CHAPTER XVI. TRAFFIC AND
Article 1. Standard Traffic
Article 2. Local Traffic
ARTICLE 1. STANDARD TRAFFIC ORDINANCE
16-101. INCORPORATING STANDARD TRAFFIC ORDINANCE.
There is hereby incorporated by reference for the purpose of regulating
traffic within the corporate limits of the City of Hugoton, Kansas, that certain
standard traffic ordinance known as the "Standard Traffic Ordinance for
Kansas Cities," Edition of 1996, prepared and published in book form by the
League of Kansas Municipalities, Topeka, Kansas.
No fewer than three (3) copies of said Standard Traffic Ordinance shall
be marked or stamped "Official Copy as Adopted by Ordinance No. 629"
and to which shall be attached a copy of this ordinance, and filed with the City
Clerk to be open to inspection and available to the public at all reasonable
hours. The police department,
municipal judge and all administrative departments of the city charged with
enforcement of the ordinance shall be supplied, at the cost of the city, such
number of official copies of the Standard Traffic Ordinance similarly marked, as
may be deemed expedient. (Ord. 629,
16-102. SAME; TRAFFIC INFRACTIONS AND TRAFFIC OFFENSES.
(a) An 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 a statutory
provision that is classified as a traffic infraction in K.S.A. Supp. 8-2118.
(b) All traffic violations
which are included within this ordinance, and which are not ordinance traffic
infractions, as defined in subsection (a) of this section, shall be considered
traffic offenses. (Ord. 629, Sec. 2)
16-103. USE OF ENGINE BRAKES OR JAKE BRAKES PROHIBITED.
It shall be unlawful for any truck or other vehicle to employ, use, or
apply engine brakes or jake brakes within the City, except in cases of
emergency. (Ord. 609, Sec. 1)
16-104. PENALTY FOR SCHEDULED FINES.
The fine for violation of an ordinance traffic infraction or any other
traffic offense for which the municipal judge establishes a fine in a fine
schedule shall not be less than $10.00 nor more than $500.00.
A person tried and convicted for violation of an ordinance traffic
infraction or other traffic offense for which a fine has been established in a
schedule of fines shall pay a fine fixed by the court not to exceed $500.00.
(Ord. 629, Sec. 3)
ARTICLE 2. LOCAL TRAFFIC REGULATIONS
16-201. TRAFFIC-CONTROL DEVICES; SPECIAL ZONES; AUTHORITY OF
GOVERNING BODY. Except as otherwise
provided herein, the governing body of the city is authorized, by appropriate
action, to determine the location, need for, character and types of all
traffic-control signs and signals in the city.
All such devices shall conform to the Manual of Specifications for such
signs or devices prescribed by the State Department of Transportation.
The governing body is further authorized to determine and sign all
"No U Turn" intersections, arterial or stop streets, zones of quiet,
no parking zones or streets, s0chool, hospital or safety zones and special
loading and unloading zones. All
such regulations shall be effective upon the placing of appropriate signs giving
notice of the regulation or special use authorized.
(Code 1971, 15-201)
16-202. DOUBLE PARKING. No
vehicle shall be double parked in any roadway or street.
All vehicles shall, when parked in any street, be parked in any street,
be parked at the curb in accordance with this article.
"Double parking" for the purpose of this section may be
permitted for not more than three minutes when a vehicle shall be attended by a
driver, but any vehicle so parked shall be moved by the driver to a position
along or off the roadway so as not to block or interfere with any vehicle parked
at the curb. (Code 1971, 15-121)
16-203. FORTY-EIGHT HOUR PARKING.
It shall be unlawful for any person or persons to park, cause to be
parked or to permit any vehicle to remain parked on any street or alley or other
public property in the city for a continuous period of more than 48 hours.
(Code 1971, 15-203)
16-204. DRIVING THROUGH PROCESSION.
It shall be unlawful for the driver of a vehicle to drive between or
overtake and pass vehicles comprising a funeral or other authorized procession
while the procession is in motion. The
vehicles in such procession shall be conspicuously so designated.
This section shall not apply at intersections controlled by a
traffic-control light, signals or police officers.
(Code 1971, 15-204)
16-205. MAIN TRAFFICWAY. Main
Street and all intersections thereof from the north line of the intersection
with First Street then south to the north intersection line of Eleventh Street,
in the city is hereby designated a Main Trafficway as provided by sections
12-685 to 12-690, both inclusive of the Kansas Statutes Annotated.
(Code 1971, 15-205)
PARKING. It shall be unlawful for
any person, firm or corporation to park or cause to be parked any motor or other
vehicle between the hours of 9:00 a.m. and 6:00 p.m. on any day except Sundays
and holidays, for a continuous period longer than two hours in designated
parking stalls on the following streets in the city:
(a) Main Street between Fifth
Street and Seventh Street.
