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 Tonganoxie, Kansas, that certain standard traffic ordinance known as the "Standard Traffic Ordinance for Kansas Cities," Edition of 2018, prepared and published in book form by the League of Kansas Municipalities, save and except such articles, sections, parts or portions as are hereafter omitted, deleted, modified or changed, such incorporation being authorized by K.S.A. 12-3009 through 12-3012, inclusive, as amended. No fewer than three copies of said standard ordinance shall be marked or stamped "Official Copy as Incorporated by the Code of the City of Tonganoxie, Kansas," 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 the ordinance codified in this section, and filed with the city clerk to be open to inspection and available to the public at all reasonable hours. (Ord. 1294; Ord. 1323; Ord. 1384, Sec. 1; Ord. 1416, Sec. 1; Ord. 1467, Sec. 1)

14-102. SAME; AMENDMENTS.

Sec. 33. Maximum Speed Limits; Public Highways and Street; Private Property.

(a)    Except when a special hazard exists that requires lower speed for compliance with Section 32 of the Standard Traffic Ordinance, incorporated by reference in Section 33 of this Article, the limits specified in this Section or established as hereinafter authorized shall be maximum lawful speeds, and no person shall drive a vehicle at a speed in excess of such maximum limits, except where otherwise posted:

(1)    Twenty (20) miles per hours in any business district;

(2)    Thirty (30) miles per hours in any residential district, except where otherwise posted;

(3)    Twenty (20) miles per hour in any park;

(4)    As posted in all school zones between the hours of seven o’clock (7:00) A.M. and five o’clock (5:00) P.M., on regular school days as designated by the school calendar of the school with the zone;

(5)    On any county or township highway, fifty-five (55) miles per hour, except where otherwise posted;

(6)    On all other highways, sixty five (65) miles per hour, except where otherwise posted.

(7)    Except as provided in subsection (b) and (c) the maximum speed limit on Fall Creek Drive within the City limits of Tonganoxie shall be 20 miles per hour.

(b)    The maximum speed limits in this Section may be altered as authorized in K.S.A. 8-1559 and K.S.A. 8-1560, and amendments thereto.

(c)    Whenever the person in possession or control of any private property used by the public for purposes of vehicular traffic by permission of the owner, shall cause to be posted at each entrance thereto a permanently lettered and clearly legible sign with the following legend: Traffic Regulations of the City of Tonganoxie, Kansas, enforced on this property. Speed Limit_____. Then such private property shall thereafter be deemed to be under the traffic regulations of the city as provided by law.

Sec. 103.1 Loud Amplification Systems; noises from vehicles.

(a)    No person operating or occupying a motor vehicle on a street, highway, alley, parking lot or driveway shall operate or permit operation of any sound producing device or any amplification system from within a vehicle so that the sound is plainly audible at a distance of fifty (50) or more feet from the vehicle.

Sec. 104.1. Careless Driving

(a)    It shall be unlawful for any person to drive or operate a vehicle upon a highway or a street or public access private property - parking lot - in a careless or heedless manner or in an inattentive manner, or without due caution or circumstances, or in any manner not constituting reckless driving but so as to endanger any person or property. Every person convicted of a violation of this section shall be fined an amount not more than $150.00 and may be imprisoned for a period of not more than 10 days.

Sec. 116.1 Bicycling on Specific Sidewalks Prohibited.

(a)    It shall be unlawful for any person to use a bicycle on the sidewalks on 4th Street from Main to Green Streets.

Sec. 136. Use of Coasters, Skate Boards, Roller Blades, Rollers Skates and Similar Devices Restricted.

(a)    No person upon roller skates, or riding in or by means of any coaster, toy vehicle, roller blades, skate boards, or similar device, shall go upon any roadway except while crossing a street at a crosswalk and except upon streets set aside as play streets.

(b)    It shall be unlawful for any person to use a coaster, roller skates, skateboards, roller blades or any other similar device on the streets or sidewalks on 4th Street from Main Street to Green Street.

