(a)   There is hereby incorporated by reference for the purpose of regulating traffic within the corporate limits of the City of Deerfield, Kansas, that certain standard traffic ordinance known as the Standard Traffic Ordinance for Kansas Cities, 51st Edition, prepared and published in book form by the League of Kansas Municipalities, Topeka, Kansas, hereinafter referred to as Standard Traffic Ordinance, save and except such articles, sections, parts, or portions as are hereafter omitted, deleted, modified, added, or amended. One official copy of the Standard Traffic Ordinance shall be marked or stamped “Official Copy as Adopted by Ordinance 2024-03”, with all sections or portions thereof intended to be omitted or changed clearly marked to show any such omission or change and to which shall be attached a copy of this article or said ordinance, and filed with the City Clerk to be open to inspection and available to the public at all reasonable hours. All references to the Standard Traffic Ordinance as adopted and incorporated into this Code shall be in a form designating Section 14-101 followed in parenthesis followed by the section number of the Standard Traffic Ordinance, as incorporated. (For example, Section 33 of the Standard Traffic Ordinance as incorporated shall be referred to as Section 14-101(33).)

(b)   Omissions. The following sections contained in Articles 8 and 14 of the Standard Traffic Ordinance are hereby omitted and deleted:

(c)   Definitions.

(a)   As used in the Standard Traffic Ordinance, as incorporated, and as used in other traffic ordinances of the city, the words and phrases defined in Section 1 of Article 1 of the Standard Traffic Ordinance shall have the meanings respectively ascribed to them therein and any such definitions are hereby incorporated by reference as if fully set forth herein, except as expressly provided in subsection (b) or except when the context otherwise requires.

(b)   Notwithstanding the definitions of Section 1 of Article 1 of the Standard Traffic Ordinance as incorporated by subsection (a), the following words and phrases shall have the meanings ascribed to them as set forth below:

(1)   Electric Personal Assistive Mobility Device. Electric Personal Assistive Mobility Device means: (A) A self-balancing two (2) nontandem wheeled device, designed to transport only one (1) person, with an electric propulsion system that limits the maximum speed of the device to fifteen (15) miles per hour or less; or (B) a self-balancing device with one (1) wheel designed to transport only one (1) person by an electric propulsion system with an average power of two thousand watts (two and two-thirds horsepower) having a maximum speed on a paved level surface, when powered solely by such propulsion system, of less than twenty (20) miles per hour.

(d)   Amendment. Section 23 of the Standard Traffic Ordinance, also referred to as 14-101(23) of the Code, is hereby amended to read as follows:

Section 23. Accident Involving Personal Injuries or Damage to Attended Vehicle or Property; Duties of Drivers, Reports; Penalties.

(a)   The driver of any vehicle involved in an accident resulting in injury to any person or damage to any attended vehicle or property shall immediately stop such vehicle at the scene of such accident, or as close thereto as possible, but shall then immediately return to and in every event shall remain at the scene of the accident until the driver has fulfilled the requirements of Section 25.

(b)   Violation of subsection (a) when an accident results in:

(1)   Total property damages of less than $1,000 is a traffic offense and, upon conviction, shall be punished as provided in subsection (d) of Section 201. For the purposes of determining whether a conviction is a first, second, third, or subsequent conviction in sentencing under this subsection, the term “conviction” includes a conviction of a violation of any ordinance of any city, or resolution of any county, or a law of any state that is in substantial conformity with subsection (a). It is irrelevant whether an offense occurred before or after conviction for a previous offense.

(2)   Total property damages of $1,000 or more is a traffic offense and, upon conviction, shall be punished by a fine of not more than $2,500 or by imprisonment of not more than one (1) year, or by both such fine and imprisonment.

(3)   Injury to any person is a traffic offense and, upon conviction, shall be punished by a fine of not more than $2,500 or by imprisonment of not more than one (1) year, or by both such fine and imprisonment.

(c)   The driver of any vehicle involved in an accident set forth in subsection (a) shall comply with the provisions of section 26.1.

