which places conditions on such person’s privilege
of operating a motor vehicle on the highways of this state, a certified copy of
which such person shall be required to carry any time such person is operating
a motor vehicle on the highways of this state.
Any such order shall prescribe the duration of the conditions imposed,
which in no even shall be for a period of more than one year for a second
violation.
Upon entering an order restricting a
person’s license hereunder, the judge shall require such person to surrender
such person’s driver license to the judge who shall cause it to be transmitted
to the division of vehicles, together with a copy of the order. Upon receipt thereof, the division of
vehicles shall issue without charge a driver’s license which shall indicate on
its face that the conditions have been imposed on such person’s privilege of
operating a motor vehicle and that a certified copy of the order imposing such
conditions is required to be carried by the person for whom the license was
issued any time such person is operating a motor vehicle on the highways of
this state. If the person convicted is a
nonresident, the judge shall cause a copy of the order to be transmitted to the
division and the division shall forward a copy of it to the motor vehicle
administrator, of such person’s state of residence. Such judge shall furnish to an person whose
driver’s license has had conditions imposed on it under this section a copy of
the order, which shall be recognized as a valid Kansas driver’s license until
such time as the division shall issue the restricted license provided for in
this section.
Upon expiration of the period of time for
which conditions are imposed pursuant to this subsection, the licensee may
apply to the division for the return of the license previously surrendered by
such licensee. In the even such license
has expired, such person may apply to the division for a new license, which
shall be issued immediately by the division upon payment of the proper fee and
satisfaction of the other conditions established by law, unless such person’s
privilege to operate a motor vehicle on the highways of this state has been
suspended or revoked prior thereto. If
any person shall violate any of the conditions imposed under this subsection,
such person’s driver’s license or privilege to operate a motor vehicle on the
highways of this state shall be revoked for a period of not less than 60 days
nor more than one year by the judge of the court in which such person is
convicted of violating such condition.
(f)
It shall be an
affirmative defense to any prosecution under this section that an occupant of
the vehicle other than the defendant was in exclusive possession of the
alcoholic beverage.
(g)
The court
shall report to the division every conviction of a violation of this
section. Prior to sentencing under the
provisions of this section, the court shall request and shall receive from the
division a record of all prior convictions obtained against such person for any
violations of any of the motor vehicle laws of this state.
(h)
For the
purpose of determining whether a conviction is a first, second or subsequent
conviction in sentencing under this section:
(1)
Conviction including being convicted of violation of an ordinance of any city, or
resolution of any county, which prohibits the acts that K.S.A. 8-1599, as
amended, prohibits;
(2)
Only convictions occurring in the immediately
preceding five years shall be taken into account, but the court may consider
other prior convictions in determining the sentence to be imposed within the
limits provided for a first, second or subsequent offender, whichever is
applicable; and
(3)
It is
irrelevant whether an offense occurred before or after conviction for a
previous offense. (K.S.A. 8-1599)
Sec. 107. Unattended Motor Vehicle; Ignition; Key and Brakes.
(a)
No person
driving or in charge of a motor vehicle shall permit it to stand unattended
without first stopping the engine, locking the ignition, removing the key from
the ignition and effectively setting the brake thereon and, when standing upon
any grade, turning the front wheels to the curb or side of the highway.
(b)
For the
purpose of this section, unattended shall not be construed to mean a motor
vehicle with an engine that has been activated by a remote starter system, when
the motor vehicle is locked and when the ignition keys are not in the motor vehicle.
(K.S.A. Supp. 8-1573)
Sec. 108. Obstruction of Driver’s View or Driving Mechanism.
(a)
No person
shall drive a vehicle when it is so loaded, or when there are in the front seat
such number of persons, exceeding three as to obstruct the view of the driver
to the front or sides of the vehicle or as to interfere with the driver’s
control over the driving mechanism of the vehicle.
(b)
No passenger
in a vehicle shall ride in such position as to interfere with the driver’s view
ahead or to the sides, or to interfere with his control over the driving
mechanism of the vehicle. (K.S.A. 8-1576)
(a)
The driver of
any motor vehicle when traveling upon a down grade shall not coast with the
gears of such vehicle in neutral.
(b)
The driver of
a truck or bus when traveling upon a down grade shall not coast with the clutch
disengaged. (K.S.A. 8-1580)
Sec. 109.1. Motorized Skateboards. If
shall be unlawful for any person to operate a motorized skateboard on any
street, road or highway in this city.
Sec. 110. Following Fire Apparatus Prohibited. The
driver of any vehicle other than one on official business shall not follow any
fire apparatus traveling in response to a fire alarm closer than 500 feet or
stop such vehicle within 500 feet of any fire apparatus stopped in answer to a
fire alarm. (K.S.A. 8-1581)
Sec. 111. Crossing Fire Hose. No vehicle shall be driven over
any unprotected hose of a fire department when laid down on any street or
private driveway, to be used at any fire or alarm of fire, without the consent
of the fire department official in command. (K.S.A. 8-1582)
Sec. 112. Putting Glass, Etc. on Highway Prohibited.
(a)
No person
shall throw or deposit upon any highway any glass bottle, glass, nails, tacks,
wire, cans or any other substance likely to injure any person, animal or
vehicle upon such highway.
(b)
Any person who
drops, or permits to be dropped or thrown, upon any highway any destructive or
injurious material shall immediately remove the same or cause it to be removed.
(c)
Any person
removing a wrecked or damaged vehicle from a highway shall remove any glass or
other injurious substance dropped upon the highway from such vehicle. (K.S.A. 8-1583)
Sec. 113. Stop When Traffic Obstructed. No
driver shall enter an intersection or a marked crosswalk or drive onto any
railroad grade crossing unless there is sufficient space on the other side of
the intersection, crosswalk or railroad grade crossing the accommodate the
vehicle he is operating without obstructing the passage of other vehicles,
pedestrians or railroad trains notwithstanding any traffic-control indication
to proceed. (K.S.A. 8-1584)
Sec. 114. Snowmobile Operation Limited. No
person shall operate a snowmobile on any controlled-access highway. No person shall operate a snowmobile on any
other highway, except when crossing the highway at a right angle, or when use
of the highway by other motor vehicles is impossible because of snow, or when
such operation is authorized by the governing body. (K.S.A. 8-1585)
Sec. 114.1. Unlawful Operation of All-Terrain
Vehicle.
(a)
Except as
provided in subsection (b) it shall be unlawful for any person to operate an
all-terrain vehicle:
(1)
On any
interstate highway, federal highway or state highway; or
(2)
Within the
corporate limits of any city unless authorized by such city.
(b)
Notwithstanding
the provisions of subsection (a), all-terrain vehicles owned and operated by a
county noxious weed department, or all-terrain vehicles owned and operated by
persons contracting with the county noxious weed department or the Kansas
department of transportation may be allowed to operate such all-terrain
vehicles upon the right-of-way of any federal highway or state highway for the
purpose of eradicating noxious weeds and such all-terrain vehicles may be
operated incidentally upon such federal highway or state highway.
(c)
No all-terrain
vehicle shall be operated on any public highway, street or road between sunset
and sunrise unless equipped with lights as required by law for motorcycles.
(K.S.A. Supp. 8-15, 100)
Sec. 114.2. Unlawful Operation of a Micro
Utility Truck.
REPEALED (SEE CITY ORD 2009-06)
Sec. 114.3. Unlawful Operation of Low-Speed
Vehicle.
REPEALED (SEE CITY ORD 2009-06)
Sec. 114.4. Unlawful Operation of a Golf
Cart.
REPEALED (SEE CITY ORD 2009-06)
Sec. 114.5. Unlawful Operation of a
Work-site Utility Vehicle.
REPEALED (SEE CITY ORD 2009-06)
Sec. 115. Unlawful Riding on Vehicles; Persons 14 Years of Age and
Older.
(a)
It shall be
unlawful for any person 14 years of age or older to ride on any vehicle or upon
any portion thereof not designed or intended for use of passengers when the
vehicle is in motion.
(b)
If shall be
unlawful for the operator of any vehicle to allow any person 14 years of age or
older to ride on any vehicle or upon any portion thereof not designated or
intended for the use of passengers when the vehicle is in motion.
(c)
This section
shall not apply to:
(1)
An employee
engaged in the necessary discharge of the employee’s duty within truck bodies
in space intended for merchandise or cargo; or
(2)
When the vehicle
is being operated in parades, caravans or exhibitions which are officially
authorized or otherwise permitted by law.
Ref.: For Persons Under 14 Years of Age see Sec.
182.2.
Sec. 116. Driving Upon Sidewalk. No person shall drive any
vehicle upon a sidewalk or sidewalk area except upon a permanent or duly
authorized temporary driveway. (K.S.A. 8-1575)
Sec. 117. Limitations on Backing.
(a)
The driver of
vehicle shall not back the same unless such movement can be made with safety
and without interfering with other traffic.
(b)
The driver of
a vehicle shall not back the same upon any shoulder or roadway of any
controlled-access highway. (K.S.A. 8-1574)
Sec. 118. Driving Through or On Private Property to Avoid Traffic
Control Devices. No person shall drive through the property of
a gasoline service station or the service entrance of any public or private
property adjacent to any street intersection to avoid any official traffic
control device or short cut from one street to another.
Sec. 119. Parades and Processions. No funeral procession or parade
of persons or vehicles, excepting the military forces of the United States, the
military forces of the State of Kansas, or the forces of the city police and
fire departments, shall occupy, march or proceed along any highway until the
chief of police shall have been notified by the person or persons in charge
thereof and until the chief shall have made provision for such purpose together
with a police escort if he or she deems such escort necessary.
Sec. 120. Driving through Procession. It shall be unlawful for the
driver of any vehicle to drive between the vehicles comprising a funeral or
other authorized procession while they are in motion provided such vehicles are
conspicuously so designated. This
section shall not apply at intersections where traffic is controlled by
traffic-control devices or police officers.
Sec. 121. Military Forces. The military forces of the
United States and the State of Kansas, while on any authorized duty involving
controlled movement of military convoys, critical supplies or equipment, or
during any national or state emergency, shall not be restricted by traffic
regulations, and shall have the right-of-way on any street or highway through
which they may pass against all except carriers of the United States mail and
other emergency vehicles. (K.S.A. 48-242a)
Sec. 122. Street Barriers. Whenever any street or alley or
part thereof is closed for repair, rebuilding, construction or reconstruction
and suitable warning signs and barricades, which so advise the public, are
erected at all intersections of the closed street or alley with all other
streets and alleys, it shall be unlawful for any person or operator without
authority from the proper official to:
(a)
Destroy or
remove any barricade, warning sigh, light or torch used to close the street or
alley or warn the public of the closing.
(b)
Drive on that
portion of the street or alley that is closed: Provided, however, That nothing
in this section shall be construed as prohibiting the regular authorities of
the city, state and federal government from having free access to the work at
all times.
Sec. 123. Opening and Closing Vehicle Doors. No person shall open the door of a motor
vehicle on the side available to moving traffic unless and until it is reasonably
safe to do so, and can be done without interfering with the movement of other
traffic, nor shall any person leave a door open on the side of a vehicle
available to moving traffic for a period of time longer than necessary to load
or unload passengers. (K.S.A. 8-1577)
Sec. 124. Riding in House Trailer Prohibited. No
person or persons shall occupy a house trailer while it is being moved upon a
public street or highway. (K.S.A. 8-1578)
Sec. 125. Driving Across Lawns, Sidewalks, Yards, Crops, Etc. It
shall be unlawful for any person to drive a motor vehicle upon, across or onto
the lawn, sidewalk, yard, farmland, crops or fences or other real or personal
property of another person, intentionally damaging the same. (K.S.A. 8-1348)
Note: State statute also provides for
district court action for damages and suspension of vehicle registration.
Sec. 126. Removal of Traffic Hazards.
(a)
It shall be
the duty of the owner of real property to remove from such property any tree,
plant, shrub or other obstruction, or part thereof, which, by obstructing the
view of any driver, constitutes a traffic hazard.
(b)
When the
governing body determines upon the basis of an engineering and traffic
investigation that such a traffic hazard exists, it shall notify the owner and order
that the hazard be removed within 10 days.