Section 182.1 of the Standard Traffic Ordinance Seat Belts (a) Except as provided in section 182 of the standard traffic ordinance and in subsection (b) or (c) each front seat occupant of a passenger car manufactured with safety belts in compliance with federal motor vehicle safety standard no. 208, who is eighteen (18) years of age or older, shall have a safety belt properly fastened about such person’s body at all times when the passenger car is in motion.

(b)    Each occupant of a passenger car manufactured with safety belts in compliance with federal motor vehicle safety standard no. 208, who is at least 14 years of age but less than 18 years of age, shall have a safety belt properly fastened about such person’s body at all times when the passenger car is in motion.

(c)    This section does not apply to:

(1)    An occupant of a passenger car who possesses a written statement from a licensed physician that such person is unable for medical reasons to wear a safety belt system.

(2)    Carriers of the United States mail while actually engaged in delivery and collection of mail along their specific routes.

(3)    newspaper delivery persons while actually engaged in delivery of newspapers along their specified routes; or

(4)    An occupant of a passenger car required to be protected by a safety restraining system under the child passenger safety act.

(d)    Law enforcement officers shall not stop drivers for violations of subsection (a) by a back seat occupant in the absence of another violation of law. A citation for violation of subsection (a) by a back seat occupant shall not be issued without citing the violation that initially caused the officer to effect the enforcement stop.

(e)    (1) from and after June 30, 2010, until July 1, 2011, persons violating subsection (a) of 182.1 and amendments thereto, shall be fined $5 including court costs; and (2) from and after July 1, 2011, persons violating subsection (a) of and amendments thereto, shall be fined $10 including court costs; and (3) from and after January 1, 2008, (4) persons violating subsection (b) of K.S.A. 8-2503, and amendments thereto, shall be fined $60 including court costs.

(f)    No court shall report violation of this act to the department of revenue.

(g)    Evidence of failure of any person to use a safety belt shall not be admissible in any action for the purpose of determining any aspect of comparative negligence or mitigation of damages.

Pursuant to Kansas Senate Bill 89, Section 182.1(d) of the 2016 Standard Traffic Ordinance for Kansas Cities, adopted by reference in the City of Tonganoxie by Ordinance No. 1416, is hereby amended to read as follows:

(d)    (1) Persons violating subsection (a)(1) shall be fined $30 and no court costs; and

(2)    Persons violating subsection (a)(2) shall be fined $60 and no court costs.

As required by Kan. Stat. Ann. 12-4120(c), on and after July 12, 2017, the amount of $20 from each fine imposed for a violation of 2016 Standard Traffic Ordinance for Kansas Cities, Section 182.1(a)(1) shall be remitted by the Municipal Court Clerk to the state treasurer.

Art. 5, Sec. 23 Accident Involving Death or Personal Injuries; Penalties.

(a)    The driver of any vehicle involved in an accident resulting in injury to, great bodily harm to, or death of 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)    A person who violates subsection (a) when an accident results in:

(1)    Total property damages of less than $1,000 shall be punished as provided in Section 201.

(2)    Injury to any person or total property damages in excess of $1,000 or more shall be punished by imprisonment for not more than one year or by a fine of not more than $2,500, or by both such fine and imprisonment.

(c)    The driver shall comply with the provisions of section 26.1 (K.S.A. Supp. 8-1602)

Art. 19, Sec. 200. Motor Vehicle Liability Insurance.

(a)    Every owner shall provide motor vehicle liability insurance coverage in accordance with the provisions of the Kansas Automobile Injury Reparations Act, K.S.A. 40-3101, et. seq., for every motor vehicle owned by such person, unless such motor vehicle: (1) is included under an approved self-insurance plan as provided in K.S.A. 40-3104(f); (2) is used as a driver training motor vehicle, as defined in K.S.A. 2-5015, and amendments thereto, in an approved driver training course by a school district or an accredited nonpublic school under an agreement with a motor vehicle dealer, and such motor vehicle liability insurance coverage is provided by the school district or accredited nonpublic school; (3) is included under a qualified plan of self-insurance approved by an agency of the state in which such motor vehicle is registered and the form prescribed in subsection (b) of K.S.A. 40-3106, and amendments thereto, has been filed: or (4) is expressly exempted from the provisions of the Kansas Automobile Injury Reparations Act.

