CHAPTER XIV. TRAFFICCHAPTER XIV. TRAFFIC\ARTICLE 1. STANDARD TRAFFIC ORDINANCE

The Kansas Standard Traffic Ordinances, 2014 Edition, published and provided by the League of Kansas Municipalities, is hereby adopted and incorporated by reference as though fully appearing herein, with the exception that Section 104 of said Standard Traffic Ordinances is hereby deleted and replaced with Ordinance No. 560, Udall City Code, Chapter XIV, 14-212. Official copies shall be kept on file in the offices of the City Clerk and the Court Clerk and shall be marked "Official Copy" as provided in such matters under K.S.A. 12-3009 through K.S.A. 12-3012 and K.S.A. 12-3301 through K.S.A. 12-3302.

(Ord. 598, 609, 619, 627, 629, 635, 644, 647, 652, 655, Code 2014; Ord. 658)

(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.

(Code 1998)

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 $30.00, except for speeding which shall not be less than $10.00 nor more than $500.00.  A person tried and convicted for violation of an ordinance traffic infraction or other traffic offense for which a fine has been established in a schedule of fines shall pay a fine fixed by the court not to exceed $500.00.

(Code 1998)

Amendments to the Standard Traffic Ordinance incorporated in Section 14-101 of this Article shall be as follows:

(a)   Section 104 of the standard traffic ordinance relating to inattentive driving is hereby amended to read as follows:

Section 104. Careless or inattentive driving.

(1)   Careless or inattentive driving is hereby defined as driving a motor vehicle or motorcycle in such a manner as to indicate that the operator did not use due caution, as would a reasonably prudent person, with respect to the rights of others using the public way or a private parking lot to which the general public has access.

(2)   It shall be unlawful for any person to drive any vehicle in a careless or inattentive manner and any person found guilty of careless or inattentive driving shall be deemed to have committed an unclassified misdemeanor with punishment being a fine of not less than $30.00 nor more than $100.00.

(b)   Section 30(a)(2) of the standard traffic ordinance is amended to read as follows:

30(a)(2)  The alcohol concentration in the persons blood or breath, as measured within three hours of the time of operating or attempting to operate a vehicle, is .08 or more;

(c)   Section 30(d) of the standard traffic ordinance is amended to read as follows:

30(d)      Upon a first conviction of a violation of this section, a person shall be sentenced to not less than 48 consecutive hours, nor more than six months imprisonment, or in the court’s discretion.  100 hours of public service, and fine not less than $750 nor more than $1000.  The person convicted must serve at least 48 consecutive hours imprisonment or 100 hours of public service either before or as a condition of any grant of probation or suspension, reduction of sentence or parole.  The court may place the person convicted under a house arrest program pursuant to section 249 of chapter 136 of the 2010, session laws of Kansas, and amendments thereto, to serve the remainder of the minimum sentence.  Only after such person has served 48 consecutive hours imprisonment;

(d)   Section 30(e) of the standard traffic ordinance is amended to read as follows:

30(e)      On a second conviction of a violation of this section, a person shall be sentence to not less than 90 days nor more than one year’s imprisonment and fined not less than $1,250 nor more than $1,750.  The person convicted shall serve at least five consecutive days’ imprisonment before the person is granted probation, suspension or reduction of sentence or parole or is otherwise released.  The five days’ imprisonment mandated by this subsection may be served in a work release program only after such person has served 48 consecutive hours’ imprisonment, provided such work release program requires such person to return to confinement at the end of each day in the work release program.  The person convicted, if placed into a work release program, shall serve a minimum of 120 hours of confinement.  Such 120 hours of confinement shall be at of at least 48 consecutive hours of imprisonment followed by confinement hours at the end of a continuing to the beginning of the offenders workday.  The court may place the person convicted under house arrest program pursuant to section 249 of chapter 136 of the 2010, session laws of Kansas and amendments thereto, to serve the remainder of the minimum sentence only after such person has served 48 consecutive hours imprisonment.  The person convicted if placed under house arrest, shall be monitored by an electronic monitoring device, which verifies the offenders location.  The offender shall serve a minimum of 120 hours of confinement within the boundaries of the offenders residents.  Any exceptions to remain within the boundaries of the offenders residents provided for in the house arrest program shall not be counted as part of the 120 hours.