(c)
The failure of
the owner to remove such traffic hazard within 10 days shall constitute an
offense punishable by a penalty of $10 and every day said owner shall fail to
remove it shall be a separate and distinct offense. (K.S.A. 8-2011)
Article 15. Operation of Bicycles, Motorized
Bicycles, Low Power Cycles and Play Vehicles
Sec. 127. Effect of Regulations.
(a)
Violation of
any provision of Sections 128 to 133, inclusive, is a traffic infraction.
(b)
The parent of any
child and the guardian of any ward shall not authorize or knowingly permit any
such child or ward to violate any of the provisions of Sections 128 to 133,
inclusive.
(c)
The provisions
of Sections 128 to 133, inclusive, which are applicable to bicycles shall apply
whenever a bicycle is operated upon any highway or upon any path set aside for
the exclusive use of bicycles, subject to those exceptions stated herein.
(K.S.A. 8-1586)
Sec. 128. Traffic Laws Apply to Persons Riding Bicycles.
Every person riding a bicycle upon a roadway shall be granted all of the
rights and shall be subject to all of the duties applicable to the driver of a
vehicle by this ordinance, except as otherwise provided in sections 127 to 133,
inclusive, of this article and except as to those provisions of this ordinance
which by their nature can have no application. (K.S.A. 8-1587)
Sec. 129. Riding on Bicycles; Seats; Riders Limited.
(a)
A person
propelling a bicycle shall not ride other than upon or astride a permanent and
regular seat attached thereto.
(b)
No bicycle
shall be used to carry more persons at one time than the number for which it is
designed and equipped. (K.S.A. 8-1588)
Sec. 130. Clinging to Vehicles. No person riding upon any
bicycle, coaster, roller skates, sled or toy vehicle shall attach the same,
himself or herself to any vehicle upon a roadway. (K.S.A. 8-1589)
Sec. 131. Riding on Roadways and Bicycle Paths.
(a)
Every person
operating a bicycle or a moped upon a roadway at less than the normal speed of
traffic at the time and place and under the conditions then existing shall ride
as near to the right side of the roadway as practicable, except under any of
the following situations when:
(1)
Overtaking and
passing another bicycle or vehicle proceeding in the same direction;
(2)
Preparing for
a left turn at an intersection or into a private road or driveway; or
(3)
Reasonably
necessary to avoid conditions including, but not limited to, fixed or moving
objects, parked or moving bicycles, bicycles, pedestrians, animals, surface
hazards or narrow width lanes that make it unsafe to continue along the right
hand edge of the roadway.
(b)
Any person
operating a bicycle or a moped upon a one-way highway with two or more marked
traffic lanes may ride as near to the left side of the roadway as practicable.
(c)
Persons riding
bicycles upon a roadway shall not ride more than two abreast except on paths or
parts of roadways set aside for the exclusive use of bicycles.
(d)
Whenever a
usable path for bicycles has been provided adjacent to a roadway, bicycle
riders shall use such path and shall not use the roadway. (K.S.A. 8-1590)
Sec. 132. Carrying Articles. No person operating a bicycle
shall carry any package, bundle or article which prevents the driver from
keeping at least one hand upon the handlebars. (K.S.A. 8-1591)
Sec. 133. Lamps and Other Equipment on Bicycles.
(a)
Every bicycle
when in use at nighttime shall be equipped with a lamp on the front which shall
emit a white light visible from a distance of at least 500 feet to the front
and with a red reflector on the rear of a type approved by the division which
shall be visible from all distances from 100 feet to 600 feet to the rear when
directly in from of lawful lower beams of head lamps on a motor vehicle. A lamp emitting a red light visible from a
distance of 500 feet to the rear may be used in addition to the red reflector.
(b)
Every bicycle
shall be quipped with a brake which will enable the operator to make the braked
wheels skid on dry, level, clean pavement.
(c)
No person
shall sell a new bicycle or pedal for use on a bicycle that is not equipped
with a reflector of a type approved by the commission, on each pedal of such
bicycle which is visible from the front and rear of the bicycle during darkness
from a distance of 200 feet. (K.S.A. 8-1592)
Sec. 134. Application of Sec. 127 to Sec. 133 to Motorized Bicycles. The
provisions of Sections 127 to 133, inclusive, shall be applicable to motorized
bicycles, and every person operating a motorized bicycle shall be subject to
the provisions thereof. (K.S.A. 8-1592a)
Sec. 135. Electric-Assisted Bicycles, Traffic Law Application.
Vehicle registration and driver’s license shall not be required for
operation of an electric-assisted bicycle.
Traffic regulations applicable to bicycles shall apply to electric-assisted
bicycles, except tricycles with no brake horsepower. (K.S.A. 8-1592b)
Sec. 136. Use of Coasters, Roller Skates and Similar Devices Restricted. No
person upon roller skates, or riding in or by means of any coaster, toy
vehicle, or similar device, shall go upon any roadway except while crossing a
street at a crosswalk and except upon streets set aside as play streets.
Ref.:
Sec. 20. Play Streets.
Article 16. Special Rules for Motorcycles
Sec. 137. Traffic Laws Apply to Persons Operating Motorcycles.
Every person operating a motorcycle shall be granted all of the rights
and shall be subject to all of the duties applicable to the driver of any other
vehicle under this ordinance, except as provided in Section 138 to 142,
inclusive, and except as to those provisions of this ordinance which by their
nature can have no application. (K.S.A. 8-1593)
Sec. 138. Riding on Motorcycles.
(a)
A person
operating a motorcycle shall ride only upon the permanent and regular seat
attached thereto, and such operator shall not carry any other person nor shall
any other person ride on a motorcycle unless such motorcycle is designed to
carry more than one person, in which event a passenger may ride upon the
permanent and regular seat if designed for two persons, or upon another seat firmly
attached to the motorcycle at the rear or side of the operator.
(b)
A person shall
ride upon a motorcycle only while sitting astride the seat, facing forward,
with one leg on each side of the motorcycle.
(c)
No person
shall operate a motorcycle while carrying any package, bundle or other article
which prevents him from keeping both hands on the handlebars.
(d)
No operator
shall carry any person, nor shall any person ride, in a position that will
interfere with the operation or control of the motorcycle or the view of the
operator. (K.S.A. 8-1594)
Sec. 139. Operating Motorcycles on Roadways Laned for Traffic.
(a)
All
motorcycles are entitled to full use of a lane and no motor vehicle shall be
driven in such a manner as to deprive any motorcycle of the full use of a lane. This subsection shall not apply to
motorcycles operated two abreast in a single lane.
(b)
The operator
of a motorcycle shall not overtake and pass in the same lane occupied by the
vehicle being overtaken.
(c)
No person
shall operate a motorcycle between lanes of traffic or between adjacent lines
or rows of vehicles.
(d)
Motorcycles
shall not be operated more than two abreast in a single lane.
(e)
Subsections
(b) and (c) shall not apply to police officers in the performance of their
official duties. (K.S.A. 8-1595)
Sec. 140. Clinging to Other Vehicles. No person riding upon a
motorcycle shall attach himself or the motorcycle to any other vehicle on a
roadway. (K.S.A. 8-1596)
Sec. 141. Motorcycle Seat and Footrests. A
motorcycle carrying a passenger, other than in a sidecar or enclosed cab, shall
be equipped with a seat and footrests for such passenger. (K.S.A. Supp. 8-1597)
Sec. 142. Equipment for Motorcycle Operator or Rider.
(a)
No person
under the age of 18 years shall operate or ride upon a motorcycle or a motorized
bicycle unless wearing a helmet which complies with minimum guidelines
established by the National Highway Traffic Safety Administration pursuant to
the National Traffic and Motor Vehicle Safety Act of 1966 for helmets designed
for use by motorcyclists and other motor vehicle users.
(b)
No person
shall operate a motorcycle unless he or she is wearing an eye-protective device
which shall consist of protective glasses, goggles or transparent face shields
which are shatter proof and impact resistant, except when the motorcycle is
equipped with a windscreen which has a minimum height of 10 inches measured
from the center of the handlebars.
(c)
This section
shall not apply to persons riding within an enclosed cab or on a golf cart, nor
shall it apply to any person operating or riding any industrial or cargo-type vehicle
having three wheels and commonly knows as a truckster. (K.S.A. 8-1598)
Ref.:
Motorcycle Equipment, Article 18.
Article 17. Lights, Brakes, Horns and Other Equipment
Sec. 143. Scope and Effect of Regulations.
(a)
It is unlawful
for any person to drive or move, or for the owner to cause or knowingly permit
to be driven or moved on any highway, any vehicle or combination of vehicles
which does not contain those parts or is not at all times equipped with such
lamps and other equipment in proper condition and adjustment as required in
this article, or which is equipped in any manner in violation of any section of
this article, or for any person to do any act forbidden or fail to perform any
act required by any provision of any section of this article.
(b)
Nothing
contained in this article shall be construed to prohibit the use of additional
parts and accessories on any vehicle not inconsistent with the provisions of
this article.
(c)
The provisions
of this article with respect to equipment required on vehicles shall not apply
to implements of husbandry, road machinery, road rollers or farm tractors
except as specifically made applicable in this article.
(d)
The provisions
of this article with respect to equipment required on vehicles shall not apply
to motorcycles or motor-driven cycles, except as specifically made applicable
by law.
(e)
A low-speed
vehicle which is in compliance with the equipment requirements in 49 C.F.R.
571.500 shall be deemed to be in compliance with this ordinance. (K.S.A.
8-1701)
Sec. 144. When Lighted Lamps Required; Visibility Distance and Mounted
Height of Lamps.
(a)
Every vehicle,
except as provided in subsection (b), upon a highway within this state, at all
times shall display lighted head and other lamps and illuminating devices as
required for different classes of vehicles, subject to exceptions with respect
to parked vehicles:
(1)
From sunset to
sunrise;
(2)
When due to
insufficient light or unfavorable atmospheric conditions, including smoke or
fog, persons and vehicles on the highway are not clearly discernible at a
distance of 1,000 feet ahead; or
(3)
When
windshield wipers are in continuous use as a result of rain, sleet, or snow.
Stop lights, turn signals, and other
signaling devices shall be lighted as prescribed for the use of such devices.
(b)
Motorcycles,
motor-driven cycles and motorized bicycles manufactured after January 1, 1978,
shall display lighted head and tail lights at all times that such vehicles are
operated on any highway.
(c)
Law
enforcement officers shall issue a warning citation to anyone violating
subsection (a) (3). (K.S.A. Supp. 8-1703)
Sec. 145. Visibility Distance and Mounted Height of Lamps.
(a)
Whenever any
requirement is declared in this article as to the distance from which certain
lamps and devices shall render objects visible or within such lamps or devices
shall be visible, said provisions shall apply, during the times stated in
Section 144, in respect to a vehicle without load upon a straight, level,
unlighted highway under normal atmospheric conditions unless a different time
or condition is expressly stated.
(b)
Whenever any
requirement is declared in this article as to the mounted height of lamps or
devices, it shall mean from the center of such lamp or device to the level
ground upon which the vehicle stands when such vehicle is without a load.
(K.S.A. 8-1704)
Ref.: Vehicles Parked at Night, see Sec. 157.
Sec. 146. Head Lamps on Motor Vehicles.
(a)
Every motor
vehicle shall be equipped with at least two head lamps with at least one of
each side of the front of the motor vehicle, which head lamps shall comply with
the requirements and limitations set forth in this article.
(b)
Every head
lamp upon every motor vehicle manufactured or assembled after July 1, 1959,
shall be located at a height of not more than 54 inches nor less than 24 inches
to be measured as set forth in subsection (b) of Section 145. (K.S.A. 8-1705)
(a)
Every motor
vehicle, trailer, semitrailer and pole trailer, and any other vehicle which is
being drawn at the end of a combination of vehicles, shall be equipped with at
least two tail lamps mounted on the rear, which, when lighted as required in
Section 144, shall emit a red light plainly visible from a distance of 1,000
feet to the rear, except that passenger cars manufactured or assembled prior to
July 1, 1959, shall have at least one tail lamp. On a combination of vehicles, only the tail
lamps on the rearmost vehicle need actually be seen from the distance
specified. On vehicles equipped with
more than one tail lamp, the lamps shall be mounted on the same level and as
widely spaced laterally as practicable.
