Chapter XIV – Traffic

CHAPTER XIV.  TRAFFIC

Article 1.  Standard Traffic Ordinance

Article 2.  Local Traffic Regulations

Article 3.  Parking, Braking, and Speed Restrictions

Article 4.  Hazardous Materials

Article 5.  Authorized Vehicles

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ARTICLE 1.  STANDARD TRAFFIC ORDINANCE

14-101.         INCORPORATING STANDARD TRAFFIC ORDINANCE.  There is hereby incorporated by reference for the purpose of regulating traffic within the corporate limits of the City of Jetmore, Kansas, that certain standard traffic ordinance known as the “Standard Traffic Ordinance for Kansas Cities,” Edition of 2017, prepared and published in book form by the League of Kansas Municipalities, Topeka, Kansas. No fewer than three copies of said Standard Traffic Ordinance shall be marked or stamped “Official Copy as Adopted by Ordinance No. 654”, 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 such Standard Traffic Ordinance similarly marked, as may be deemed expedient.

(Code 2015; Ord. 654, Sec. 1)

14-102.         SAME; TRAFFIC INFRACTIONS AND TRAFFIC OFFENSES.  (a)  An ordinance traffic infraction is a violation of any section of this article 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. 8-2118.

(b)   All traffic violations which are included within this article, and which are not ordinance traffic infractions as defined in subsection (a) of this section, shall be considered traffic offenses.

(Code 2015; Ord. 654, Sec. 2)

14-103.         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 nor more than $500, except for speeding which shall not be less than $19 nor more than $500. 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 $2,500. (Ord. 603, Sec.2; Code 2015; Ord. 654, Sec. 3)

ARTICLE 2.  LOCAL TRAFFIC REGULATIONS

14-201.                TRAFFIC CONTROL DEVICES AND MARKINGS.  The Standard Traffic Ordinance as adopted is hereby modified by adding thereto the following:

The governing body may, by resolution, establish and fix the location of such traffic control devices as may be deemed necessary to guide and warn traffic under the provisions of this chapter, other traffic ordinances and the state laws.  The city shall place and maintain such traffic control signs, signals and devices when and as may be required by the authority of the governing body to make effective the provisions of this chapter and other ordinances for the regulation of traffic.  Any official traffic control device placed pursuant to this section shall be marked and labeled on a map of the City of Jetmore for the purpose of displaying all such traffic control devices and shall be filed with the city clerk to be open to inspection and available to the public at all reasonable hours of business. (Code 2015)

14-202.                CARELESS DRIVING. It shall be unlawful for any person to drive or operate a vehicle upon any street or alley or driveway in a careless or heedless manner, or without due caution and circumspection or in a manner so as to needlessly endanger or to be likely to endanger any person or property. (Code 2015)

ARTICLE 3.  PARKING, BRAKING, AND SPEED RESTRICTIONS

14-301.                PARKING RESTRICTIONS. (a) It is unlawful for the owner or operator of any commercial truck, truck tractor, or semi-trailer to park said vehicle on any street in the City of Jetmore, Kansas, except in City-designated truck parking areas, it being specifically intended that no truck, truck-tractor or semi-trailer shall park on any street for any period of time in excess of two (2) hours, and only if such truck, truck-tractor and semi-trailer is left connected during such parking.

(b)    It shall be unlawful for the owner or operator of any farm truck which is loaded and weighs in excess of ten thousand (10,000) pounds to park said farm truck upon any street in the City of Jetmore, Kansas, it being specifically intended that no farm truck which is loaded and weighs more than ten thousand (10,000) pounds shall park on any street for a period of more than two (2) hours.

(c)    All trucks provided for in sections (a) and (b) may be parked in the business district on Main Street provided for parallel parking of vehicles or anywhere around the Courthouse Square, but in no event for a period of time of more than two (2) continuous hours.