(e)   Section 30(j) of the standard traffic ordinance is amended to read as follows:

30(j)       A third conviction is a class A, nonperson, misdemeanor unless that person has a prior conviction which occurred within the preceding ten years, not including any period of incarceration, then a third conviction shall be a nonperson felony.  The person convicted of a third time misdemeanor shall be sentenced to not less than 90 days nor more than one year’s imprisonment and fine not less than $1750 nor more than $2500.  The person convicted shall not be eligible for release on probation, suspension or reduction of sentence or parole until the person has served at least 90 days imprisonment.  The 90 days imprisonment mandated by this subsection may be served in a work release program only after such person has served 48 consecutive hours imprisonment, provided such work release program require such person to return to confinement at the end of each day in the work release program.  The person convicted, if placed into a work release program, shall serve a minimum of 240 hours of confinement.  Such 240 hours of confinement shall be a period of at least 48 consecutive hours of imprisonment followed by confinement hours at the end of and continuing to the beginning of the offenders workday.  The court may place the person convicted under house arrest program pursuant to section 249 of chapter 136 of the 2010, Session Laws of Kansas, and amendments thereto, to serve the remainder of the minimum sentence only after such person has served 48 consecutive hours imprisonment.  The person convicted if placed under house arrest, shall be monitored by an electronic monitoring device, which verifies the offenders location.  The offender shall serve a minimum of 240 hours of confinement within the boundaries of the offenders residents.  Any exceptions to remaining within the boundaries of the offenders residents provided for the in the house arrest agreement shall not be counted as part of the 240 hours.

(f)   Section 30(l)(3) of the standard traffic ordinance is amended to read as follows:

30(1)(3) Only convictions occurring on or after July 1, 2001, shall be taken into account when determining the sentence to be imposed for a first, second, third, fourth or subsequent offense;

(g)   Section 30.1(a)(2) of the standard traffic ordinance is amended to read as follows

30.1(a)(2)      The alcohol concentration in a person’s blood or breath, as measured within three hours of the time of driving a commercial vehicle, is .04 or more;

(h)   Section 30.1(b) of the standard traffic ordinance is amended to read as follows

30.1(b)   On a first conviction, a class B., nonperson, misdemeanor.  The person convicted shall be sentenced to not less than 48 hours, nor more than six months imprisonment, or in the court’s discretion, 100 hours of public service, and fine not less than $750 nor more than $1000.  The person convicted shall serve at least 48 consecutive hours imprisonment or 100 hours of public service either before or as a condition of any grant of probation, suspension or reduction of the sentence or parole or other release.

(i)    Section 23 of the standard traffic ordinance is amended to read as follows:

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)

(j)    Section 200 of the Standard Traffic Ordinance for Kansas Cities is amended to read as follows:

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. 72-5015, 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 any 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 section 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 a 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. 560; Code 2007, 14-212; Ord. 644; Code 2014; Ord. 662)

Section 33 of the Standard Traffic Ordinance for Kansas Cities, is hereby amended to read as follows:

(a)   Except when a special hazard exists that requires lower speed for compliance with Section 32 of the Standard Traffic Ordinance, 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:

(1)   Twenty miles per hour at all times in any business or residential district or park; 20 miles per hour in any marked school zone between the hours of 7:45 a.m. and 4:00 p.m. when school is in session; and

(2)   Thirty miles per hour on all other streets, unless otherwise posted.

The maximum speed limit established pursuant to this section shall be in force and effective regardless of whether signs are posted giving notice thereof and notwithstanding any signs giving notice of maximum speed limits in excess thereof. Any sign giving notice of a maximum speed in excess of the limits established in this section shall be of no force or effect.

(Ord. 503, Sec. 2; Code 1998)