(b)
Every tail
lamp upon every vehicle shall be located at a height of not more than 72 inches
nor less than 15 inches.
(c)
Either a tail
lamp or a separate lamp shall be so constructed and placed as to illuminate
with a white light the rear registration plate and render is clearly legible
from a distance of 50 feet to the rear.
Any tail lamp or tail lamps, together with any separate lamp for
illuminating the rear registration plate, shall be so wired as to be lighted
whenever head lamps or auxiliary driving lamps are lighted. (K.S.A. 8-1706)
(a)
Every motor
vehicle, trailer, semitrailer and pole trailer shall carry on the rear, either
as part of the tail lamps or separately, two or more red reflectors meeting the
requirements of this section: provided, that vehicles of the types mentioned in
Section 151 shall be equipped with reflectors meeting the requirements of
subsection (a) of Section 153 and subsection (a) of Section 154.
(b)
Every such
reflector shall be mounted on the vehicle at a height not less than 15 inches
nor more than 60 inches, measured as set forth in subsection (b) of Section 145
and shall be of such size and characteristics and so mounted as to be visible
at night from all distances within 600 feet to 100 feet from such vehicle when
directly in front of lawful lower beams of head lamps, except that reflectors
on vehicles manufactured or assembled prior to January 1, 1970, shall be visible
at night from all distances within 350 feet to 100 feet when directly in front
of lawful upper beams of head lamps. (K.S.A. 8-1707)
Sec. 149. Stop Lamps and Turn Signals.
(a)
Every motor
vehicle, trailer, semitrailer and pole trailer shall be equipped with two or
more stop lamps meeting the requirements of subsection (a) of Section 161,
except that passenger cars manufactured or assembled prior to January 1, 1953,
shall be equipped with at least one stop lamp.
On a combination of vehicles, only the stop lamps on the rearmost
vehicle need actually be seen from the distance specified in subsection (a) of
Section 161.
(b)
Every motor
vehicle, trailer, semitrailer and pole trailer shall be equipped with electric
turn signal lamps meeting the requirements of subsection (b) of Section 161,
except that passenger cars and trucks less than 80 inches in width,
manufactured or assembled prior to January 1, 1953 and vehicles registered
under K.S.A. 8-194, need not be equipped with electric turn signal lamps.
(K.S.A. 8-1708)
Sec. 150. Application of Succeeding Sections.
Sections 151 to 155, inclusive, relating to clearance lamps, marker
lamps and reflectors, shall apply as stated in said sections to vehicles of the
type therein enumerated, namely buses, trucks, truck-tractors, motor homes,
motor vehicles with mounted truck-campers, and trailers, semitrailers and pole
trailers, respectively, when operated upon any highway, and said vehicle shall
be equipped as required and all lamp equipment required shall be lighted at the
times mentioned in Section 144. For
purposes of this sections enumerated above, a truck-camper, when mounted upon a
motor vehicle, shall be considered part of the permanent structure of that
motor vehicle. (K.S.A. 8-1709)
Sec. 151. Additional Equipment Required on Certain Vehicles. In
addition to other equipment required by this ordinance, the following vehicles
shall be equipped as herein stated.
(a)
Buses, trucks,
motor homes, and motor vehicles with mounted truck-camper, 80 inches or more
overall width:
(1)
On the front,
two clearance lamps, one at each side, and on vehicles manufactured or
assembled after July 1, 1959, three identification lamps meeting the
specifications of subsection (g).
(2)
On the rear,
two clearance lamps, one at each side, and on vehicles manufactured or
assembled after July 1, 1959, three identification lamps meeting the
specifications of subsection (g).
(3)
On each side,
two side marker lamps, one at or near the front and one at or near the rear.
(4)
On each side,
two reflectors, one at or near the front and one at or near the rear.
(b)
Trailers and
semitrailers 80 inches or more in overall width, except boat trailers and house
trailers for which special permits are required for movement:
(1)
On the front,
two clearance lamps, one at each side.
(2)
One the rear,
two clearance lamps, one at each side, and on vehicles manufactured or
assembled after July 1, 1959, three identification lamps meeting the
specifications of subsection (g).
(3)
On each side,
two side marker lamps, one at or near the front and one at or near the rear.
(c)
Trailers and
semitrailers, except boat trailers and house trailers for which special permits
are required pursuant to K.S.A. 8-1911, and amendments thereto, for movement of
such house trailers upon the highways of this state:
On each side, two reflectors, one at or near
the front and one at or near the rear.
(d)
Truck-tractors:
On the front, two cab clearance lamps, one at each side, and on vehicles
manufactured or assembled after July 1, 1959, three identification lamps
meeting the specifications of subsection (g).
(e)
Trailers,
semitrailers and pole trailers 30 feet or more in overall length:
On each side, one amber side marker lamp and
one amber reflector, centrally located with respect to the length of the
vehicle.
(f)
Pole trailers:
(1)
On each side,
one amber marker lamp at or near the front of the load.
(2)
One amber
reflector at or near the front of the load
(3)
On the
rearmost support for the load, one combination marker lamp showing amber to the
front and red to the rear and side, mounted to indicate maximum width of the
pole trailer.
(g)
Whenever
required or permitted by this article, identification lamps shall be grouped in
a horizontal row, with lamp centers spaced not less than six nor more than 12
inches apart, and mounted on the permanent structure of the vehicle as close as
practicable to the vertical center line: provided, that where the cab of a
vehicle is not more than 42 inches wide at the front roof line, a single
identification lamp at the center of the cab shall be deemed to comply with the
requirements for front identification lamps.
(h)
Boat trailers
80 inches or more in overall width:
(1)
On each side,
at or near the midpoint, one clearance lamp performing the function of both a
front and rear clearance lamp.
(2)
On each side,
two side marker lamps, one at or near the front and one at or near the rear.
(3)
On each side,
two reflectors, one at or near the front and one at or near the rear. (K.S.A.
8-1710)
Ref.: Secs. 153, 154.
Sec. 152. Color of Clearance Lamps, Identification Lamps, Side Marker
Lamps, Backup Lamps and Reflectors.
(a)
Front
clearance lamps, identification lamps and those marker lamps and reflectors
mounted on the front or on the side near the front of a vehicle shall display
or reflect an amber color.
(b)
Rear clearance
lamps, identification lamps and those marker lamps and reflectors mounted on
the rear or on the sides near the rear of a vehicle shall display or reflect a
red color. (K.S.A. 8-1711)
Sec. 153. Mounting of Reflectors, Clearance Lamps and Side Marker Lamps.
(a)
Reflectors
when required by Section 151 shall be mounted at a height not less than 24
inches and not more than 60 inches above the ground on which the vehicle
stands, except that if the highest part of the permanent structure of the
vehicle is less than 24 inches the reflector at such point shall be mounted as
high as that part of the permanent structure will permit.
The rear reflectors on a pole trailer may be
mounted on each side of the bolster or load.
Any required red reflector on the rear of a
vehicle may be incorporated with the tail lamp, but such reflector shall meet
the other reflector requirements of this article.
(b)
Clearance
lamps, so far as is practicable, shall be mounted on the permanent structure of
the vehicle in such a manner as to indicate the extreme height and width of the
vehicle, except that when rear identification lamps are required and are
mounted as high as is practicable, rear clearance lamps may be mounted at
optional height and when the mounting of front clearance lamps results in such
lamps failing to indicate the extreme width of the trailer, such lamps may be
mounted at optional height but must indicate, as near as practicable, the
extreme width of the trailer. Clearance
lamps on truck-tractors shall be located so as to indicate the extreme width of
the truck-tractor cab. Clearance lamps
and side marker lamps may be mounted in combination if illumination is given as
required herein with reference to both. (K.S.A. 8-1712)
Ref.: Sec 151.
Sec. 154. Visibility of Reflectors, Clearance Lamps, and Marker Lamps.
(a)
Every
reflector upon any vehicle referred to in Section 151 shall be of such size and
characteristics and so maintained as to be readily visible at nighttime from
all distances within 600 feet to 100 feet from the vehicle when directly in
front of lawful lower beams of head lamps, except that the visibility of
reflectors on vehicles manufactured or assembled prior to January 1, 1970,
shall be measured in front of lawful upper beams of head lamps, Reflectors required to be mounted on the
sides of vehicle shall reflect the required color of light to the sides, and
those mounted on the rear shall reflect a red color to the rear.
(b)
Front and rear
clearance lamps shall be capable of being seen and distinguished under normal
atmospheric conditions at the time lights are required at all distances between
500 feet and 50 feet from the front and rear, respectively, of the vehicle.
(c)
Side marker
lamps shall be capable of being seen and distinguished under normal atmospheric
conditions at the times lights are required at all distances between 500 feet
and 50 feet from the side of the vehicle on which mounted. (K.S.A. 8-1713)
Sec. 155. Obstructed Lights Not Required.
Whenever motor and other vehicles are operated in combination during the
time that lights are required, any lamp (except tail lamps) need not be lighted
which, by reason of its location on a vehicle of the combination, would be
obscured by another vehicle of the combination, but this shall not affect the
requirement that lighted clearance lamps be displayed on the front of the
foremost vehicles required to have clearance lamps, nor that all lights
required on the rear of the rearmost vehicle of any combination shall be
lighted. (K.S.A. 8-1714)
Sec. 156. Lamps or Flags on Projecting Loads.
(a)
Whenever the
load upon any vehicle extends more than six inches beyond the sides or four
feet or more beyond the rear of the bed or body of such vehicle, there shall be
displayed at the extreme rear end of the load, at the times specified in
section 144, two red lamps visible from a distance of at least 500 feet to the
rear, two red reflectors visible at night from all distances within 600 feet to
100 feet to the rear when directly in front of lawful lower beams of head lamps
and located so as to indicate maximum width, and on each side one red lamp
visible from a distance of at least 500 feet to the side and located so as to
indicate maximum overhang. There shall
be displayed at all other times on any vehicle having a load which extends
beyond its sides or more than four feet beyond its rear, red flags, not less
than 12 inches square, marking the extremities of such load, at each point
where a lamp would otherwise be required by this section.
(b)
No passenger
type vehicle shall be operated on any highway with any load carried thereon
extending beyond the line of the fenders of the left side of such vehicle nor
extending more than six inches beyond the line of the fenders on the right side
thereof. (K.S.A. 8-17515)
Sec. 157. Lamps on Parked Vehicles.
(a)
Every vehicle
shall be equipped with one or more lamps which, when lighted, shall display a
white or amber light visible from a distance of 1,000 feet to the front of the
vehicle, and a red light visible from the distance of 1,000 feet to the rear of
the vehicle. The location of said lamp
or lamps always shall be such that at least one lamp or combination of lamps
meeting the requirements of this section is installed as near as practicable to
the side of the vehicle which is closet to passing traffic.
(b)
Whenever a
vehicle is lawfully parked upon a street or highway during the hours between a
half hour after sunset and a half hour before sunrise, and in the event there
is sufficient light to reveal persons and vehicles within a distance of 1,000
feet upon such street or highway, no lights need be displayed upon such parked
vehicle.
(c)
Whenever a
vehicle is parked or stopped upon a roadway or shoulder adjacent thereto,
whether attended or unattended, during the hours between a half hour after
sunset and a half hour before sunrise and there is insufficient light to reveal
any person or object with a distance of 1,000 feet upon such highway, such
vehicle so parked or stopped shall be equipped with and shall display lamps
meeting the requirements of subsection (a).
(d)
Any lighted
head lamps upon a parked vehicle shall be depressed or dimmed. (K.S.A.
8-1715:8-1716)
Sec. 158. Lamps on Other Vehicles and Equipment.
Every vehicle, including animal-drawn vehicles and vehicles referred to
in subsection (c) of Section 143, not specifically required by the provisions
of other sections in this article to be equipped with lamps or other lighting
devices, shall be equipped, at all times specified in Section 144, with at
least one lamp displaying a white light visible from a distance of not less
than 1,000 feet to the front of said vehicle, and also shall be equipped with
two lamps displaying red lights visible from a distance of not less than 1,000
feet to the rear, or as an alternative, one lamp displaying a red light visible
from a distant of not less than 1,000 feet to the rear and two red reflectors
visible from all distances of 600 to 100 feet to the rear when illuminated by
the lawful lower beams of head lamps. (K.S.A. 8-1718)
Sec. 159. Spot Lamps and Auxiliary Lamps.
