Chapter 10.10
LOCAL TRAFFIC REGULATIONS

Sections:

10.10.010    Amendments to Standard Traffic Ordinance – Penalties.

10.10.020    Invalidity in part.

10.10.030    Penalty for scheduled fines.

10.10.040    Conflicting ordinances.

    Prior legislation: Ord. 1705.

10.10.010 Amendments to Standard Traffic Ordinance – Penalties.

The Governing Body of the City of Gardner, Kansas, on the basis of an engineering and traffic investigation conducted by the Department of Public Safety of the City of Gardner, Kansas, and adopted by the Governing Body of the City of Gardner, Kansas, pursuant to its authority under K.S.A. 8-1560, K.S.A. 8-2002 and all acts supplemental and amendatory thereto hereby deems it advisable to add Section 29.1, add Section 83.1, add Section 85.1, add Section 85.2, add Section 106(a)(4), amend Section 33(a), and amend Section 175.1 of said standard code adopted in GMC 10.05.010 to read as follows:

A. Section 29.1. Careless Driving.

(a) Any person who shall operate or halt any vehicle in such a manner as to indicate a careless or heedless disregard for the rights or the safety of others or in such manner as to endanger or to be likely to endanger any personal property, is guilty of careless driving.

(b) This offense shall be considered a traffic infraction.

B. Section 33. Maximum Speed Limits.

(a) Except when a special hazard exists that requires lower speed for compliance with Section 32, the limits specified in this section or established as hereinafter authorized shall be the maximum lawful speeds, and no persons shall drive a vehicle at a speed in excess of such maximum limits.

1. 25 miles per hour on any street or highway unless posted otherwise;

2. 20 miles per hour in any park unless posted otherwise; and

3. School zones shall have reduced limits as posted while school is in session.

Whenever it is determined on the basis of an engineering and traffic investigation that any speed limit posted is greater or less than is reasonable or safe under the conditions found to exist, the Governing Body shall declare and determine a reasonable and safe speed limit and cause appropriate signs to be erected as set forth in the Gardner Speed Limit Map maintained by the City Engineer.

C. Section 83.1. Vehicle Idling Prohibited.

1. Definitions.

IDLE—The motor vehicle operating mode consisting of a nonleaded, throttled engine speed at the revolutions per minute specified by the manufacturer.

MOTOR VEHICLE—any on road, self propelled vehicle that is required to be registered and have a license plate by the Department of Motor Vehicles.

PERSON—Corporations, companies, associates, societies, firms, partnerships, and joint-stock companies as well as individuals, and shall also include all political subdivisions of this state or any agencies or instrumentalists thereof.

PUBLIC AND PRIVATE PROPERTY—All real estate within the City, including Inter alia, public and private parking lots, on which a motor vehicle may be physically located except for the public streets and highways within the city.

RESTRICTED IDLING ZONES—Areas within City limits that are considered moderate to high emission zones.

2. Idling Prohibited; Motor Vehicles.

A. No person shall cause, suffer, allow or permit the engine of a motor vehicle to idle for more than ten (10) consecutive minutes if the vehicle is within one of the designated areas of limited idling zones that include:

1. Any City parking lot or city property,

2. Any City owned or operated park area including but not limited to the municipal golf course,

3. Pick-up or drop-off areas on all school property, parking lots, and commercial delivery/loading zones,

4. Commercial and Industrial delivery zones, including but not limited to private drives or area leading to the delivery zone.

B. Subsection A of this section shall not apply to the following:

1. Emergency vehicles in emergency situations,

2. Motor vehicles stopped in a line of traffic,

3. Motor vehicles being repaired,

4. RV’s, school buses, other modes of public transit, and charter buses,

5. Temperatures below 32 degrees and in excess of 85 degrees.

C. Upon conviction of a first offense of this section, the defendant shall be fined not less than $50.00 nor more than $1,000.00. Upon conviction for a second offense, within a twenty-four (24) month period, the defendant shall be fined not less than $100.00 nor more than $1,000.00. Upon conviction of a third offense of this section, within a twenty-four (24) month period, the defendant shall be fined not less than $250.00 nor more than $1,000.00. No portion of any minimum fine assessed pursuant to this section shall be suspended nor shall the defendant be placed on parole from any portion of the penalty assessed.

D. Section 85.1. Parking in Certain Designated Areas Prohibited.

(a) No person shall park, stop, or operate a motor vehicle in or on any private or public parking area or lot that is posted with notice of prohibited parking signs posted as provided herein.