(d)    All trucks may park at any time upon the City Truck Parking Lot, located on the west side of the 1200 block of Main Street, but in no event for a period of time of more than ninety-six (96) continuous hours.

(e)    No motor vehicle may park on the public-right-of-way on the south side of highway U.S. 156 within the City of Jetmore, between Main Street and Kenyon Street, as extended to highway U.S. 156.

(f)     No trailer may be parked for a period of more than forty-eight continuous hours on any street within the City of Jetmore.

(Ord. 454, Sec. 1; Ord. 487, Sec. 1; Ord. 510, Sec. 1; Ord. 594, Sec. 1:4; Ord. 601, Sec. 3:4; Code 2015)

14-302.                PARKING ZONES.  (a)  Parallel parking is permitted on the following streets:

(1)       The west side of Douglas Street from Wash Street ½ block south.

(2)       The north side of Highway Street from Main Street to Roughton Street.

(3)       The east side of Main Street from Bramley Street to Highway Street.

(4)       The east side of Main Street from Highway Street to Best Street.

(5)       The west side of Main Street from Wast Street to Best Street.

(6)       Main Street from Bramley Street to Tucker Street.

(7)       The south side of Wash Street from Main Street to the first alley west of Main Street.

(b)    Angle parking at the angle indicated on the curb, sidewalk or pavement or by signs is hereby permitted on the following streets:

(1)       Bramley Street from Bowlus Street to the first alley west of Main Street.

(2)       The south side of Bramley Street from the first alley west of Main Street to the first alley east of Bowlus Street.

(3)       The east side of Bowlus Street from Bramley Street to Highway Street.

(4)       The south side of Highway Street from the first alley east of Bowlus Street to the first alley west of Main Street.

(5)       The north side of Wash Street from Main Street to the first alley west of Main Street.

(6)       North side of Wash Street from Main Street to the first alley east.

(7)       North side of Best Street from Atkin Street to Kenyon Street.

(8)       East side of Atkin Street from Park Street to ½ block south.

(9)       South side of Bramley Street from Edison to 1 ½ blocks east.

(10)     North side of Bramley Street from Douglas Street to the first alley west.

(11)     The east side of Niederacher Street from Bramley Street to Wash Street.

(12)     The west side of Clay Street from Bramley Street ½ block north.

(13)     The north side of Bramley Street from Clay Street to the first alley west of Clay Street.

(14)     The west side of Main Street from Wash Street to Bramley Street.

(15)     The west side of Bowlus Street from Bramley Street to Highway Street.

(16)     The north side of Highway Street from Niederacher Street to Howard Street. (Ord. 393, Sec. 1; Ord. 443, Sec. 1; Code 2015)

14-303.                SPINNING TIRES.  No person shall purposefully move or start a motor vehicle from a stop, accelerate a moving motor vehicle, or turn in such a manner as to cause spinning, sliding, or squealing of tires, or use compression release engine braking on said motor vehicle. (Ord. 488, Sec. 1; Ord. 525, Sec. 1; Code 2015)

14-304.                SPEED LIMITS.  (a)  The speed limit for the area known as Hunter Park, located south of Park Street between the Buckner Creek and Atkin Street, consisting of, but not limited to, the pool, ball diamonds, fair ground, and 4H Building, shall be ten miles per hour.

(b)    The speed limit for the portion of Park Street between Roughton Street and Atkin Street shall be twenty miles per hour. (Ord. 433, Sec. 1:2; Code 2015)

14-305.                PENALTIES.  Unless specifically provided, a violation of this section shall be deemed an ordinance traffic infraction. Upon an entry of a plea of guilty or no contest or upon being convicted of such violation, the penalty imposed shall be in accordance with Section 201, 2017 Standard Traffic Ordinance. (Code 2015)