(a)
Spot Lamps. Any
motor vehicle may be equipped with not to exceed two spot lamps. Every lighted spot lamp emitting a white
light shall be so aimed and used that no part of the high-intensity portion of
the beam will strike the windshield or any windows, mirror or occupant of
another vehicle in motion. The
limitations of this subsection shall not apply to a police vehicle used as an
authorized emergency vehicle.
(b)
Fog Lamps. Any motor vehicle may be
equipped with not to exceed two fog lamps mounted on the front at a height not
less than 12 inches nor more than 30 inches above the level surface upon which
the vehicle stands, and so aimed that when the vehicle is not loaded none of
the high-intensity portion of the light to the left of the center of the
vehicle shall at a distance of 25 feet ahead project higher than a level of
four inches below the level of the center of the lamp from which it comes. Lighted fog lamps meeting the above
requirements may be used with lower had lamp beams as specified in subsection
(a) (2) of Section 164 of this ordinance.
(c)
Auxiliary Passing Lamps. Any
motor vehicle may be equipped with not to exceed two auxiliary passing lamps
mounted on the front at a height not less than 24 inches nor more than 42
inches above the level surface upon which the vehicle stands. The provision of Section 164 shall apply to
any combination of head lamps and auxiliary passing lamps.
(d)
Auxiliary Driving Lamps. Any
motor vehicle may be equipped with not to exceed two auxiliary driving lamps
mounted on the front at a height not less than 16 inches nor more than 42
inches above the level surface upon which the vehicle stands. The provisions of Section 164 shall apply to
any combination of head lamps and auxiliary driving lamps. (K.S.A. 8-1719)
Sec. 160. Authorized Emergency Vehicles.
(a)
Except as
provided in subsection (b), every authorized emergency vehicle, in addition to
any other equipment required by this ordinance, shall be equipped with signal
lamps mounted as high and as widely spaced laterally as practicable, which
shall be capable of displaying to the front two alternately flashing red lights
located at the same level and to the rear to alternately flashing red lights
located at the same level, or in lieu thereof, any such authorized emergency
vehicle shall be equipped with at least one rotating or oscillating light,
which shall be mounted as high as practicable on such vehicle and which shall
display to the front and rear of such vehicle a flashing red light or alternate
flashes of red and white lights or red and blue lights in combination. All lights required or authorized by this
subsection shall have sufficient intensity to be visible at 500 feet in normal
sunlight. Every authorized emergency vehicle may, but need not, be equipped with
head lamps which alternatively flash or simultaneously flash.
(b)
A police
vehicle when used as an authorized emergency vehicle may, but need not, be
equipped with:
(1)
Head lamps
which alternately flash or simultaneously flash;
(2)
Flashing
lights specified in subsection (a), but any flashing lights, used on a police
vehicle, other than the flashing lights specified in Section 162, rotating or
oscillating lights or alternately flashing head lamps or simultaneously
flashing head lamps, shall be red in color; or
(3)
Rotating or
oscillating lights, which may display a flashing red light or alternate flashes
of red and blue lights in combination.
(c)
A person,
partnership, association, corporation, municipality of public official shall
not operate, or cause to be operated upon a public highway, road or street
within this city, a motor vehicle with a red light, siren or both unless the
vehicle has be designated as an authorized emergency vehicle pursuant to K.S.A.
8-2010, amendments thereto. (K.S.A. Supp. 8-1720; K.S.A. 8-2010b)
Sec. 161. Signal Lamps and Signal Devices.
(a)
Any vehicle
may be equipped and when required under this ordinance shall be equipped with a
stop lamp or stop lamps on the rear of the vehicle which shall display a red or
amber light, or any shade of color between red and amber, visible from a distance
of not less than 300 feet to the rear in normal sunlight, and which shall be
actuated upon application of the service or foot brake, and which may but need
not be incorporated with one or more other rear lamps.
(b)
Any vehicle
may be equipped and when required under this ordinance shall be equipped with
electric turn signals which shall indicate an intention to turn by flashing
lights showing to the front and rear of a vehicle or on a combination of
vehicles on the side of the vehicle or combination toward which the turn is to
be made. The lamps showing to the front
shall be mounted on the same level and as widely spaced laterally as
practicable and, when signaling, shall emit amber light: Provided, that on any vehicle manufactured
prior to July 1, 1973, the lamps showing to the front may emit white or amber
light, or any shade of the light between white and amber. The lamps showing to the rear shall be
mounted on the same level and as widely spaced laterally as practicable and,
when signaling, shall emit a red or amber light or any shad of color between
red and amber. Turn signal lamps shall be visible from a distance of not less
than 500 feet to the front and rear in normal sunlight. Turn signal lamps may but need not be
incorporated in other lamps on the vehicle. (K.S.A. 8-1721)
Sec. 162. Vehicular Hazard Warning Lights.
(a)
Any vehicle
may be equipped with lamps for the purpose of warning the operators of other
vehicles of the presence of a vehicular traffic hazard requiring the exercise
of unusual care in approaching, overtaking or passing.
(b)
Every bus,
truck, truck-tractor, trailer, semi-trailer or pole trailer 80 inches or more
in overall width or 30 feet or more in overall length shall be equipped with
lamps meeting the requirements of this section.
(c)
Vehicular
hazard warning signal lamps used to display such warning to the front shall be
mounted at the same level and as widely spaced laterally as practicable, and
shall display simultaneously flashing amber light. On any vehicle manufactured prior to January
1, 1969, the lamps showing to the front may display simultaneously flashing
white or amber lights, or any shade of color between white and amber. The lamps used to display such warning to the
rear shall be mounted at the same level and as widely spaced laterally as
practicable, and shall show simultaneously flashing amber or red lights, or any
shade of color between amber and red.
Such warning lights shall be visible from a distance of not less than
500 feet in normal sunlight.
(d)
Any police
vehicle, when used as an authorized emergency vehicle, may be equipped with
warning lamps mounted as widely spaced laterally as practicable either inside
such vehicle in front of the rear window or on the roof of such vehicle and
capable of displaying two alternately flashing amber lights to the rear of such
vehicle. Such warning lamps may be used
in lieu of or in combination with any other vehicular hazard warning signal
lamps used to display such warning to the rear, and shall be visible from a
distance of not less than 500 feet in normal sunlight.
(e)
Every truck
designed and used for collection and disposal of domestic or commercial waste
or trash shall be equipped as provided in subsection (c) and shall operate such
lamps when collecting or transporting waste or trash and traveling 15 miles per
hour or less. (K.S.A. 8-1722)
Sec. 163. Additional Lighting Equipment.
(a)
Any motor
vehicle may be equipped with not more than two side cowl or fender lamps which
shall emit an amber or white light without glare.
(b)
Any motor
vehicle may be equipped with not more than one running board courtesy lamp on
each side which shall emit a white or amber light without glare.
(c)
Any motor
vehicle may be equipped with or more backup lamps, either separately or in
combination with other lamps, but any such backup lamp or lamps shall not be
lighted when the motor vehicle is in forward motion.
(d)
Any vehicle 80
inches or more in overall width, if not otherwise required by Section 151 may
be equipped with not more than three identification lamps showing to the front
which shall emit an amber light without glare, and not more than three
identification lamps showing to the rear which shall emit a red light without
glare. Such lamps shall be mounted as
specified in subsection (g) of Section 151.
(e)
Any vehicle may
be equipped with one or more side marker lamps and any such lamp may be
flashing in conjunction with turn or vehicular hazard warning signals. Side marker lamps located toward the front of
a vehicle shall be amber and side marker lamps located toward the rear shall be
red.
(f)
Any motor
vehicle may be equipped with neon ground effect lighting, except that such
lighting shall not flash, be any shade of red nor shall any portion of the neon
tubes be visible. Neon ground effect lighting means neon tubes placed underneath the
motor vehicle for the purpose of illuminating the ground below the motor
vehicle creating a halo light effect.
(g)
Any motor
vehicle may be equipped with head lamps which alternately flash or
simultaneously flash when such motor vehicle is being used as the lead motor
vehicle of a funeral procession. A
funeral hearse may serve as a funeral lead vehicle. (K.S.A. Supp. 8-1723)
Sec. 164. Multiple-Beam Road-Lighting Equipment.
(a)
Except as
hereinafter provided, the head lamps, or the auxiliary driving lamps or the
auxiliary passing lamp or combination thereof, on motor vehicles other than
motorcycles shall be so arranged that the driver may select at will between
distribution of light projected to different elevations, and such lamps may, in
addition, be so arranged that such selection can be made automatically, subject
to the following limitations:
(1)
There shall be
an uppermost distribution of light or composite beam, so aimed and of such
intensity as to reveal persons and vehicles at a distance of at least 450 feet
ahead for all conditions of loading.
(2)
There shall be
a lowermost distribution of light, or composite beam, so aimed and of
sufficient intensity to reveal persons and vehicles at a distance of at least
150 feet ahead; and on a straight level road under any condition of loading
none of the high-intensity portion of the beam shall be directed to strike the
eyes of an approaching driver.
(b)
Every new
motor vehicle registered in this state which has multiple-beam road-lighting
equipment shall be equipped with a beam indicator, which shall be lighted
whenever the uppermost distribution of light from the head lamps in use, and
shall not otherwise be lighted. Said
indicator shall be so designed and located that when lighted it will be readily
visible without glare to the driver of the vehicle so equipped. (K.S.A. 8-1724)
Sec. 165. Use of
(a)
When the
driver of vehicle approaches an oncoming vehicle within 500 feet, such driver
shall use a distribution of light, or composite beam, so aimed that the glaring
rays are not projected into the eyes of the oncoming driver. The lowermost distribution of light, or
composite beam, specified in subsection (a) (2) of Section 164 or subsection
(b) of Section 187, shall be dimmed to avoid glare at all times, regardless of
road contour and loading.
(b)
When the
driver of a vehicle approaches another vehicle from the rear, within 300 feet,
except when engaged in the act of overtaking and passing, such drive shall use
a distribution of light permissible under this article other than the uppermost
distribution of light specified in subsection (a) (1) of Section 164 or
subsection (b) of Section 187.
(c)
The
requirements in subsections (a) and (b) shall not apply to:
(1)
Authorized
emergency vehicles displaying alternately flashing or simultaneously flashing
head lamps as provided in Section 160; or
(2)
School buses
displaying alternately flashing or simultaneously flashing head lamps as
provided in Section 170. (K.S.A. 8-1725)
Sec. 166. Single-beam Road-lighting Equipment Permitted on Certain
Vehicles. Head lamp system which provide only a single
distribution of light shall be permitted on all farm tractors, regardless of
date of manufacture, and on other motor vehicles manufactured and sold prior to
July 1, 1938, in lieu of multiple-beam road-lighting equipment herein
specified, if the single distribution of light complies with the following
requirements and limitations:
(a)
The head lamps
shall be so aimed that when the vehicle is not loaded none of the high
intensity portion of the light at a distance of 25 feet ahead shall project
higher than a level of five inches below the level of the center of the lamp
which it comes, and in no case higher than 42 inches above the level on which
the vehicle stands at a distance of 75 feet head.
(b)
The intensity
shall be sufficient to reveal persons and vehicles at a distance of at least
200 feet. (K.S.A. 8-1726)
Sec. 167. Alternate Road-lighting Equipment on Certain Vehicles;
Limitations on Speed. Any motor vehicle may be operated under the
conditions specified in Sec. 144 when equipped with two lighted lamps upon the
front thereof capable of revealing persons and vehicles 100 feet ahead in lieu
of lamps required in Sec. 164 or Sec. 166: Provided, That at no time shall it
be operated at a speed in excess of 25 miles per hour. (K.S.A. 8-1727)
Sec. 168. Number of Driving Lamps Required or Permitted.
(a)
At all times
specified in Section 144 of this ordinance, at least two lighted head lamps
shall be displayed, one on each side at the front of every motor vehicle except
when such vehicle is parked subject to the regulations governing lights on
parked vehicles.
(b)
Whenever a
motor vehicle equipped with head lamps as herein required is also equipped with
any auxiliary lamps or a spot lamp or any other lamp on the front thereof
projecting a beam of an intensity greater than 300 candlepower, not more than a
total of four of any such lamps on the front of a vehicle shall be lighted at
any one time when upon a highway. (K.S.A. 8-1728)
Sec. 169. Special Restrictions on Lamps.