(e)   Amendment. Section 29 of the Standard Traffic Ordinance, also referred to as 14-101(29) of the Code, is hereby amended to read as follows:

Section 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 (5) days nor more than 90 days’ imprisonment or fined not less than $25 nor more than $500, or sentenced to 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 ten (10) days nor more than six (6) months imprisonment or fined not less than $50 nor more than $500, or sentenced to both such fine and imprisonment.

(f)   Amendment. Section 33 of the Standard Traffic Ordinance, also referred to 14-101(33) of the Code, is hereby amended to read as follows:

Section 33. Maximum Speed Limits.

(a)   Except when a special hazard exists that requires lower speed for compliance with Section 14-101(32) of the Deerfield City Code, the limits specified in this section or established as authorized by law, including, but not limited to, K.S.A. 8-1559 or K.S.A. 8-1560, and amendments thereto, shall be maximum lawful speeds, and no person shall drive a vehicle at a speed in excess of such maximum limits:

(1)   In any business district or designated school zone, 20 mph;

(2)   In any residence district, 20 mph; and

(3)   In all other locations, 55 mph.

(b)   The maximum speed limit established by or pursuant to this section shall be of force and effect regardless of whether signs are posted giving notice thereof and notwithstanding any signs giving notice of maximum speed limit in excess thereof. Any sign giving notice of a maximum speed limit in excess of the limits established by or pursuant to this section shall not be of any force or effect.

(c)   Whenever any appropriate sign shall be placed by lawful authority along any street or parking or marked on any curb, or otherwise giving notice of any prohibited or special use of the street or highway adjacent thereto or limiting the speed of vehicles in such zones or controlling the use thereof, it shall be unlawful for any person to refuse or fail to comply with such signs or directions.

(d)   The maximum speed limits in this section have been and may continue to be altered by the City pursuant to K.S.A. 8-1560, and amendments thereto, or by the Secretary of the Kansas Department of Transportation pursuant to K.S.A. 8-1559, and amendments thereto.

(e)   In the event that the maximum speed limit established by or pursuant to this section is greater than any special speed limitation applicable to certain vehicles pursuant to the Deerfield City Code, including, but not limited to, Sections 14-101(33.1) or 14-101(35), any such special speed limitation shall control the maximum speed limit for such vehicle.

(g)   Amendment.  Section 107 of the Standard Traffic Ordinance, also referred to 14-101(107) of the Code, is hereby amended to read as follows:

Section 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 on any street or highway 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.

(h)   Amendment. Section 114.1 of the Standard Traffic Ordinance, also referred to as the 14-101(114.1) of the Code is hereby amended to read as follows:

Section 114.1. Unlawful Operation of All-Terrain and Recreational Off-Highway Vehicles.

(a)   Operation of an all-terrain vehicle or recreational off-highway vehicle is authorized within the corporate limits of the City, subject to the provisions of this section.

(b)   The width and weight restrictions and limitations for all-terrain vehicles and recreational off-highway vehicles in Article 1, Section 1, Definitions, shall not apply to any such vehicle operated in the City.

(c)   Except as provided in subsections (d), (e), and (f), it shall be unlawful for any person to operate an all terrain vehicle or recreational off-highway vehicle on any interstate highway, federal highway, or state highway.

(d)   Notwithstanding the provisions of subsection (c), the operation of any all-terrain vehicle or recreational off-highway vehicle owned and operated by a county noxious weed department or any such vehicle owned and operated by persons contracting with a county noxious weed department or the Kansas department of transportation is authorized upon the right-of-way of any federal highway or state highway for the purpose of eradicating noxious weeds and any such vehicle may be operated incidentally upon such federal highway or state highway.

(e)   Notwithstanding the provisions of subsection (c), all-terrain vehicles and recreational off-highway vehicles may be operated to cross a federal highway or state highway.

(f)   Notwithstanding the provisions of subsection (c), persons engaged in agricultural purposes may operate an all-terrain vehicle or recreational off-highway vehicle on a federal highway or state highway under the following conditions:

(1)   The operator of any such vehicle must be a licensed driver and be operating within the restrictions of the operator’s license;

(2)   The federal highway or state highway must have a posted speed limit of sixty-five (65) miles per hour or less;

(3)   The operator of any such vehicle must operate the vehicle as near to the right side of the roadway as practicable, except when making or preparing to make a left turn; and

(4)   The purpose of the trip using any such vehicle must be for agricultural purposes.