ARTICLE 4.  HAZARDOUS MATERIALS

14-401.                HAZARDOUS MATERIAL DEFINED. As used in this article, the term hazardous material shall mean any material or combination of materials which, because of its quantity, concentration, or physical, chemical, biological, or infectious characteristics, poses a substantial present or potential hazard to human health or safety or the environment if released into the workplace or environment or when improperly treated, stored, transported, or disposed of or otherwise managed. (Code 2015)

14-402.                SAME; EXCEPTIONS.  The provisions of this article shall not apply to any container which shall have a capacity of 150 gallons or less which shall be used for the purpose of supplying fuel for the vehicle on which it is mounted. These provisions shall also not apply to vehicles, trailers, containers or tanks containing anhydrous ammonia or other material primarily used by farmers for fertilizer purposes when such vehicles, trailers, containers or tanks are parked or housed upon property designated for the placement of such vehicle, trailer, container or tank by any farmers cooperative, elevator company or farm supply store located within the city limits. (Code 2015)

14-403.                TRANSPORTATION OF HAZARDOUS MATERIALS.  Except as provided in section 14-404 it shall be unlawful for any person, firm, corporation or other entity to transport any hazardous material upon any street, avenue, highway, road, alley or any other public right-of-way in the city. (Code 2015)

14-404.                HAZARDOUS MATERIALS ROUTES.  The provisions of section 14-403 shall apply to all streets, avenues, highways, roadways, alleys or other public right-of-ways within the city except those specified within this section where transportation of hazardous materials shall be allowed. Transportation of hazardous materials shall be allowed upon the following streets, avenues, highways or roadways:

(a)    KS 156

(b)    US 283 (Code 2015)

14-405.                PARKING OF VEHICLES OR TRAILERS CARRYING HAZARDOUS MATERIALS.

(a)    Except as provided in subsections (b) and (c), it shall be unlawful for any person, firm, corporation or other entity to park any vehicle, trailer or semi-trailer carrying any hazardous material within any of the following city zoning districts as defined in Chapter 16 of this code:

(1)       (Reserved)

(b)    Subsection (a) shall not apply to vehicles, trailers or semi-trailers parked for continuous periods of time not to exceed one hour where such vehicles, trailers or semi-trailers are parked along those routes specified in section 14-404 of this code.

(c)    Subsection (a) shall not apply to any vehicle, trailer or semi-trailer carrying any hazardous material where such vehicle, trailer or semi-trailer is not parked within 500 feet of any structure used for human habitation. (Code 2015)

14-406.                REMOVAL OF ILLEGALLY PARKED TRAILERS.  If any vehicle, trailer or a semi-trailer is found parked in violation of the provisions of this article, the fire chief or assistant chief or any law enforcement officer may require the owner, operator or lessee of the trailer to move it within two hours. If such removal is not accomplished on the order of any such officer, it may be accomplished by any such officer, by any reasonable means, if the continued presence of the trailer or semi-trailer at its parked location constitutes, adds to or prevents correction of a situation threatening imminent injury or damage to persons or property. (Code 2015)

ARTICLE 5.  AUTHORIZED VEHICLES.

14-501.                AUTHORIZED VEHICLES. In lieu of Section’s 114.1, 114.4, and 114.5 of the “Standard Traffic Ordinance for Kansas Cities,” Edition of 2012, this section authorizes the use certain non-conventional motor vehicles. (Ord. 575, Art. 1:3; Code 2015)

14-502                 OPERATION OF WORK-SITE UTILITY VEHICLES.  (a)  Work-site utility vehicles may be operated upon the public highways, streets, roads and alleys within the corporate limits of the city.

(b)    No work-site utility vehicle shall be operated on any public highway, street, road or alley between sunset and sunrise unless such vehicle is equipped with lights as required by law for motorcycles. No work-site utility vehicle shall be operated on any interstate highway, federal highway or state highway.

(c)    No person shall operate a work-site utility vehicle on any federal or state highways. This includes state highways KS156 and US283 (Main Street).

(1)       Subsection (c) shall not prohibit a work-site utility vehicle from crossing a federal or state highway.