(a)
During the
time specified in Section 144 any lighted lamps or illuminating device upon a
motor vehicle other than head lamps, spot lamps, auxiliary lamps, flashing turn
signals, and school bus warning lamps which project a beam of light of an
intensity greater than 300 candlepower shall be so directed that no part of the
high intensity portion of the beam will strike the level of the roadway on
which the vehicle stands at a distance of more than 75 feet from the vehicle.
(b)
Except as
required or permitted in Sections 160 and 170, no person shall drive or move
any vehicle or equipment upon any highway with any lamp or device capable of
displaying red light visible from directly in front of the center thereof, nor
shall any vehicle or equipment upon any highway have any lamp or device
displaying any color of light visible from directly in front of the center
thereof except white or amber or any shade of color between white and amber.
(c)
Flashing
lights are prohibited except as authorized or required in Sections 160, 161,
163, 170, and 172.
(d)
The flashing
lights described in Sections 160 and 170 shall not be used on any vehicle other
than a school bus, church bus or day program bus as defined in Section 171, or
an authorized emergency vehicle.
(e)
All lighting
devices and reflectors mounted on the rear of any vehicle shall display or
reflect a red color, except the stop light or other signal device, which may be
red, amber or yellow, and except that the light illuminating the license plate
shall be white and the light emitted by a backup lamp shall be white or amber.
(K.S.A. Supp. 8-1729)
(a)
Every school
bus, in addition to any other equipment and distinctive markings required by
this ordinance shall be equipped with signal lamps mounted as high and as
widely spaced laterally as practicable, which shall display to the front two
alternately flashing red lights located at the same level and to the rear two
alternately flashing red lights located at the same level, and these lights
shall be visible at 500 feet in normal sunlight.
(b)
Any school
bus, in addition to the lights required by subsection (a), may be equipped
with:
(1)
Yellow signal
lamps mounted near each of the four red lamps and at the same level but closer
to the vertical centerline of the bus, which shall display two alternately
flashing yellow lights to the front and two alternately flashing yellow lights
to the rear, and these lights shall be visible at 500 feet in normal
sunlight. These lights shall be
displayed by the school bus driver at least 200 feet, but not more than 1,000
feet, before every stop at which the alternately flashing red lights required
by subsection (a) will be actuated; or
(2)
Head lamps
which alternately flash on low beam or simultaneously flash on low beam, except
such had lamps shall only be activated during daylight hours.
(c)
The provisions
of this section shall be subject to the provisions contained in K.S.A. 8-2009a.
(K.S.A. 8-1730)
Sec. 171. Lighting Equipment and Warning Devices on Church Buses and Day
Care Program Buses.
(a)
As used in
this section, “religious organization’ means any organization, church, body of communicants
or group, gathered in common membership for mutual edification in piety,
worship and religious observances, or a society of individuals united for
religious purposes at a definite place.
(b)
Any church
bus, or day care program bus, in addition to any other equipment and
distinctive markings required by law, may be equipped with:
(1)
Signal lamps
which conform to the requirements of Section 170, and rules and regulations
adopted pursuant thereto; and
(2)
A stop signal
arm which conforms to requirements therefor applicable to school buses which
have been adopted by rules and regulations of the Secretary of Transportation.
(K.S.A. 8-1730a)
Sec. 172. Highway Construction and Maintenance Vehicles. It
shall be unlawful to operate any snow removal and other highway maintenance and
service equipment on any highway unless the lamps thereon comply with and are
lighted when and as required by the standards and specifications adopted by the
Secretary of Transportation. (K.S.A. 8-1731)
Sec. 173. Brakes; Performance Requirements.
(a)
Every motor
vehicle and every combination of vehicles shall have a service braking system
which will stop such vehicle or combination within 40 feet from an initial
speed or 20 miles per hour on a level, dry, smooth, hard surface.
(b)
Every motor vehicle
and combination of vehicles shall have a parking brake system adequate to hold
such vehicle or combination of any grade on which it is operated under all
conditions of loading, on a surface free from snow, ice or loose material.
(c)
The provisions
of this section shall not apply to vehicles registered pursuant to K.S.A. 8-166
et seq. and any amendments thereto.
(K.S.A. 8-1734)
Sec. 174 Horns and Warning Devices.
(a)
Every motor
vehicle when operated upon a highway shall be equipped with a horn in good working
order and capable of emitting sound audible under normal conditions from a
distance of not less than 200 feet, but no horn or other warning device shall
emit an unreasonably loud or harsh sound or a whistle. The driver of a motor vehicle shall when reasonably
necessary to insure safe operation shall give audible warning with his horn,
but shall not otherwise use such horn when upon a highway.
(b)
No vehicle
shall be equipped with nor shall any person use upon a vehicle any siren or
bell, except as otherwise permitted in this section.
(c)
Any vehicle
may be equipped with a theft alarm signal device which is so arranged that it
cannot be used by the driver as an ordinary warning signal. Such a theft alarm signal may use a whistle,
bell, horn or other audible signal but shall not use a siren.
(d)
Every
authorized emergency vehicle shall be equipped with a siren, whistle, or bell,
capable of emitting sound audible under normal conditions from a distance of
not less than five hundred 500 feet and of a type approved by the commission,
but such siren shall not be used except when such vehicle is operated in
response to an emergency call or in the immediate pursuit of an actual or
suspected violator of the law, in which said latter events the driver of such
vehicle shall sound said siren when reasonable necessary to warn pedestrians
and other drivers of the approach thereof.
(e)
Every truck
specifically designed and equipped and used exclusively for garbage, refuse, or
solid waste disposal operations shall be equipped with a whistle, bell, or
other audible signal. Such whistle,
bell, or other audible signal shall be used only when the driver of the truck
is backing such truck. Notwithstanding
the provisions of this section, a city may adopt an ordinance prohibiting the
activation of such whistle, bell, or other audible signal during specific
periods of time during the day. (K.S.A. Supp. 8-1738)
Sec. 175. Noise Prevention; Mufflers.
(a)
Every vehicle
shall be equipped, maintained and operated so as to prevent excessive or
unusual noise. Every motor vehicle at
all times shall be equipped with a muffler or other effective noise suppressing
system in good working order and in constant operation, and no person shall use
a muffler cutout, bypass or similar device.
(b)
The engine and
power mechanism of every motor vehicle shall be so equipped and adjusted as to
prevent the escape of excessive fumes or smoke. (K.S.A. 8-1739)
Sec. 175.1 Compression Release Engine
Braking System. It shall be unlawful for the driver of any
motor vehicle to use or cause to be used or operated any compression release
engine braking system without such motor vehicle being equipped with a muffler
in accordance with Section 175. (K.S.A. Supp. 8-1761)
(a)
Every motor
vehicle shall be equipped with a mirror mounted on the left side of the vehicle
and so located as to reflect to the driver a view of the highway to the rear of
the vehicle.
(b)
Every motor
vehicle, except a motorcycle, shall be equipped with an additional mirror
mounted either inside the vehicle approximately in the center or outside the
vehicle on the right side and so located as to reflect to the driver a view of
the highway to the rear of the vehicle.
(c)
All mirrors
required by regulations of the
Sec. 177. Windshields Must Be Unobstructed and Equipped With Wipers; Eye
Protection.
(a)
No person
shall drive any motor vehicle with any sign, poster or other nontransparent
material upon the front windshield, side wings, side or rear windows of such
vehicle which substantially obstructs, obscures or impairs the driver’s clear
view of the highway or any intersecting highway.
(b)
No person
shall drive any motor vehicle with a damaged front windshield or side or rear
windows which substantially obstructs the driver’s clear view of the highway or
any intersecting highway.
(c)
The windshield
on every motor vehicle shall be equipped with a device for cleaning rain, snow,
or other moisture from the windshield, which device shall be so constructed as
to be controlled or operated by the drive of the vehicle.
(d)
Every
windshield wiper upon a motor vehicle shall be maintained in good working
order.
(e)
The driver of
a motor vehicle which is not equipped with a windshield shall wear an
eye-protective device. (K.S.A. 8-1741)
Sec. 178. Restrictions as to Tire Equipment.
(a)
Every solid
rubber tire on a vehicle shall have rubber on its entire traction surface at
lease one inch thick above the edge of the flange of the entire periphery.
(b)
No person
shall operate or move on any highway any motor vehicle, trailer, or semitrailer
having any metal tire in contact with the roadway.
(c)
No tire on a
vehicle moved on a highway shall have on its periphery any protuberance of any
material other than rubber which projects beyond the tread of the traction
surface of the tire except that it shall be permissible to use:
(1)
Farm machinery
with tires having protuberances which will not injure the highway;
(2)
Tire chains of
reasonable proportions upon any vehicle when required for safety because of
snow, ice or other conditions tending to cause a vehicle to skid;
(3)
Studded
traction equipment upon any vehicle when required for safety because of snow,
ice or other conditions tending to cause a vehicle to skid: or
(4)
Pneumatic tires
having metallic or nonmetallic studs designed to improve traction without
materially injuring the surface of the highway.
To qualify under paragraph (3) or (4), such tires or studded traction
equipment shall be approved by the secretary of transportation by adoption of
rules and regulations, and their use may be limited to certain months or types
of vehicles by such rules and regulations.
(d)
The governing
body may issue special permits authorizing the operation upon a highway of
traction engines or tractors having moveable tracks with transverse
corrugations upon the periphery of such movable tracks or farm tractors or
other farm machinery, the operation of which upon a highway would otherwise be
prohibited under this ordinance.
(e)
It is unlawful
for any person to operate a motor vehicle or combination of vehicles having one
or more tires in an unsafe condition. A
solid rubber tire is in an unsafe condition if it does not comply with the
provisions of subsection (a). A
pneumatic tire is in an unsafe condition if it has:
(1)
Any part of
the ply or cord exposed;
(2)
Any bump,
bulge or separation;
(3)
A tread design
depth of less than one-sixteenth (1/16) inch measured in any two or more
adjacent tread grooves, exclusive of tie bars, or, for those tires with tread
wear indicators worn to the level of the tread wear indicators in any two tread
groves;
(4)
A marking “not
for highway use” or “for racing purposes only” or “unsafe for highway use”;
(5)
Tread or
sidewall cracks, cuts, or snags deep enough to expose the body cord;
(6)
Been regrooved
or recut below the original tread design depth, excepting special taxi tires
which have extra undertread rubber and are identified as such; or
(7)
Such
conditions as may be reasonably demonstrated to render it unsafe.
(f)
The provisions
of subsection (e) shall not apply to a vehicle or combination of vehicles being
transported by a wrecker or tow truck.
(g)
It shall be
unlawful for any person to operate a vehicle with a single tire on any hubs
configured for a dual tire assembly. The
provisions of this subsection shall not apply:
(1)
To any truck
registered for a gross weight of 20,000 pounds or less;
(2)
To any vehicle
or combination of vehicles operating with wide-base single tires, as defined in
K.S.A. 8-1742b, and amendments thereto, on any hubs configured for a dual tire
assembly;
(3)
To any single
axle with hubs configured for a dual tire assembly when such single axle does
not exceed 9,000 pounds and is a part of a triple-axle combination; or
(4)
In cases of
emergency.
(h)
No person in
the business of selling tires shall sell or offer for sale for highway use any
tire which is in unsafe condition or which has tread depth of less than
one-sixteenth (1/16) inch measured as specified in subsection (e). (K.S.A.
8-1742; K.S.A. 8-1742a)
Sec. 178.1. Wide-Base Single Tires.
(a)
The following
shall apply where wide-base single tires are used in the operation of any
vehicle or combination of vehicles:
(1)
The maximum
load for wide-base single tire on a steering axle shall not exceed 600 pounds
per inch of tire section width. The
maximum load for a wide-base single tire on any other axle shall not exceed 575
pounds per inch of tire section width;
(2)
No wide-base
single tire shall exceed the load designated by the manufacturer; and
(3)
The maximum
tire inflation pressure shall be as designated by the manufacturer.
(b)
The provisions
of paragraph (1) of subsection (a) shall apply to all wide-based single tires
purchased after July 1, 1993.