(g)   No person shall operate any all-terrain vehicle or recreational off-highway vehicle on any public highway, street, or road at any time after sunset and before sunrise unless such vehicle is equipped with lights in compliance with the Deerfield City Code for motorcycles.

(i)    Amendment. Section 114.4 of the Standard Traffic Ordinance is hereby amended to read as follows:

Section 114.4. Unlawful Operation of a Golf Cart.

(a)   Operation of a golf cart is authorized within the corporate limits of the City, subject to the provisions of this section.

(b)   It shall be unlawful for any person to operate a golf cart:

(1)   On any interstate highway, federal highway, or state highway; or

(2)   On any street or highway with a posted speed limit greater than thirty (30) miles per hour.

(c)   The provisions of subsection (b) shall not prohibit a golf cart from crossing a federal or state highway or a street or highway with a posted speed limit in excess of 30 miles per hour.

(d)   No person shall operate a golf cart on any public street or highway at any time after sunset and before sunrise.

(e)   No person shall operate any golf cart on any public highway, street, or road at any time after sunset and before sunrise unless such vehicle is equipped with:

(1)   Lights in compliance with the Deerfield City Code for motorcycles; and

(2)   A properly mounted slow-moving vehicle emblem as required by Section 158.1 of the Deerfield City Code.

(j)    Amendment. Section 115 of the Standard Traffic Ordinance, also referred to as 14-101(115) of the Code, is hereby amended to read as follows:

Section 115. Unlawful Riding on Vehicles; Persons 14 years of Age and Older.

(a)   It shall be unlawful for any person fourteen (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)   It shall be unlawful for the operator of any vehicle to allow any person (fourteen) 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 ordinance, resolution, or law.

Ref: For persons under fourteen (14) years of age, see Section 182.2.

(k)   Amendment. Section 116 of the Standard Traffic Ordinance, also referred to as 14-101(116) of the Code, is hereby amended to read as follows:

Section 116. Driving Upon Sidewalk.

(a)   No person shall drive any vehicle upon a sidewalk or sidewalk area except upon a permanent or duly authorized temporary highway.

(b)   The provisions of subsection (a) shall not apply to an electric-assisted scooter.

(l)    Amendment. Section 135.1 of the Standard Traffic Ordinance, also referred to as 14-101(135.1) of the Code, is hereby amended to read as follows:

Section 135.1. Electric-Assisted Scooters, Traffic Law Application.

(a)   It shall be unlawful for any person to operate an electric-assisted scooter on any interstate highway, federal highway, or state highway.

(b)   Notwithstanding the provisions of subsection (a), traffic regulations applicable to bicycles, Sections 127 to 133, inclusive, shall be applicable to electric-assisted scooters.

(c)   Every person operating an electric-assisted scooter upon a street or highway at less than the normal speed of traffic shall ride as near to the right side of the street or highway as practicable except when:

(1)   Preparing to make a left turn at an intersection or into a private drive or roadway; or

(2)   Reasonably necessary to avoid conditions including, but not limited to, fixed or moving objects, parked or moving vehicles, bicycles, pedestrians, animals, surface hazards, or narrow width lanes that make it unsafe to continue along the right-hand edge of the street, highway or roadway. For the purposes of this subsection, “narrow width lane” shall mean a lane that is too narrow for a bicycle or electric-assisted scooter and a vehicle to travel safely side-by-side within the lane.

(d)   It shall be unlawful for any person to operate an electric-assisted scooter upon a street or highway between the hours of dusk or 9:00 p.m., whichever is earlier, and sunrise.

(e)   Persons riding electric-assisted scooters upon a street or highway shall not ride more than two (2) abreast, except on paths or parts of a street or highway set aside for the exclusive use of bicycles or electric-assisted scooters.

