Code 16

 

                               CHAPTER XVI.  TRAFFIC AND MOTOR VEHICLES

 

 

                                                Article 1.  Standard Traffic Ordinance

                                                Article 2.  Local Traffic Regulations

 

 

                                                ______________________________

 

 

                                  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, Sec. 1)

 

            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)

 

            16-206.  RESTRICTED 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, 15-206)

 

            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 1971, 15-208)

 

            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.  (Ord. 508)

 

            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)

 

            16-214.  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:

(1)        The system was being operated to request medical or vehicular assistance or to warn of a hazardous road condition;

            (2)        The vehicle was an emergency or public safety vehicle;

(3)        The vehicle was owned and operated by the City of Hugoton or a gas, electric, communications or refuse company;

(4)        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;

(5)        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)

 

            16-216.  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 10 m.p.h..

            (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.

(d)  Notwithstanding 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.

(e)   The 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.

(f)    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.

(h)   As 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.

(i)     Penalty. 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.

(j)    Conflict 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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