(c)
Any conviction
or forfeiture of bail or bond for any violation of this section shall not be
construed as a moving traffic violation for the purpose of K.S.A. 8-255, and
amendments thereto. (K.S.A. 8-1742b)
Sec. 179. Spilling Loads on Highways Prohibited.
(a)
No vehicle
shall be driven or moved on any highway unless such vehicle is so constructed
or loaded as to prevent any of its load from dropping, sifting, leaking or
otherwise escaping therefrom, except that:
(1)
This section
shall not prohibit necessary spreading of any substance in highway maintenance
or construction operations; and
(2)
Subsections
(a) and (c) shall not apply to trailers or semitrailers when hauling livestock
if such trailers or semitrailers are properly equipped with a cleanout trap and
such trap is operated in a closed position unless material in intentionally
spilled when the trap is in a closed position.
Paragraph (2) shall not apply to trailers or semitrailers used for
hauling livestock when livestock are not being hauled in such trailers or
semitrailers.
(b)
All trailers
or semitrailers used for hauling livestock shall be cleaned out periodically.
(c)
No person shall
operate on any highway any vehicle with any load unless such load and any
covering thereon is securely fastened so as to prevent the covering or load
from becoming loose, detached or in any manner a hazard to other users of the
highway. (K.S.A. 8-1906)
Sec. 180. Trailers and Towed Vehicles; Drawbar Connections and Safety
Hitch.
(a)
When one
vehicle is towing another, the drawbar, towbar or other connections shall be of
sufficient strength to pull, stop and hold all weight towed thereby, and so
designed, constructed and installed as to insure that any vehicle or motor
vehicle towed on a level, smooth, paved surface will follow in the path of the
towing vehicle when it is moving in a straight line. In addition to the drawbar connections
between any two such vehicles, there shall be provided an adequate safety
hitch.
(b)
When one
vehicle is towing another and the connection consists of a chain, rope or
cable, there shall be displayed upon such connection a white flag or cloth not
less than 12 inches square.
(c)
Motor vehicles
in transit may be transported in combination by means of towbar, saddlemount or
fullmount mechanisms, utilizing the motive power of one of the motor vehicles
in such combination, except that not more than two vehicles in any such
combination of motor vehicles in transit may be connected by means of a towbar
mechanism. Whenever motor vehicles are
transported as authorized in this subsection, such motor vehicles shall be
connected securely in combination in accordance with rules and regulations adopted
by the secretary of transportation, and any combination of such motor vehicles
shall comply with the limitations prescribed by K.S.A. 8-1904 as amended.
(d)
Except as
otherwise provided in subsection (c), not more than three vehicles, including
the towing vehicle, in any combination of vehicles may be connected by means of
a towbar mechanism, and if the three such vehicles are connected by towbar
mechanisms, the towbar mechanism between the towing vehicle and the first towed
vehicle shall be equipped with an anti-sway mechanism. In addition, the second towed vehicle of
every combination of vehicles so connected shall be equipped with service
brakes acting on the wheels of at least one axle, and which are of a type approved
by the safety department of the department of transportation and of such
character as to be applied automatically and promptly. (K.S.A. 8-1907)
Sec. 181. One-Way Glass and Sun Screening Devices.
(a)
No motor
vehicle required to be registered in this state and which is operated on the
highways of this city shall be equipped with one-way glass or any sun screen
device, as defined in Section 1, and used in conjunction with safety glazing
materials that do not meet the following requirements:
(1)
A sun
screening device when used in conjunction with the windshield shall be
nonreflective and shall not be red, yellow or amber in color. A sun screening device shall be used only
along the top of the windshield and shall not extend downward beyond the AS1
line which is clearly defined and marked;
(2)
A sun screening
device when used in conjunction with the safety glazing materials of the side
wings or side windows located at the immediate right and left of the driver,
the side windows behind the driver and the rear most window shall be
nonreflective; and
(3)
The total
light transmission shall not be less than 35 percent when a sun screening
device is used in conjunction with safety glazing materials or other existing
sun screening devices.
(b)
This section
shall not prohibit labels, stickers or other informational signs that are
required or permitted by law.
(c)
No motor
vehicle required to be registered in this state which is operated on the
highways of this city shall be equipped with head lamps which are covered with
any sun screen device, adhesive film or other glaze or application which, when
such lamps are not in operation, is highly reflective or otherwise
nontransparent.
(d)
Any person
violating the provisions of (a), (b) or (c) of this section shall be in
violation of this ordinance and punished as provided in Section 201.
(e)
Any person who
installs a sun screening device on a motor vehicle which is not in compliance
with the provisions of this section, upon conviction, shall be guilty of a
violation of this ordinance and shall be punished by a fine of not more than
$500 or by imprisonment for not more than one month or by both such fines and
imprisonment. (K.S.A. 8-1749a; K.S.A. 8-1749c)
Sec. 182. Child Passenger Safety Restraining System.
(a)
Every driver
who transports a child under the age of 14 years in a passenger car or on a
highway shall provide for the protection of such child by properly using;
(1)
For a child
under the age of four years an appropriate child passenger safety restraining
system that meets or exceeds the standards and specifications contained in
federal motor vehicle safety standard no. 213;
(2)
For a child
four years of age, but under the age of eight years and who weighs less than 80
pounds or is less than 4 feet 9 inches in height, an appropriate child
passenger safety restraining system that meets or exceeds the standards and
specifications contained in federal motor vehicle safety standard no. 213; or
(3)
For a child 8
years of age but under the age of 14 years or who weights more than 80 pounds
or is more than 4 feet 9 inches in height, a safety belt manufactured in
compliance with federal motor vehicle safety standard no. 208.
(b)
If the number
of children subject to the requirements of subsection (a) exceeds the number of
passenger securing locations available for the use by children affected by such
requirements, and all of these securing locations are in use by children, then
there is not a violation of this section.
(c)
If a securing
location only as a lap safety belt available, the provisions of subsection (a)
(2) shall not apply and the child shall be secured in accordance with the
provisions of subsection (a) (3).
(d)
It shall be
unlawful for any driver to violate the provisions of subsection (a) and upon
conviction such driver shall be punished by a fine of $60. The failure to provide a child safety
restraining system or safety belt for more than one child in the same passenger
car at the same time shall be treated as a single violation. Any conviction under the provisions of this
subsection shall not be construed as a moving
traffic violation for the purpose of K.S.A. 8-255, and amendments
thereto.
(e)
The $60 fine
provided for in subsection (d) shall be waived if the driver convicted of
violating subsection (a) (1) or (a) (2) provides proof to the court that such
driver has purchased or acquired the appropriate and approved child passenger
safety restraining system. At the time
of issuing the citation for a violation of subsection (a) (1) or (a) (2), the
law enforcement officer shall notify the driver of the waiver provisions of
this subsection.
(f)
No driver
charged with violating the provisions of this section shall be convicted if
such driver produces in the office of the arresting officer or in court proof
that the child was 14 years of age or older at the time the violation was
alleged to have occurred.
(g)
Evidence of
failure to secure a child in a child passenger safety restraining system or a
safety belt under the provisions of this section shall not be admissible in any
action for the purpose of determining any aspect of comparative negligence or
mitigation of damages.
(h)
As used in
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 prior to 1968 which was manufactured or assembled with safety belts,
with motive power designed for carrying 10 passengers or fewer, including vans,
but does not include a motorcycle or a motor-driven cycle. (K.S.A. Supp.
8-1343a; 8-1345)
(a)
Except as
provided in Section 182 and in subsection (b) or (c), each front seat occupant
of a passenger car manufactured with safety belts in compliance with federal
motor vehicle safety standard no. 208, who is 18 years of age or older, shall
have a safety belt properly fastened about such person’s body at all times when
the passenger car is in motion
(b)
Each occupant
of a passenger car manufactured with safety belts in compliance with federal
motor vehicle safety standard no. 208, who is at least 14 years of age but less
than 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
(3)
Newspaper
delivery persons while actually engaged in delivery of newspapers along with
their specified routes; or
(4)
An occupant of
a passenger car required to be protected by a safety restraining system under
the child passenger safety act.
(d)
Law
enforcement officers shall not stop drivers for violations of subsection (a) in
the absence of another violation of law.
A citation for violation of subsection (a) shall not be issued without
citing the violation that initially caused the officer to effect the
enforcement stop.
(e)
(1)
Persons
violating subsection (a) shall be fined $30 including court costs; and
(2)
Persons
violating subsection (b) shall be fined $60 including court costs.
(f)
As used in
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 10
passengers or fewer, including vans, but does not include motorcycle or a
motor-driver cycle. (K.S.A. 8-2502:2504)
Sec 182.2. Unlawful Riding on Vehicles;
Persons Under Age 14.
(a)
It shall be
unlawful for any person under the age of 14 years to ride on any vehicle or
upon any portion thereof not designed or intended for use of passengers when
the vehicle is in motion.
(b)
It shall be
unlawful for the operator of any vehicle to allow any person under the age of
14 years to ride on any vehicle or upon any portion thereof not designed or
intended for the use of passengers when the vehicle is in motion
(c)
This section
shall not apply to:
(1)
An employee
under the age of 14 years engaged in the necessary discharge of the employee’s
duty within truck bodies in space intended for merchandise or cargo; or
(2)
When the
vehicle is being operated in parades, caravans or exhibitions which are
officially authorized or otherwise permitted by law.
(d)
The provisions
of subsections (a) and (b) shall apply only when a vehicle is being operated
within the corporate limits of the city. (K.S.A. 8-1578a)
Ref.: For Persons 14 Years of Age and Older see
Sec. 115.
Article 18. Equipment on Motorcycles and Motor-Driven
Cycles
(a)
Every
motorcycle and every motor-driven cycle shall be equipped with at least one
head lamp which shall comply with the requirements and limitations of this
article.
(b)
Every head
lamp upon every motorcycle and motor-driven cycle shall be located at a height
of not more than 54 inches nor less than 24 inches to be measured as set forth
in subsection (b) of Section 145. (K.S.A. 8-1801)
Ref.: Sec. 35.
(a)
Every
motorcycle and motor-driven cycle shall have at least one tail lamp which shall
be located at a height of not more than 72 nor less than 15 inches.
(b)
Either a tail
lamp or a separate lamp shall be so constructed and placed as to illuminate
with a white light the rear registration plate and render it clearly legible
from a distance of 50 feet to he rear.
Any tail lamp or tail lamps, together with any separate lamp or lamps
for illumination the rear registration plate, shall be so wired as to be
lighted whenever the head lamps or auxiliary driving lamps are lighted. (K.S.A.
8-1802)
Sec. 185. Reflectors. Every motorcycle and motor-driven cycle shall
carry on the rear, either as part of the tail lamp or separately, at least one
red reflector meeting the requirements of subsection (b) of Section 140.
(K.S.A. 8-1803)
(a)
Every
motorcycle and motor-driven cycle shall be equipped with at least one stop lamp
meeting the requirements of subsection (a) of Section 161.
(b)
Every
motorcycle manufactured after January 1, 1973, shall be equipped with electric
turn signals meeting the requirements of subsection (b) of Section 161. Motor-driven cycles may, but need not, be
equipped with electric turn signals. (K.S.A. 8-1804)
Sec. 187. Multiple-beam Road-lighting Equipment.
Every motorcycle, other than a motor-driven cycle, shall be equipped
with multiple beam road-lighting equipment.
Such equipment shall:
(a)
Reveal persons
and vehicles at a distance of at least 300 feet ahead when the uppermost
distribution of light is selected; and
(b)
Reveal persons
and vehicles at a distance of at least 150 feet ahead when the lowermost
distribution of light is selected, and on a straight, level road under any
condition of loading, none of the high intensity portions of the beam shall be
directed to strike the eyes of an approaching driver. (K.S.A. 8-1805)
Sec. 188. Lighting Equipment for Motor-Driven Cycles. The
head lamp or head lamps upon every motor-driven cycle may be of the single-beam
or multiple-beam type, but in either event shall comply with the requirements
and limitations as follows:
(a)
Every such
head lamp or head lamps on a motor-driven cycle shall be of sufficient
intensity to reveal persons and vehicles at a distance of not less than 100
feet when the motor-driven cycle is operated at any speed less than 25 miles
per hour, and at a distance of not less than 200 feet when the motor-driven
cycle is operated at a speed of 25 or more miles per hour, and at a distance of
not less than 300 feet when the motor-driven cycle is operated at a speed of 35
or more miles per hour.