(f)   No person shall operate an electric-assisted scooter upon any street, highway, or elsewhere throughout the city, where such operation is prohibited and where a sign or signs are posted on such property indicating that such scooters, similar devices, or bicycles are prohibited. Any such property shall include, but not be limited to, any path, park, or other public property and any parking lot or other private property.

(g)   It shall be unlawful for any person to operate an electric-assisted scooter upon any street or highway, or elsewhere throughout the city, including, but not limited to, a sidewalk, in such manner as to indicate a careless or heedless disregard for the rights or safety of others or in such a manner as to endanger or be likely to endanger any person or property.

(h)   A person operating an electric-assisted scooter upon any street or highway, or elsewhere throughout the city, including, but not limited to, a sidewalk, shall yield the right-of-way to any pedestrian and shall give an audible signal before overtaking and passing such pedestrian.

(i)    It shall be unlawful for any person to operate an electric-assisted scooter upon any street or highway, or elsewhere throughout the city, including, but not limited to, a sidewalk, at a speed in excess of twenty (20) miles per hour.

(j)    No electric-assisted scooter shall be used to carry more persons at one time than the number for which it is designed or equipped.

(k)   Vehicle registration, motor vehicle liability insurance, and driver’s license shall not be required under the Code for operation of an electric-assisted scooter.

(l)    The provisions of subsection (a) shall not prohibit an electric-assisted scooter from crossing a federal or state highway.

(m)  Amendment. Section 196 of the Standard Traffic Ordinance, also referred to as 14-101(196) of the Code, is hereby amended to read as follows:

Section 196. Unauthorized Operator.

(a)   No person shall authorize or knowingly permit a motor vehicle owned by such person and 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.

(b)   Any person who violates this section shall be guilty of an ordinance violation, and on conviction shall be fined not more than five hundred dollars ($500) or be sentenced to not more than ninety (90) days’ imprisonment, or sentenced to both such fine and imprisonment.

(n)   Amendment. Section 197 of the Standard Traffic Ordinance, also referred to as 14-101(197) of the Code, is hereby amended to read as follows:

Section 197. Unauthorized Minors.

(a)   No person shall cause or knowingly permit such person’s child or ward under the age of eighteen (18) years to drive a motor vehicle upon any highway when such minor person is not authorized under the laws of Kansas to drive a vehicle.

(b)   Any person who violates this section shall be guilty of an ordinance violation, and on conviction shall be fined not more than five hundred dollars ($500) or be sentenced to not more than ninety (90) days’ imprisonment, or be sentenced to both such fine and imprisonment.

(o)   Amendment. Section 201.1 of the Standard Traffic Ordinance, also referred to as 14-101(201.1) of the Code, is hereby amended to read as follows:

Section 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 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 court or pay all fines, court costs, and any penalties within thirty (30) days from the date of mailing notice, the Division 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 thirty (30) days of mailing notice, the municipal court shall electronically notify the Division. Upon receipt of a report of a failure to comply with a traffic citation under this subsection, pursuant to K.S.A. 8-255, and amendments thereto, the Division 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 municipal court. When the municipal court determines the person has complied with the terms of the traffic citation, the court shall immediately electronically notify the Division of such compliance. Upon receipt of notification of such compliance from the municipal court, the Division shall terminate the suspension or suspension action.

(2)   (A)  In lieu of suspension under this subsection, the driver may submit to the Division a written request for restricted driving privileges pursuant to subsection (b) of K.S.A. 8-2110, and amendments thereto.

(B)  Nothing in this section shall be construed to in any way limit, restrict, or prohibit a person, whose driver’s license has expired during the period when such person’s driver’s license has been suspended for failure to pay fines for traffic citations, from submitting to the Division a written request for restricted driving privileges pursuant to subsection (b) of K.S.A. 8-2110, and amendments thereto.

(c)   On and after July 1, 2018, except as provided in subsection (d), when the municipal court notifies the Division of a failure to comply with a traffic citation pursuant to subsection (b), the court shall assess a reinstatement fee of $100 or in any amount authorized by K.S.A. 8-2110, and amendments thereto, 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, court costs, and other penalties. The municipal 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.