(b)    An owner of an uninsured motor vehicle shall not permit the operation thereof upon a highway or upon property open to use by the public, unless such motor vehicle is expressly exempted from the provisions of the Kansas Automobile Injury Reparations Act.

(c)    No person shall knowingly drive an uninsured motor vehicle upon a highway or upon property open to use by the public, unless such motor vehicle is expressly exempted from the provisions of the Kansas Automobile Injury Reparations Act.

(d)    (1) Any person operating a motor vehicle upon a highway or upon property open to use by the public shall display, upon demand, evidence of financial security to a law enforcement officer. Such evidence of financial security which meets the requirements of subsection (e) may be displayed on a cellular phone or any other type of portable electronic device. The law enforcement officer to whom such evidence of financial security is displayed shall view only such evidence of financial responsibility. Such law enforcement officer shall be prohibited from viewing any other content or information stored on such cellular phone or other type of portable electronic device. The law enforcement officer shall issue a citation to any person who fails to display evidence of financial security upon such demand. The law enforcement officer shall transmit a copy of the insurance verification form prescribed by the secretary of revenue with the copy of the citation transmitted to court.

(2)    No citation shall be issued to any person for failure to provide proof of financial security when evidence of financial security meeting the standards of subsection (e) is displayed upon demand of a law enforcement officer. Whenever the authenticity of such evidence is questionable, the law enforcement officer may initiate the preparation of the insurance verification form prescribed by the secretary of revenue by recording information from the evidence of financial security displayed. The officer shall immediately forward the form to the department of revenue, and the department shall proceed with verification in the manner prescribed in the following paragraph. Upon return of a form indicating that insurance was not in force on the date indicated on the form, the department shall immediately forward a copy of the form to the law enforcement officer initiating preparation of the form.

(e)    Unless the insurance company subsequently submits an insurance verification form indicating that insurance was not in force, no person charged with violating subsections (b), (c) or (d) shall be convicted if such person produces in court, within 10 days of the date of arrest or of issuance of the citation, evidence of financial security for the motor vehicle operated, which was valid at the time of arrest or of issuance of the citation. Such evidence of financial security may be produced by displaying such information on a cellular phone or any other type of portable electronic device. Any person to whom such evidence of financial security is displayed on a cellular phone or other type of portable electronic device shall be prohibited from viewing any other content or information stored on such cellular phone or other type of portable electronic device. For the purpose of this subsection, evidence of financial security shall be provided by a policy of motor vehicle liability insurance, an identification card or certificate of insurance issued to the policyholder by the insurer which provides the name of the insurer, the policy number, make and year of the vehicle, and the effective and expiration dates of the policy, or a certificate of self-insurance signed by the commissioner of insurance.

(f)    Any person violating any provision of this section shall be guilty of a violation of this ordinance and subject to a fine of not less than $300 nor more than $1,000 or by imprisonment for a term of not more than six months, or both such fine and imprisonment, except that any person convicted of violating any provision of this section within three years of any such prior conviction shall be guilty of violation of this ordinance and subject to a fine of not less than $800 nor more than $2,500 or by imprisonment for a term not to exceed one year, or both such fine and imprisonment. (K.S.A. Supp. 40-3104).

(Ord. 1294; Ord. 1313; Ord. 1344; Ord. 1388, Secs. 1:2; Ord. 1390; Ord. 1425, Sec. 1)

14-103. 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. Supp. 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.

(Ord. 1294; Ord. 1323)

14-104. 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 nor more than $500, except for speeding which will not be less than $55 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. 1294; Ord. 1323; Ord. 1341)