(b)
In the event
the motor-driven cycle is equipped with a multiple-beam head lamp or head
lamps, such equipment shall comply with the requirements of Section 187.
(c)
In the event
the motor-driven cycle is equipped with a single-beam lamp or lamps, such lamp
or lamps shall be so aimed that when the vehicle is loaded none of the
high-intensity portion of light, at a distance of 25 feet ahead, shall project
higher than the level of the center of the lamp from which it comes. (K.S.A.
8-1806)
Ref.: Sec. 35.
Sec. 189. Brake Equipment Required. Every motorcycle and
motor-driven cycle shall comply with the provisions of subsection (a) of
Section 173, except that the wheel of a sidecar attached to a motorcycle or to
a motor-driven cycle, and the front wheel of a motor-driven cycle need not be
equipped with brakes: provided, that such motorcycle or motor-driven cycle is
capable of complying with the performance requirements of this article. (K.S.A.
8-1807)
Sec. 190. Performance Ability of Brakes. Upon
application of the service brake, every motorcycle and motor-driven cycle, at
all times and under all conditions of loading, shall be capable of stopping
from a speed of 20 miles per hour in not more than 30 feet, such distance to be
measured from the point at which movement of the service brake pedal or control
begins.
Tests for stopping distance shall be made on
a dry smooth, hard and substantially level surface, not to exceed one percent
(1%) grade, that is free from loose material. (K.S.A. 8-1808)
(a)
Every
motorcycle and every motor-driven cycle shall comply with the requirements and
limitations of Section 174 on horns and warning devices, Section 175 on noise
prevention and mufflers, Section 176 on mirrors and Section 178 on tires.
(b)
Every
motorcycle and every motor-driven cycle shall comply with the requirements and
limitations contained in this article, and unless otherwise specifically made
applicable, motorcycles and motor-driven cycles shall not be subject to the
requirements and limitations imposed elsewhere in this ordinance with respect
to equipment on vehicles. (K.S.A. 8-1810)
Article 19. Driver’s License and Vehicle Tags
Sec. 192. Driver’s License. No person, except those
expressly exempted, shall drive or operate any motor vehicle or motorized
bicycle upon any highway in this city unless such person has a valid driver’s
license. Violation of this section is
punishable by a fine of not more than $1,000 or by imprisonment for not more
than six months or by both such fine and imprisonment. (K.S.A. 8-235)
Sec. 193. Driver’s License in Possession.
Every licensee shall have his or her driver’s license in his or her
immediate possession at all times when operating a motor vehicle, and shall
display the same upon demand of any law enforcement officer. However, no person charged with violating
this section shall be convicted if such person produces in court a driver’s
license theretofore issued to such person and valid at the time of arrest.
(K.S.A. 8-244)
Sec 194. Driving While License Canceled, Suspended or Revoked; Penalty.
(a)
(1)
Any person who
drives a motor vehicle on any street or highway at a time when such person’s
privilege so to do is canceled, suspended or revoked or while such person’s
privilege to obtain a driver’s license is suspended or revoked, shall upon a
first conviction be punished by imprisonment for not more than six months or
fined not to exceed $1,000, or both such fine and imprisonment. On a second or subsequent conviction of a
violation of this section such person shall be punished by imprisonment for not
more than one year or fined not to exceed $2,500, or both such fine and
imprisonment.
(2)
No person
shall be convicted under this section if such person was entitled at the time
of arrest under K.S.A. 8-257 and amendments thereto, to the return of such
person’s driver’s license.
(3)
Except as
otherwise provided by subsection (a) (4), every person convicted under this
section shall be sentenced to at least five days’ imprisonment and fined at
least $100 and upon a second conviction shall not be eligible for parole until
completion of five days’ imprisonment.
(4)
Except as
otherwise provided by subsection (b), if a person: (A) is convicted of a
violation of this section, committed while the person’s privilege to drive or
privilege to obtain a driver’s license was suspended or revoked for a violation
of K.S.A. 8-1567, and amendments thereto, or any ordinance of any city or
resolution of any county or a law of another state, which ordinance or law
prohibits the acts prohibited by that statute; and (B) is or has been also
convicted of a violation of K.S.A. 8-1567, and amendments thereto, or of a
municipal ordinance or law of another state, which ordinance or law prohibits
the acts prohibited by that statute, committed while the person’s privilege to
drive or privilege to obtain a driver’s license was so suspended or revoked,
the person shall not be eligible for suspension of sentence, probation or
parole until the person has served at least 90 days’ imprisonment, and any fine
imposed on such person shall be in addition to such a term of imprisonment.
(b)
A person on a
third or subsequent conviction of this section shall be sentenced to not less
than 90 days imprisonment, and fined not less than $1,500 if such person’s
privilege to drive a motor vehicle is canceled, suspended, or revoked because
such person:
(1)
Refused to
submit and complete any test of blood, breath, or urine requested by law
enforcement excluding the preliminary screening test as set forth in K.S.A.
8-1012, and amendments thereto;
(2)
Was convicted
of violating the provisions of K.S.A. 40-3104, and amendments thereto, relating
to motor vehicle liability insurance coverage;
(3)
Was convicted
of vehicular homicide, K.S.A. 21-3405, and amendments thereto, involuntary
manslaughter while driving under the influence of alcohol or drugs, K.S.A. 2006
Supp. 21-3442, and amendments thereto, or any other murder or manslaughter
crime resulting from the operation of a motor vehicle; or
(4)
Was convicted
of being a habitual violator, K.S.A. 8-287, and amendments thereto.
(c)
The person
convicted shall not be eligible for release on probation, suspension or
reduction of sentence or parole until the person has served at least 90 days’
imprisonment. The 90 days’ imprisonment
mandated by this subsection may be serviced in a work release program only
after such person has served 48 consecutive hours’ imprisonment, provided such
work release program requires such person to return to confinement at the end
of each day in the work release program.
The court may place the person convicted under a house arrest program or
any municipal ordinance to serve the remainder of the minimum sentence only
after such person has served 48 consecutive hours’ imprisonment.
(d)
For the
purposes of determining whether a conviction is a first, second, third or
subsequent conviction in sentencing under this section, conviction includes a conviction of a violation of any ordinance of
any city or resolution of any county or a law of any state which is in
substantial conformity with this section. (K.S.A. Supp. 8-262)
Sec. 195. Driving in Violation of Restrictions.
(a)
No person
shall operate a motor vehicle in violation of the restrictions on any driver’s
license or permit imposed pursuant to any statue.
(b)
Except as
provided in subsection (c):
(1)
Any person
guilty of violating this section, upon the first conviction, shall be fined not
to exceed $250, and the court shall suspend such person’s privilege to operate
a motor vehicle for not less than 30 days and not more than two years.
(2)
Any person
guilty of violation this section, upon a second or subsequent conviction, shall
be fined not to exceed $500, and the court shall suspend such person’s privilege
to operate a motor vehicle for not less than 90 days and not more than two
years.
(c)
Any person
guilty of violating this section, for violating restrictions on a driver’s
license or permit imposed pursuant to K.S.A. 8-237, 8-296, section 1 or section
2, and amendments thereto:
(1)
Upon first
conviction, the court shall suspend such person’s privilege to operate a motor
vehicle for 30 days;
(2)
Upon a second
conviction, the court shall suspend such person’s privilege to operate a motor
vehicle for 90 days; and
(3)
Upon a third
or subsequent conviction, the court shall suspend such person’s privilege to
operate a motor vehicle for one year.
(d)
Nothing in
this section shall limit the court in imposing penalties, conditions or
restrictions authorized by any other ordinance arising from the same occurrence
in addition to penalties and suspensions imposed under this section. (K.S.A.
8-291, as amended)
Ref.: Procedure for Imposing Restrictions, K.S.A.
8-292.
Sec. 195.1 Operation of a Motor Vehicle When
a Habitual Violator. Operation of a motor vehicle in this state
when one’s driving privileges are revoked pursuant to K.S.A. 8-286 and
amendments thereto shall be punished by imprisonment for not more than one year
or fined not to exceed $2,500, or both such fine and imprisonment. The person found guilty of a third or
subsequent conviction of this section shall be sentenced to not less than 90
days imprisonment and fined not less than $1,500. The person convicted shall not be eligible
for release on probation, suspension, or reduction of sentence or parole until
the person has served at least 90 day’s imprisonment. The 90 days’ imprisonment mandated by this
subsection may be served in a work release program only after such person has
served 48 consecutive hours’ imprisonment, provided such work release program
requires such person to return to confinement at the end of each day in the
work release program. The court may
place the person convicted under a house arrest program or any municipal
ordinance to serve the remainder of the minimum sentence only after such person
has served 48 consecutive hours’ imprisonment. (K.S.A. Supp. 8-287)
Sec. 196. Unauthorized Operator. No person shall authorize or
knowingly permit a motor vehicle owned by him or her or under such person’s
control to be driven upon any highway by any person who has no legal right to
do so, or who does not have a valid driver’s license. (K.S.A. 8-264)
Sec. 197. Unauthorized Minors. No person shall cause or
knowingly permit his child or ward under the age of 18 years to drive a motor
vehicle upon any highway when such minor person is not authorized under the
laws of
Sec. 198. Vehicle License; Illegal Tag.
(a)
It shall be
unlawful for any person to:
(1)
Operate, or
for the owner thereof knowingly to permit the operation, upon a highway of any
vehicle which is not registered, or for which a certificate of title has not
been issued or which does not have attached thereto and displayed thereon the
license plate or plates assigned thereto by the division for the current
registration year, including any registration decal required to be affixed to
any such license plate pursuant to K.S.A. 8-134, and amendments thereto,
subject to the exemptions allowed in K.S.A 8-135, 8-198 and 8-1751a, and
amendments thereto. A violation of this
section by a person unlawfully claiming that a motor vehicle is exempt from
registration as a self-propelled crane under subsection (b) of K.S.A. 8-128 and
amendments thereto, shall constitute a violation punishable by a fine of not
less than $500.
(2)
Display or
cause or permit to be displayed, or to have in possession, any registration
receipt, certificate of title, registration license plate, registration decal,
accessible parking placard or accessible parking identification card knowing
the same to be fictitious or to have been canceled, revoked, suspended or
altered. A violation of this subsection
(2) shall constitute an ordinance violation punishable by a fine of not less
than $100 and forfeiture of the item. A
mandatory court appearance shall be required of any person violating this
subsection (2). This subsection (2)
shall not apply to the possession of:
(A)
Model year
license plates displayed on antique vehicles as allowed under K.S.A. 8-172, and
amendments thereto; or
(B)
Distinctive
license plates allowed under K.S.A. 8-1, 147.
(3)
Lend to or
knowingly permit the use by one not entitled thereto any registration receipt,
certificate or title, registration license plate or registration decal issued
to the person so lending or permitting the use thereof.
(4)
Remove,
conceal, alter, mark or deface the license number plate or plates or any other
mark of identification upon any vehicle.
License plates shall be kept clean and they shall be placed on all
vehicles within the city as required by law so as to be plainly legible.
(5)
Carry or
display a registered number plate or plates or registration decal upon any
vehicle not lawfully issued for such vehicle.
(b)
Any Person
violating subsections (1), (2) or (3) shall be punished by a fine not exceeding
$2,500, or by imprisonment for not less than 30 days nor more than six months,
or by both such fine and imprisonment.
Any person violating subsections (4) or (5) shall be punished as
provided in section 201(d) of this ordinance. (K.S.A. Supp. 8-142; K.S.A.
8-149)
Sec. 199. Unlawful Use of License.
(a)
It shall be
unlawful for any person, for any purpose to:
(1)
Display or
cause or permit to be displayed or have in possession any fictitious or
fraudulently altered driver’s license.
(2)
Lend any
drive’s license to any other person or knowingly permit the use thereof by
another.
(3)
Display or represent
as the person’s own, any driver’s license not issued to the person.
(4)
Fail or refuse
to surrender to any police officer upon lawful demand any driver’s license
which has been suspended, revoked or canceled.
(5)
Permit any
unlawful use of driver’s license issued to the person.