(e)  (1)   A person who fails to comply with a traffic citation pursuant to subsection (a) and who is assessed a reinstatement fee pursuant to subsection (c) may petition the municipal court at any time to waive payment of the fee, any additional charge imposed pursuant to subsection (f), or any portion thereof. If it appears to the satisfaction of the municipal court that payment of the amount due will impose manifest hardship on the person or the person’s immediate family, the court may waive payment of all or part of the amount due or modify the method of payment.

(2)   A person who fails to comply with a traffic citation pursuant to subsection (a), who is assessed a reinstatement fee pursuant to subsection (c), and who is assessed a fine or court costs for a traffic citation may petition the municipal court at any time to waive payment of the fine or costs, or any portion thereof. If it appears to the satisfaction of the municipal court that payment of the amount due will impose manifest hardship on the person or the person’s immediate family, the court may waive payment of all or part of the amount due or modify the method of payment.

(f)   In the event that the Kansas Supreme Court establishes an additional charge pursuant to K.S.A. 8-2110(f), and amendments thereto, the municipal court shall assess such additional charge in addition to any reinstatement fee provided in subsection (c) and in the same manner as such reinstatement fee.

(g)   This section shall expire at 11:59 p.m. on December 31, 2024.

(p)   Amendment. Section 201.2 of the Standard Traffic Ordinance, also referred to as 14-101(201.2) of the Code, is hereby amended to read as follows:

Section 201.2. 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 any fine and court costs imposed as ordered by the court; 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)  

(A)  In addition to penalties of law applicable under subsection (a), when a person fails to comply with a traffic citation, except for any violations provided in subsection (b)(1)(C), the municipal court shall mail notice to the person that if the person does not appear in municipal court, pay fines, court costs, and any penalties as ordered by the court, request a waiver or reduction of fees, fines, and court costs pursuant to subsection (g)(1)(A), request an alternative requirement pursuant to subsection(g)(1)(B), or request both such waiver/reduction and alternative requirement within thirty (30) days from the date of mailing notice, then the Division will be notified to suspend the person’s driving privileges unless such person is eligible for restricted driving privileges pursuant to subsection (b)(1)(B) of K.S.A. 8-2110, and amendments thereto. Any such notice shall contain a notice that, within thirty (30) days from the date of mailing notice, the person may submit a request to the municipal court for a waiver or reduction of fees, fines, and court costs pursuant to subsection (g)(1)(A), request an alternative requirement pursuant to subsection(g)(1)(B), or request both such waiver/reduction and alternative requirement. If the person is eligible for restricted driving privileges, then the Division will, pursuant to state law, restrict such person’s driving privileges pursuant to the terms set forth in subsection (b)(1)(B) of K.S.A. 8-2110, and amendments thereto. The municipal court shall charge an additional fee of $5.00 for mailing such notice. Upon the person’s failure to appear in municipal court or pay fines, court costs, and any penalties as ordered by the court within such thirty (30) days of mailing notice, the municipal court shall electronically notify the Division unless the municipal court has issued a written order granting the person’s request for waiver or reduction of fees, fines, and court costs pursuant to subsection (g)(1)(A), granting the person’s request for an alternative requirement pursuant to subsection(g)(1)(B), or request both such waiver/reduction and alternative requirement. Failure to abide by the terms of the order shall result in the municipal court notifying the Division that the person’s license shall be suspended for the failure to comply with a traffic citation. Upon receipt of a report of a failure to comply with a traffic citation under this subsection, pursuant to K.S.A. 8-255, and amendments thereto, the Division will notify the violator and suspend the license of the violator until satisfactory evidence of substantial compliance with the terms of the traffic citation has been furnished to the municipal court unless such person is eligible for restricted driving privileges pursuant to subsection (b)(1)(B) of K.S.A. 8-2110, and amendments thereto. If the person is eligible for restricted driving privileges, the Division will notify the violator that the person’s driving privileges are restricted pursuant to subsection (b)(1)(B) of K.S.A. 8-2110, and amendments thereto. When the municipal court determines that the person is in substantial compliance with the terms of the traffic citation, the court shall immediately electronically notify the Division of such compliance. Upon receipt of notification of such compliance from the municipal court, the Division will terminate the restriction, suspension or suspension action.