(d)    Every person operating a work-site utility vehicle on the public highways, streets, roads and alleys of the city shall be subject to all of the duties applicable to a driver of a vehicle imposed by law.

(e)    “Work-site utility vehicle” means any motor vehicle which is not 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 a micro utility truck.

(f)     No person shall operate a work-site utility vehicle on any public highway, street, road or alley within the corporate limits of the city unless such person has a valid driver’s license. Violation of this section is punishable by a fine of not more than $500 or by imprisonment for not more than one month or by both such fine and imprisonment.

(g)    Every owner of a work-site utility vehicle shall provide liability coverage in accordance with Section 200 of the 2012 Standard Traffic Ordinance, and amendments thereto, and the Kansas Automobile Injury Reparations Act, K.S.A. 40-3101, et seq., and amendments thereto.

(h)    All provisions of Section 200 of the 2012 Standard Traffic Ordinance, and amendments thereto, including penalty provisions, shall be applicable to all owners and operators of work-site utility vehicles.

(i)      It shall be unlawful for any person to:

(1)       Operate, or for the owner thereof knowingly to permit the operation, upon a public street, road, highway, or alley within the corporate limits of the city any work-site utility vehicle, as defined herein, which is not registered and which does not have attached thereto and displayed thereon the license assigned thereto by the city for the current registration year.

(2)       Display, cause or permit to be displayed, or to have in possession, any registration receipt, registration license or registration decal knowing the same to be fictitious or to have been canceled, revoked, suspended or altered. A violation of this subsection (2) shall constitute an unclassified misdemeanor punishable by a fine of not less than $25.00 and forfeiture of the item. A mandatory court appearance shall be required of any person violating this subsection.

(3)       Lend to or knowingly permit the use by one not entitled thereto any registration receipt, 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, plates or decals, or any other mark of identification upon any work-site utility vehicle. Licenses shall be kept clean and placed as required by law so as to be plainly visible and legible.

(5)       Carry or display a registered number plate or plates or registration decal upon any work-site utility vehicle not lawfully issued for such vehicle.

(6)       Any person convicted of a violation of any of the provisions of it, shall for the first conviction thereof be punished by a fine of not more than $25.00; for a second such conviction within one year thereafter, such person shall be punished by a fine of not more than $50.00; 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 $75.00. (Ord. 575, Art. 1; Code 2015)

14-503                 OPERATION OF ALL-TERRAIN VEHICLES.  (a)  All-terrain vehicles may be operated upon the public highways, streets, roads and alleys within the corporate limits of the city. All all-terrain vehicles are entitled to full use of a lane, and no motor vehicle shall be driven in such a manner as to deprive any all-terrain vehicle of the full use of a lane. This subsection shall not apply to all-terrain vehicles operated two (2) abreast in a single lane.

No person shall operate an all-terrain vehicle on any federal or state highways. This includes state highways KS156 and US283 (Main Street).

(1)       Subsection (1) shall not prohibit an all-terrain vehicle from crossing a federal or state highway.

(2)       The operator of an all-terrain vehicle shall not overtake and pass in the same lane occupied by the vehicle being overtaken.

(3)       No person shall operate an all-terrain vehicle between lanes of traffic or between adjacent lines or rows of vehicles.

(4)       All-terrain vehicles shall not be operated more than two (2) abreast in a single lane.

(5)       Subsections (2) and (3) shall not apply to police officers in the performance of their official duties.

(b)    No all-terrain vehicle shall be operated on any public highway, street, road or alley between sunset and sunrise unless equipped with lights as required for motorcycles.

(c)    Every person operating an all-terrain vehicle on the public highways, streets, roads and alleys of the city shall be subject to all of the duties applicable to a driver of a vehicle imposed by law.

(d)    A person operating an all-terrain vehicle 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 all-terrain vehicle, unless such all-terrain vehicle is designed to carry more than one (1) person, in which event a passenger may ride upon the permanent and regular seat if designed for two (2) persons, or upon another seat firmly attached to the all-terrain vehicle at the rear or side of the operator.