(6)
Photograph, photostat,
duplicate or in any way reproduce any driver’s license or facsimile thereof in
such a manner that it could be mistaken for a valid driver’s license or display
or have in possession any such photograph, photostat, duplicate, reproduction
or facsimile unless authorized by law.
(7)
Display or
possess any photograph, photostat, duplicate or facsimile of a driver’s license
unless authorized by law.
(8)
Display or
cause or permit to be displayed any canceled, revoked or suspended driver’s
license.
(b)
Violation of
paragraphs (1) or (8) of subsection (a) is punishable by a fine of not more
than $1,000 or by imprisonment for not more than six months or by both such
fine and imprisonment. Violation of
Paragraphs (2), (3), (4), (5), (6) or (7) of subsection (a) is punishable by a
fine of not more than $2,500 or by imprisonment for not more than one year or
by both such fine and imprisonment.
(c)
It shall be
unlawful for any person to:
(1)
Lend any
driver’s license to or knowingly permit the use of any driver’s license by any
person under 21 years of age for use in the purchase of any alcoholic liquor.
(2)
Lend any
driver’s license to or knowingly permit the use of any driver’s license by a
person under the legal age for consumption of cereal malt beverage for use in
the purchase of any cereal malt beverage.
(3)
Display or
cause to be displayed or have in possession any fictitious or fraudulently
altered driver’s license by any person under 21 years of age for use in the
purchase of any alcoholic liquor or cereal malt beverage.
(d)
(1)
Upon a first
conviction of a violation of any provision of subsection (c) a person shall be
sentenced to not less than 100 hours of public service and fined not less that
$200 nor more than $500.
(2)
On a second or
subsequent conviction of a violation of any provision of subsection (c), a
person shall be punished by a fine of not more than $2,500 or by imprisonment
for not more than one year or by both such fine and imprisonment.
(e)
The provisions
of this section shall apply to any driver’s license, whether issued under the
laws of this state or issued under the laws of another state or jurisdiction.
(K.S.A. 8-260)
Sec. 200. Motor Vehicle Liability Insurance.
(a)
Every owner of
a motor vehicle shall provide motor vehicle liability insurance coverage in
accordance with the Kansas Automobile Injury Reparations Act, K.S.A. 40-3101 et sep., for every motor vehicle owned
by such person, unless such motor vehicle is included under an approved
self-insurance plan as provided in K.S.A. 40-3104 (f) or is otherwise expressly
exempted under the laws of this state.
(b)
An owner of an
uninsured motor vehicle shall not permit the operation thereof upon a highway
or upon property open to use by the public, unless such motor vehicle is
expressly exempted from said requirements pursuant to the laws of this state.
(c)
No person
shall knowingly drive an uninsured motor vehicle upon a highway or upon
property open to use by the public, unless such motor vehicle is expressly
exempted from said requirements pursuant to the laws of this state.
(d)
Any person
operating a motor vehicle upon a highway or upon property open to use by the
public shall display, upon demand, evidence of financial security to a law
enforcement officer. The law enforcement
officer shall issue a citation to any person who fails to display evidence of
financial security upon such demand. The
law enforcement officer shall attach a copy of the insurance verification from
prescribed by the secretary of revenue to the copy of the citation forwarded to
the court.
No citation shall be issued to any person
for failure to provide proof of financial security when evidence of financial
security meeting the standards of subsection (e) is displayed upon demand of a
law enforcement officer. Whenever the
authenticity of such evidence is questionable, the law enforcement officer may
initiate the preparation of the insurance verification form prescribed by the
secretary of revenue by recording information from the evidences of financial
security displayed. The officer shall
immediately forward the form to the department of revenue, and the department
shall proceed with verification in the manner prescribed in the following
paragraph. Upon return of a form
indicating that insurance was not in force on the date indicated on the form,
the department shall immediately forward a copy of the form to the law
enforcement officer initiating preparation of the form.
(e)
Unless the
insurance company subsequently submits an insurance verification form
indicating that insurance was not in force, no person charged with violating
subsections (b), (c) or (d) shall be convicted if such person produces in
court, within 10 days of the date of arrest or of issuance of the citation,
evidence of financial security for the motor vehicle operated, which was valid
at the time of arrest or of issuance of the citation. For the purpose of this subsection evidence
of financial security shall be provided by a policy of motor vehicle liability
insurance, an identification card or certificate of insurance issued to the
policyholder by the insurer which provides the name of the insurer, the policy
number and the effective and expiration dates of the policy, or a certificate
of self-insurance signed by the commissioner of insurance.
(f)
Any person
violating any provision of this section shall be guilty of a violation of this
ordinance and subject to a fine or not less than $300 nor more than $1,000 or
by imprisonment for a term of not more than six months, or both such fine and
imprisonment, except that any person convicted of violating any provision of
this section within three years of any such prior conviction shall be guilty of
a violation of this ordinance and subject to a fine of not less than $800 nor
more than $2,500 or by imprisonment for a term not to exceed one year, or both
such fine and imprisonment. (K.S.A. 40-3104)
Article 20. Penalties Generally
(a)
It is unlawful
for any person to violate any of the provisions of this ordinance.
(b)
The judge of
the Municipal Court shall in the manner prescribed by K.S.A. 12-4305 and
amendments thereto established a schedule of fines for violation of any section
of this ordinance classified as an ordinance traffic infraction y K.S.A. 8-2118
and amendments thereto. Such fines shall
be imposed upon a voluntary entry of appearance and upon a plea of guilty or no
contest to a complaint alleging such violation and payment of the fine and any
court costs.
(c)
A person who
has been convicted of a traffic infraction may be sentenced to pay a fine which
shall be fixed by the court, not exceeding $500.
(d)
Every person
convicted of a violation of any of the provisions of this ordinance for which
another penalty is not provided by this ordinance or by the schedule of fines
established by the judge of the municipal court shall be punished for first
conviction thereof by a fine of not more than $500 or by imprisonment for not
more than one month or by both such fine and imprisonment; for a second
conviction within one year thereafter such person shall be punished by a fine
of not more than $1,000 or by imprisonment for not more than six months or by
both such fine and imprisonment; upon a third or subsequent conviction within
one year after the first conviction such person shall be punished by a fine of
not more than $2,500 or by imprisonment for not more than one year or by both
such fine and imprisonment. (K.S.A. 8-2116; K.S.A. Supp. 21-4503e)
Editor’s
Note: Maximum penalties
have been increased to correspond with those found in K.S.A. Supp. 8-2116.
Sec. 201.1 Failure to Comply with a Traffic
Citation.
(a)
It shall be
unlawful to fail to comply with a traffic citation. Failure to comply with a traffic citation
means failure either to (1) appear before the municipal court in response to a
traffic citation and pay in full any fine and court costs imposed or (2)
otherwise comply with a traffic citation issued for an ordinance traffic
infraction. Failure to comply with a
traffic citation shall be unlawful regardless of the disposition of the charge
for which such citation was originally issued.
(b)
(1)
In addition to
penalties of law applicable under subsection (a), when a person fails to comply
with a traffic citation, except for illegal parking, standing, or stopping, the
municipal court in which the person should have complied with the citation
shall mail notice to the person that if the person does not appear in municipal
court or pay all fines, court costs and any penalties within 30 days from the
date of mailing notice, the division of vehicles will be notified to suspend the
person’s driving privileges. The
municipal court may charge an additional fee of $5 for mailing such
notice. Upon the person’s failure to
comply within such 30 days of mailing notice, the municipal court shall
electronically notify the division of vehicles.
Upon receipt of a report of a failure to comply with a traffic citation
under this section, pursuant to K.S.A. 8-255, and amendments thereto, the
division of vehicles shall notify the violator and suspend the license of the
violator until satisfactory evidence of compliance with the terms of the
traffic citation has been furnished to the informing court. When the court determines the person has
complied with the terms of the traffic citation, the court shall immediately
electronically notify the division of vehicles of such compliance. Upon receipt of the notification of such
compliance from the informing court, the division of vehicles shall terminate
the suspension or suspension action.
(2)
(A)
In lieu of
suspension under paragraph (1), the driver may submit to the division of
vehicles a written request for restricted driving privileges, with a
non-refundable $25 applicable fee, to be applied by the division of vehicles
for additional administrative costs to implement restricted driving privileges.
(B)
Upon review
and approval of the driver’s eligibility, the driving privileges will be
restricted by the division of vehicles for a period up to one year or until the
terms of the traffic citation have been complied with and the court shall
immediately electronically notify the division of vehicles of such
compliance. If the driver fails to
comply with the traffic citation within the one year restricted period, the
driving privileges will be suspended by the division of vehicles until the
court determines the person has complied with that terms of the traffic
citation and the court shall immediately electronically notify the division of
vehicles of such compliance. Upon
receipt of the informing court, the division of vehicles shall terminate the
suspension action. When restricted
driving privileges are approved pursuant to this section, the persons’ driving
privileges shall be restricted to driving only under the following
circumstances:
(i)
In going to or
returning from the person’s place of employment or schooling;
(ii)
In the course
of the person’s employment;
(iii)
During a
medical emergency;
(iv)
In going to
and returning from probation or parole meetings, drug or alcohol counseling or
any place the person is required to go by court. The provisions of this paragraph shall expire
on January 1, 2012.
(c)
Except as
provided in subsection (d), when the municipal court notifies the division of
vehicles of a failure to comply with a traffic citation pursuant to subsection
(b), the court shall assess a reinstatement fee of $59 for each charge on which
the person failed to make satisfaction regardless of the disposition of the
charge for which such citation was originally issued and regardless of any
application for restricted driving privileges.
Such reinstatement fee shall be in addition to any fine, restricted
driving privilege application fee, municipal court costs and other
penalties. The court shall remit all
reinstatement fees to the state treasurer in accordance with the provisions of
K.S.A. 75-4215, and amendments thereto.
(d)
The municipal
court shall waive the reinstatement fee provided for in subsection ( c), if the
failure to comply with a traffic citation was the result of such person
enlisting in or being drafted into the armed services of the United States,
being called into service as a member of a reserve component of the military
service of the United States, or volunteering for such active duty, or being
called into service as a member of the State of Kansas national guard, or
volunteering for such active duty, and being absent from Kansas because of such
military service. In any case of a
failure to comply with a traffic citation which occurred on or after August 1,
1990, and prior to the effective date of this act, in which a person was
assessed and paid a reinstatement fee and the person failed to comply with a
traffic citation because the person was absent from Kansas because of any such
military service, the reinstatement fee shall be reimbursed to such person upon
application therefor. (K.S.A. Supp. 8-2110, as amended)
Sec. 202. Parties to a Violation. Every person who commits,
attempts to commit, conspires to commit, or aids or abets in the commission of,
any act declared herein to be unlawful, whether individually or in connection
with one or more other persons or as a principal, agent or accessory, shall be
guilty of such offense, and every person who falsely, fraudulently, forcibly,
or willfully induces, causes, coerces, requires, permits or directs another to
violate any provision of this ordinance is likewise guilty of such offense.
(K.S.A. 8-2101)
Sec. 203. Offenses by Persons Owning or Controlling Vehicles. It
is unlawful for the owner, or any other person, employing or otherwise
directing the driver of any vehicle, to require or knowingly to permit the
operation of such vehicle upon a highway in any manner contrary to this
ordinance. (K.S.A. 8-2102)
Sec. 204. Fines Doubled in Road Construction and School Zones.
(a)
Fines listed
in the schedule of fines, as established by the municipal court judge, shall be
doubled if a person is convicted of a ordinance traffic infraction, which is
defined as a moving violation in accordance with rules and regulations adopted
pursuant to K.S.A. 8-249, and amendments thereto, committed within any road
construction zone.
(b)
Fines listed in
the schedule of fines, as established by the municipal court judge relating to
exceeding the maximum speed limit, shall be doubled if a person is convicted of
exceeding the maximum speed limit in a school zone authorized under subsection
(a) (4) of K.S.A. 8-1560, and amendments thereto. (K.S.A. Supp. 8-2118)
Article 21. Severability
Sec. 205. Severability. If any provision of this code
is declared unconstitutional, or the application thereof to any person or
circumstance is held invalid, the constitutionality of the remainder of the
code and the applicability thereof to other persons and circumstances shall not
be affected thereby.