(b) The provisions of this section shall not be applicable to any parking lot or area unless the following signage is clearly and properly posted at all entrances to said parking areas or lots, to-wit:

NOTICE

Pursuant to City of Gardner Standard Traffic Ordinance Section 85.1, no parking, stopping, or operation of a motor vehicle is permitted in this parking area or lot during the hours of ______ to ______. Conviction of a violation of this section shall result in a minimum fine of $100.00.

(c) The provisions of this section shall not apply to individuals conducting business or working on the premises of building served by the posted parking areas or lots.

(d) Upon conviction of a first offense of this section, the defendant shall be fined not less than $100.00 nor more than $1,000.00. Upon conviction for a second offense, within any given twelve-month period, the defendant shall be fined not less than $250.00 and not more than $1,000.00. Upon conviction of a third offense of this section during any twenty-four month period, the defendant shall be fined not less than $500.00 nor more than $1,000.00. No portion of any minimum fine assessed pursuant to this section shall be suspended nor shall the defendant be placed on parole from any portion of the penalty assessed.

E. Section 85.2. Parking Restrictions in Residential Zoning Districts.

(a) No person shall park any motor vehicle other than an operable passenger car; passenger van with rear side windows and rear passenger seats; pickup truck not modified with aerial buckets or platforms (e.g. “cherry pickers”), welding equipment, and mechanical lifts or arms designed to assist in loading and unloading freight, or motorcycle; on any street or alley within a residential zoning district except when necessary for loading and unloading or within the performance of a service, and construction vehicles while being used in connection with construction or maintenance authorized by the City or upon property in the block the vehicle is parked.

(b) Passenger car, passenger van, pickup truck, or motorcycle means a vehicle licensed for use on public streets; designed primarily for the transportation of people as opposed to equipment, freight, or other vehicles; and sold primarily to individuals for personal use.

(c) Trailers attached or detached from a passenger car, passenger van, pickup truck, or motorcycle are not allowed.

(d) Upon conviction of a first offense of this section, the defendant shall be fined not less than $100.00 nor more than $1,000.00. Upon conviction for a second offense, within any given twelve-month period, the defendant shall be fined not less than $250.00 and not more than $1,000.00. Upon conviction of a third offense of this section during any twenty-four-month period, the defendant shall be fined not less than $500.00 nor more than $1,000.00.

F. Section 106. Transportation of Alcoholic Beverage.

(a) (4) Placed behind the last upright seat or in an area not normally occupied by the driver, or passenger, if a motor vehicle does not have a trunk.

G. Section 175.1. Compression Release Engine Braking System.

(a) It shall be unlawful for the driver of any motor vehicle to use or cause to be used or operated any compression release engine braking system; provided, however, that such brakes may be used in an emergency situation where the use of an engine braking mechanical exhaust device is necessary for the protection of persons or property. (K.S.A. Supp 8-1761)

(b) Upon conviction of a first offense of this section, the defendant shall be mandated to appear in court and shall be fined not less than $250.00 nor more than $1,000. Upon conviction of a second offense of this section, within a twenty-four (24) month period, the defendant shall be mandated to appear in court and shall be fined not less than $350.00 nor more than $1,000. Upon conviction of a third offense of this section, within a twenty-four (24) month period, the defendant shall be mandated to appear in court and shall be fined not less than $500.00 nor more than $1,000. No portion of any minimum fine assessed pursuant to this section shall be suspended nor shall the defendant be placed on parole from any portion of the penalty assessed.

(c) Definition: Compression Release Engine Braking System. A hydraulically operated device that converts a power producing diesel engine into a power absorbing retarding mechanism.

(Ord. 2391 § 3; Ord. 2356 § 1; Ord. 2270 § 1; Ord. 2269 § 1; Ord. 2267 § 23; Ord. 2132 § 2. Code 1990 § 14-201)

10.10.020 Invalidity in part.

If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid by any court of competent jurisdiction such decision shall not affect the validity of the remaining portions of this chapter. (Ord. 2391 § 3; Ord. 2132 § 2. Code 1990 § 14-202)

10.10.030 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 $2,500. 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. 2391 § 3; Ord. 2132 § 2. Code 1990 § 14-203)

10.10.040 Conflicting ordinances.

Where this chapter conflicts with any other state or federal ordinance, statute, or regulation, the most restrictive ordinance, statute, or regulation shall apply. All local ordinances, or parts of local ordinances, in conflict herewith be and the same are hereby repealed. (Ord. 2391 § 3; Ord. 2132 § 2. Code 1990 § 14-204)