(e)    A person shall ride upon an all-terrain vehicle only while sitting astride the seat, facing forward, with one leg on each side of the all-terrain vehicle.

(f)     No person shall operate an all-terrain vehicle while carrying any package, bundle, or other article which prevents such person from keeping both hands on the handlebars.

(g)    No operator shall carry any person, nor shall any person ride, in a position that will interfere with the operation or control of the all-terrain vehicle or the view of the operator.

(h)    No person shall operate an all-terrain vehicle on any public highway, street, road or alley within the corporate limits of the 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.

(i)      No person riding upon an all-terrain vehicle shall attach himself, herself or the all-terrain vehicle to any other vehicle on a roadway.

(j)      No person under the age of 18 years shall operate or ride upon an all-terrain vehicle 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.

(k)    No person shall operate an all-terrain vehicle unless such person 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 all-terrain vehicle is equipped with a windscreen which has a minimum height of 10 inches measured from the center of the handlebars.

(l)      “All-terrain vehicle” means any motorized non-highway vehicle 48 inches or less in width, having a dry weight of 1,000 pounds or less, traveling on three or more non-highway tires, and having a seat to be straddled by the operator. As used in this subsection, “non-highway tire” means any pneumatic tire six inches or more in width, designed for use on wheels with rim diameter of 12 inches or less.

(m)   Unless specifically provided herein, a violation of any provision in sections (a) through (l) shall be deemed an ordinance traffic infraction. Upon an entry of a plea of guilty or no contest or upon being convicted of such violation, the penalty imposed shall be in accordance with Section 201, 2012 Standard Traffic Ordinance, and amendments thereto, or such other similar provision as the city may then have in effect. (Ord. 575, Art. 3; Code 2015)

14-504.                OPERATION OF GOLF CARTS.  (a)  Golf carts may be operated upon the public highways, streets, roads and alleys within the corporate limits of the city.

(b)    No golf cart shall be operated on any public highway, street, road or alley between one-half (½) hour before sunset and one-half (½) hour after sunrise, unless equipped with front headlights and rear taillights that are clearly visible as set out and required for motor-scooters under Kansas statutes and regulations

(c)    No person shall operate a golf cart on any federal or state highways. This includes state highways KS156 and US283 (Main Street).

(1)       Subsection (c) shall not prohibit a golf cart from crossing a federal or state highway.

(d)    Every person operating a golf cart on the public highways, streets, roads and alleys of the city shall be subject to all of the duties applicable to a driver of a vehicle imposed by law.

(e)    No person shall operate a golf cart on any public highway, street, road or alley within the corporate limits of the city unless such person is sixteen (16) years of age or older, familiar with vehicle traffic law, rules and regulations, and their driving privileges have not been suspended or revoked.

(f)     “Golf cart” means a motor vehicle designed to be operated on a golf course for sporting or recreation purposes and is not capable of exceeding more than 25 miles per hour.

(g)    Before operating any golf cart on any public highway, street, road or alley within the corporate limits of the city, the vehicle shall be registered with the city and a registration license plate or decal shall be obtained for the vehicle. The registration license plate issued by the city clerk shall be valid through December 31 of the year for which it is issued.

(h)    Before the city clerk issues any annual registration license plate or decal for a golf cart vehicle, the owner must provide proof of motor vehicle insurance in accordance with the Kansas Automobile Injury Reparations Act and pay the annual registration license plate or decal fee set by the Jetmore city council.

(i)      Unless specifically provided herein, a violation of this section shall be deemed an ordinance traffic infraction. Upon an entry of a plea of guilty or no contest or upon being convicted of such violation, the penalty imposed shall be in accordance with Section 201, 2012 Standard Traffic Ordinance. (Ord. 575, Art. 2; Ord. 619, Sec. 1; Code 2015)