Signs shall be erected and maintained in each block to cover the
provisions of Section 16-206 herein. Any
person violating any of the provisions of this article shall be deemed guilty of
a misdemeanor and upon conviction thereof shall be fined in a sum not less than
$1 nor more than $5. (Code 1971,
16-207. SCHOOL SAFETY ZONE. The
following school safety zones are hereby defined:
That portion of Eleventh Street, being also described as U.S. Highway 56,
between Harrison Street and Main Street, and that portion of Eleventh Street
being also described as U.S. Highway 270 between Madison and Adams street.
During the hours of 8:00 a.m. to 10:00 a.m. and 3:00 p.m. to 5:00 p.m.
while school is in session or activities of any kind are being conducted on the
school grounds, portable "20 MPH SCHOOL ZONE" signs shall be displayed
within the school safety zone. Whenever
such "20 MPH SCHOOL ZONE" signs are displayed within the school safety
zone, the maximum speed limit for the operation of any motor vehicle within the
safety zone shall be twenty miles per hour (20 mph).
All operators of motor vehicles within the school safety zone shall at
all times stop and yield the right-of-way to pedestrians in the marked school
crosswalks. All persons operating a
motor vehicle or vehicles within the above described school safety zone shall
observe and obey all traffic signs and signals within said zone, and shall not
operate a motor vehicle in said zone in excess of 20 miles per hour.
Any person found guilty of violating any provision of this section shall
be deemed guilty of a misdemeanor and upon conviction thereof shall be punished
by a fine of not less than $10 nor more than $100 or by imprisonment for not
more than 30 days, or by both such fine and imprisonment.
(Code 1971, 15-207)
16-208. OPERATOR'S LICENSES; MINORS.
The City of Hugoton, Kansas, hereby requests the Motor Vehicle Department
of the State Department of Transportation not to issue operator's licenses to
minors under the age of 16 years residing in the city except upon the showing of
necessity as provided in K.S.A. 8-237. (Code
16-209. CARELESS OR INATTENTIVE DRIVING.
(a) It shall be unlawful for
any person to drive or operate a vehicle upon the streets, alleys, or highways
of the city in a careless or heedless manner or in an inattentive manner, or
without due caution and circumspection, or in any manner not constituting
reckless driving but so as to endanger any person or property.
(b) Every person convicted of
the provisions of this section shall be punished for first conviction thereof by
a fine of not more than $100, or by imprisonment for not more than 10 days, or
by both such fine of not more than $100, or by imprisonment for not more than 10
days, or by both such fine and imprisonment.
For a second such conviction within one year following a first
conviction, such person shall be punished by a fine of not more than $200, or by
imprisonment for not more than 20 days, or by both such fine and imprisonment.
Upon a third or subsequent conviction within one year following a first
conviction, any such person violating the provision of this section shall be
punished by a fine of not more than $500, or by imprisonment for not more than
six months, or by both such fine and imprisonment.
16-210. PENALTY. Unless
otherwise specified, any person who shall violate any provisions of sections
16-201:209 shall, upon conviction thereof, be fined in any sum not to exceed $50
for the first offense, and for each subsequent offense shall be fined not more
than $100 or be imprisoned for not to exceed three months, or be both so fined
and imprisoned. (Code 1971, 15-210)
16-211. TRUCK, TRAILER PARKING.
It shall be unlawful for any person, firm or corporation to park any
truck with a registered gross weight exceeding 24,000 pounds, or any bus,
recreational vehicle, trailer, truck tractor, semi-trailer, or the trailer
component thereof regardless of weight, upon any street or alley in the city
except as provided in section 16-212(c).
16-212. SAME; EXCEPTIONS. (a)
Any truck, bus, recreational vehicle, trailer, truck tractor,
semi-trailer, or the trailer component thereof, may be parked on any street or
alley in the city for so long as may be necessary to make deliveries of cargo
therefrom to stores, residences or business establishments in the city, or to
load cargo into such trailers from the premises for delivery elsewhere.
(b) No truck, bus,
recreational vehicle, trailer, truck tractor, semi-trailer, or the trailer
component thereof, may be parked upon any street or alley of the city longer
than four hours as a rest period for the driver thereof, provided it is parked
in such manner as not to obstruct traffic on such street or alley or obstruct
entrance to or exit from the properties adjoining the street or alley where it
is parked, or endanger public safety.
(c) An exception of eight
hours to this section shall apply to the parking of trucks, buses, recreational
vehicles, trailers, truck tractors, semi-trailers, or the trailer components
thereof, in case of breakdown or emergency necessitating such parking.
(Ord. 518, Sec. 2)
16-213. SAME; PENALTY. Every
person, firm or corporation convicted of a violation of any of the provisions of
sections 16-211:212 shall, for the first conviction thereof, be punished by a
fine of not more than $100 or by imprisonment of not more than 10 days, or by
both such fine and imprisonment; and for a subsequent conviction within one year
thereafter, shall be punished by fine of not more than $200 or by imprisonment
of not more than 20 days or by both such fine and imprisonment; upon a third or
subsequent conviction within a one year period after the first conviction such
person shall be punishable by a fine of not more than $500, or by imprisonment
of not more than six months or by both such fine and imprisonment.