(B) 

(i)    When restricted driving privileges are approved pursuant to subsection (b)(1)(B) of K.S.A. 8-2110, and amendments thereto, the person’s driving privileges will, pursuant to state law, be restricted by the Division to driving only under the following circumstances:

(a)   In going to or returning from the person’s place of employment or schooling;

(b)   in the course of the person’s employment;

(c)   in going to or returning from an appointment with a healthcare provider or during a medical emergency;

(d)   in going to and returning from probation or parole meetings, drug or alcohol counseling or any place the person is required to go by a court;

(e)   in going to or returning from dropping off or picking up one or more children from school or child care;

(f)   in going to or returning from purchasing groceries or fuel for their vehicle; and

(g)   in going to or returning from any religious worship service held by a religious organization.

(ii)   The Division will determine the qualifications, duration, and any other terms and conditions of any restricted driving privileges pursuant to subsection (b)(1)(B) of K.S.A. 8-2110, and amendments thereto.

(iii)  The Division will, pursuant to subsection (b)(1)(B)(iii) of K.S.A. 8-2110, and amendments thereto, rescind restricted driving privileges for any person authorized pursuant to this sub(b)(1)(B) of K.S.A. 8-2110, and amendments thereto,

(iv)  A person operating a motor vehicle in violation of restrictions provided in subsection (b)(1)(B)(i) of K.S.A. 8-2110, and amendments thereto, shall be guilty of operating a vehicle in violation of restrictions as provided in Section 14-101(195).

(C) 

(i)    Violations of the following sections shall not provide the basis for a violation of this section: Sections 14-101(18), 14-101(63), 14-101(65), 14-101(67), 14-101(68), 14-101(69), 14-101(74), 14-101(83), 14-101(85), 14-101(86), 14-101(107), 14-101(124), 14-101(115), 14-101(182.2), 14-101(112), 14-101(114), 14-101(127), 14-101(129), 14-101(130), 14-101(131), 14-101(132), 14-101(133), 14-101(112.1), 14-101(114.4), and 14-101(135.1).

(ii)   The provisions of this subparagraph shall be construed and applied retroactively. A person may petition the municipal court in which the person should have complied with the citation that led to a prior violation of this section. If the court determines that the person committed an offense that does not provide the basis for a violation of this section, as amended by this act, the court shall immediately electronically notify the division of vehicles. Upon receipt of such notification from the informing court, the division of vehicles shall terminate any restriction, suspension or suspension action that resulted from the prior violation of this section.

(2)  

(A)  In lieu of suspension under subsection (b)(1) of K.S.A. 8-2110, and amendments thereto, the driver may submit to the Division a written request for restricted driving privileges. The driver may apply and be eligible for restricted driving privileges pursuant to subsection (b)(2) of K.S.A. 8-2110 if such driver has previously been approved for restricted driving privileges pursuant to subsection (b)(1) of K.S.A. 8-2110, and amendments thereto.

(B) 

(i)    A person whose driving privileges have been revoked by the Division solely for driving a motor vehicle on any highway as defined in K.S.A. 8-1424, and amendments thereto, of this state at a time when such person’s privilege to do so was canceled, suspended, or revoked for failure to comply with a traffic citation pursuant to this section may submit to the Division a written request for restricted driving privileges pursuant to subsection (b)(2)(B)(i) of K.S.A. 8-2110, and amendments thereto. The eligibility for any such restricted driving privileges will be determined by the Division pursuant to subsection (b)(2)(B)(i) of K.S.A. 8-2110, and amendments thereto.

(ii)   The Division will, pursuant to subsection (b)(2)(B)(ii) of K.S.A. 8-2110, and amendments thereto, rescind restricted driving privileges for any person authorized pursuant to subsection (b)(2)(B)(i) of K.S.A. 8-2110, and amendments thereto, if the person is found guilty of a violation resulting in a license suspension, revocation, or cancellation for reasons other than failure to comply with a traffic citation.