Each day of violation constitutes a new and separate offense.
(Ord. 518, Sec. 3)
LOUD SOUND AMPLIFICATION SYSTEMS PROHIBITED.
(a) No person operating or
occupying a motor vehicle on a street, highway, alley, parking lot, or driveway
shall operate or permit the operation of any sound amplification system from
within the vehicle so that the sound is plainly audible at a distance of 50 or
more feet from the vehicle.
(b) Sound amplification
system means any radio, tape player, compact disc player, loud speaker, or
other electronic device used for the amplification of sound.
(c) Plainly audible
means any sound produced by a sound amplification system from within the
vehicle, which clearly can be heard at a distance of 50 feet or more.
Measurement standards shall be by the auditory senses, based upon direct
line of sight. Words or phrases need
not be discernible and bass reverberations are included.
The motor vehicle may be stopped, standing, parked or moving on a street,
highway, alley, parking lot, or driveway.
(d) It is an affirmative
defense to a charge under this section that the operator was not otherwise
prohibited by law from operating the sound amplification system, and that any of
the following apply:
The system was being operated to request medical or vehicular assistance
or to warn of a hazardous road condition;
The vehicle was an emergency or public safety vehicle;
The vehicle was owned and operated by the City of Hugoton or a gas,
electric, communications or refuse company;
The system was used for the purpose of giving instructions, directions,
talks, addresses, lectures or transmitting music to any persons or assemblages
of persons in compliance with ordinances of the City of Hugoton;
The vehicle was used in authorized public activities, such as parades,
fireworks, sports events, musical productions and other activities which have
the approval of the department of the City authorized to grant such approval.
(Ord. 612, Sec. 1)
16-215. SAME; PENALTY. Any
person, individual, partnership, corporation or association who violates any of
the provisions of this ordinance is guilty of an ordinance violation, and upon
conviction, shall be punished by a fine not to exceed $500.00 or by imprisonment
of not more than six months, or by both such fine and imprisonment.
Each day any violation hereof is found to exist or continues to exist
shall be a separate offense and punishable as such hereunder.
(Ord. 612, Sec. 2)
UNLAWFUL OPERATION OF ALL-TERRAIN AND UNREGISTERED VEHICLES.
(a) Except as provided
herein, it shall be unlawful for any person to operate an all-terrain vehicle,
unregistered motorcycle, or unregistered motor vehicle upon the streets, alleys,
or highways within the corporate limits of the City of Hugoton, or within
drainage easements of the City of Hugoton.
(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 Stevens 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, provided such
vehicles are properly identified, per applicable Kansas Department of
Transportation standards, as slow moving vehicles and are operated at less than
(c) Notwithstanding the
provisions of subsection (a), all-terrain vehicles owned and operated by
employees of Unified School District No. 210 may be allowed to operate such
all-terrain vehicles upon the streets, alleys or highways within the City for
the maintenance of the district’s facilities, provided such vehicles are
properly identified, per applicable Kansas Department of Transportation
standards, as slow moving vehicles and are operated at less than 10 m.p.h.
the provisions of subsection (a), the Governing Body of the City or the Chief of
Police, may authorize the operation of such all-terrain vehicles, unregistered
motorcycles or unregistered motor vehicles: (i) to participate in parades or
other public functions, or (ii) be operated when the use of the highway by other
motor vehicles is impossible because of snow.
restrictions of subsection (a) shall not apply for all-terrain vehicles being
operated in a safe and responsible manner at speeds less than 10 m.p.h. for the
purpose of transporting such all-terrain vehicle to and from the
owner/operator’s residence to the nearest corporate limits of the city by the
most direct route.
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.
(g) As used herein, an
all-terrain vehicle is defined as being any motorized non-highway vehicle 45
inches or less in width, having a dry weight of 650 pounds or less, traveling on
three or more low-pressure tires, and having a seat to be straddled by the
operator. As used in this subsection, “low pressure tire” means any
pneumatic tire six inches or more in width, designed for use on wheels with rim
diameter of 12 inches or less, and utilizing an operating pressure of 10 pounds
per square inch or less as recommended by the vehicle manufacturer.
used herein, an unregistered motor vehicle is defined as being a motor vehicle
which does not have a registration certificate or certificates and registration
plates issued under the laws of the State of Kansas pertaining to the
registration of vehicles, including, but not limited to: all-terrain vehicles,
motorcycles, go-karts, dune-buggies, tracked vehicles, snowmobiles, and
competition motor vehicles.
Any person who has been convicted of a violation of any provisions of this
Section may be sentenced to pay a fine which shall be fixed by the Municipal
Court of the City of Hugoton, a minimum of $100, but not exceeding $500.
with State Statutes. To the extent that this ordinance is construed as being less restrictive
than the provisions of Kansas statutes, the State statutes shall prevail. In
particular, this Ordinance shall not be construed as allowing the operation of
all-terrain vehicles upon a state highway or federal highway. (Ord. 683)
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