(iii)  A person operating a motor vehicle in violation of restrictions provided in subsection (b)(2)(D) of K.S.A. 8-2110, and amendments thereto, shall be guilty of operating a vehicle in violation of restrictions as provided in Section 14-101(195).

(C)  A person whose driver’s license has expired during the period when such person’s driver’s license has been suspended for failure to pay fines for traffic citations, the driver may submit to the Division a written request for restricted driving privileges pursuant to subsection (b)(2)(C) of K.S.A. 8-2110, and amendments thereto. The qualifications for any such restricted driving privileges will be determined by the Division pursuant to subsection (b)(2)(C) of K.S.A. 8-2110, and amendments thereto.

(D)  Upon review and approval of the driver’s eligibility, the driving privileges will be restricted by the Division or until the terms of the traffic citation have been substantially complied with and the municipal court shall immediately electronically notify the Division of such compliance. If the driver fails to substantially comply with the traffic citation, the driving privileges will be suspended by the Division pursuant to subsection (b)(2)(D) of K.S.A. 8-2110, and amendments thereto, until the municipal court determines the person has substantially complied with the terms of the traffic citation and the court shall immediately electronically notify the Division of such substantial compliance. Upon receipt of notification of such compliance from the municipal court, the Division of vehicles will terminate the suspension action pursuant to subsection (b)(2)(D) of K.S.A. 8-2110, and amendments thereto. When restricted driving privileges are approved pursuant to subsection (b)(2)(D) of K.S.A. 8-2110, and amendments thereto, the person’s driving privileges will be restricted by the Division 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)  in going to or returning from an appointment with a health care provider or 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 a court;

(v)   in going to or returning from dropping off or picking up one or more children from school or child care;

(vi)  in going to or returning from purchasing groceries or fuel of their vehicle; and

(vii) in going to or returning from any religious worship service held by a religious organization.

(c)   Except as provided in subsection (d), when the municipal court notifies the Division of a failure to comply with a traffic citation pursuant to subsection (b), the court shall assess a reinstatement fee of $100. Such reinstatement fee shall be in addition to any fine, restricted driving privilege application fee, court costs, and other penalties. The municipal court shall remit all reinstatement fees to the state treasurer in accordance with the provisions of K.S.A. 75–4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury and shall credit the first $15 of such reinstatement fee to the judicial branch nonjudicial salary adjustment fund and of the remaining amount, 29.41% of such moneys to the division of vehicles operating fund, 22.06% to the community alcoholism and intoxication programs fund created by K.S.A. 41–1126, and amendments thereto, 7.36% to the juvenile alternatives to detention fund created by K.S.A. 79–4803, and amendments thereto, and 41.17% to the judicial branch nonjudicial salary adjustment fund created by K.S.A. 2018 Supp. 20–1a15, 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.

(e)  

(1)   A person who fails to comply with a traffic citation pursuant to subsection (a) and who is assessed a reinstatement fee pursuant to subsection (c) may petition the municipal court at any time to waive payment of the fee, any additional charge imposed pursuant to subsection (f), or any portion thereof. If it appears to the satisfaction of the municipal court that payment of the amount due will impose manifest hardship on the person or the person’s immediate family, the court may waive payment of all or part of the amount due or modify the method of payment.

(2)   A person who fails to comply with a traffic citation pursuant to subsection (a), who is assessed a reinstatement fee pursuant to subsection (c), and who is assessed a fine or court costs for a traffic citation may petition the municipal court at any time to waive payment of the fine or costs, or any portion thereof. If it appears to the satisfaction of the municipal court that payment of the amount due will impose manifest hardship on the person or the person’s immediate family, the court may waive payment of all or part of the amount due or modify the method of payment.

(3)   The clerk of the municipal court shall make forms available to any person seeking to petition the court to waive or reduce traffic fines, court costs, or reinstatement fees.

(f)   Except as provided further, the reinstatement fee established in this section shall be the only fee collected or moneys in the nature of a fee collected for such reinstatement. Such fee shall only be established by an act of the legislature and no other authority is established by law or otherwise to collect a fee. In the event that on and after July 1, 2019 through June 30, 2025 the Kansas Supreme Court establishes an additional charge pursuant to subsection (f) of K.S.A. 8-2110, and amendments thereto, the municipal court shall assess such additional charge in addition to any reinstatement fee provided in subsection (c) and in the same manner as such reinstatement fee.

(g)   (1) Prior to issuing an order pursuant to this section that notifies the D to restrict or suspend a person’s driving privileges, the municipal court shall consider any request made by the person for one or both of the following options:

(A)  Waiver or reduction of fees, fines and court costs and allowing for payment plans for any fees, fines and court costs; and

(B)  alternative requirements in lieu of restriction or suspension of driving privileges, including, but not limited to, alcohol or drug treatment or community service.

(2)   Nothing in this subsection shall be construed to require the court to make written findings or written payment plan orders.

(h)  

(1)   Any conviction for a failure to comply pursuant to this section shall not be considered by the municipal court or the Division in determining suspended or restricted driving privileges if such conviction is more than five (5) years old.

(2)   After the expiration of five (5) years from the date of conviction and pursuant to subsection (h)(2) of K.S.A. 8-2110, and amendments thereto, the Division will notify by mail any persons whose driving privileges were suspended or restricted and have not since been restored. The Division 2ill notify the person that the person may be eligible for driving privileges as a result of the expiration of the five (5) years from the conviction for the failure to comply.

(3)   The provisions of this subsection shall be construed and applied retroactively.

(A)  As used in this section, “substantial compliance” or “substantially complied” means the person has followed the orders of the municipal court involving payments of fines, court costs, and any penalties and has not failed substantially in making payments or satisfying the terms of the court order.

(Ord. 2008-05; Code 2008; Ord. 2009-07, Ord. 2010-09; Ord. 2011-06; Ord. 2012-02; Ord. 2013-03; Ord. 2014-02; Ord. 2015-01; Ord. 2016-02; Ord. 2017-02; Ord. 2018-02; Ord. 2019-04; Ord. 2021-04; Ord. 2024-03)

(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.

(a)   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.

(Ord. 2002-2, Sec. 2; Code 2008)

(K.S.A. 8-1558; Ord. 2008-05; Ord. 2002-2; Code 2008; Ord. 2009-07; Ord. 2010-09; Ord. 2011-06; Ord. 2012-02; Ord. 2013-03; Ord. 2014-02; Ord. 2015-01; Ord. 2016-02; Ord. 2017-02; Ord. 2018-02; Ord. 2019-04; Ord. 2021-04)

No person shall drive or operate a commercial truck or any truck with a registered gross weight in excess of 48,000 pounds, whether loaded or unloaded, inside the geographic city limits except as follows:

(a)   All commercial or other trucks entering, operating within or passing through the city shall use only the following streets:

(1)   Main Street;

(2)   Sixth Street;

(3)   West Street;

(4)   Beech Street south of Sixth Street;

(5)   Fifth Street west of Main Street, and Fifth Street one (1) block east of Main Street.

Commercial trucks shall include all vehicles with the registered gross weight in excess of 48,000 pounds, whether loaded or unloaded, and shall include all vehicles commonly referred to as semi-tractors or truck tractors, with or without trailers. Freight trucks having a designation in the city limits may make deliveries on non-designated streets. In addition, trucks carrying construction related materials may have access to properly permitted construction sites inside the city.

(Ord. 2002-2, Sec. 3; Code 2008; Ord. 2019-03)

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 $10 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 $500.

(Ord. 2002-2, Sec. 5; Code 2008)

(K.S.A. Supp. 8-15,100; Ord. 2012-02; Ord. 2013-03; Ord. 2014-02; Ord. 2015-01; Ord. 2016-02; Ord. 2017-02; Ord. 2017-06; Ord. 2018-02; Ord. 2019-04; Ord. 2021-04)

(K.S.A. Supp. 8-15,108; Ord. 2012-02; Ord. 2013-03; Ord. 2014-02; Ord. 2015-01; Ord. 2016-02; Ord. 2017-02; Ord. 2018-02; Ord. 2019-04; Ord. 2021-04)