CHAPTER 14. TRAFFICCHAPTER 14. TRAFFIC\Article 2. Local Traffic Regulations

(a)   No person shall operate or halt a vehicle 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, including the person or property of the driver or his or her passenger or passengers. Any driver who does so shall be considered to be in prima facie violation of this section.

(b)   No driver while driving shall engage in any activity which interferes with the driver’s safe control of his or her vehicle.

(c)   No person shall engage in any activity or commit any act which interferes with a driver’s safe operation of a vehicle.

(Ord. 710, Sec. 1)

(a)   BOUNDARIES AND MAXIMUM SPEED LIMITS. A maximum speed limit of twenty (20) mph is established at any location where school zone signs are posted or where a combination of school zone signs and flashing lights are used.

(b)   SAME; DAYS AND HOURS OF OPERATION.

(1)   The school zones established in section 14-202(a) shall be in operation and in force during any day officially established as a normal school day by the Maize School District, U.S.D. 266.

(2)   The hours of operation of such school zones shall be:

(A)  as posted on each school zone sign;

(B)  while flashing lights are in operation if so equipped;

(C)  the hours of operation of school zones during any day officially established as a summer school day by the Maize School District, U.S.D. 266, shall be from 7:30 a.m. to 1:30 p.m.

(c)   SAME; POSTING OFFICIAL SIGNS. The maximum speed limits in a school zone, established by or pursuant to sections 14-202(a) and (b) above shall be effective only when official traffic control devices or signs are posted giving notice of such maximum speed limit.

(Ord. 710, Sec. 1)

(a)   The mayor shall empower the principals of public or private schools to designate students or other person to use and operate official traffic control devices for the purpose of regulating and controlling traffic upon the public streets of the city in front of or near public or private schools under such laws or regulations as the mayor may deem advisable.

(b)   Where signs, signals or other warning devices are being used by persons for the purposes of regulating and controlling traffic as provided for in subsection (a) above, the driver of any motor vehicle upon the streets where such sings, signals or other warning devices are used shall bring the vehicle which he or she is driving to a complete stop when the signs, signals or warning devices are being waved, held over the curb line, or otherwise displayed so as to indicate a cessation of movement. The vehicle shall remain stationary while children are crossing the streets. When the signs, signals or other warning device is withdrawn, the driver of such vehicle may proceed at a lawful rate of speed past such school or such intersection.

(Ord. 529, Sec. 4)

(a)   It is unlawful for any person to park a truck with a manufacturer’s rated capacity of one and one-half (1½) tons or over, or a bus, truck tractor, road tractor, farm tractor, recreational vehicle, truck trailer or semi-trailer on any street in a residential district, for longer than two (2) hours, except when it is necessary for the loading and unloading of merchandise. The police department may grant permission to extend the time allowed for loading and unloading.

(b)   Whenever any police officer finds a vehicle in violation of subsection (a), such officer is hereby authorized to move or cause to be moved such vehicle or require the driver or other person in charge of the vehicle to move the same, to a position of safety off the street or highway.

(c)   In any proceeding for the violation of this section, the registration plate displayed upon the vehicle in violation shall constitute in evidence prima facie presumption that the owner of such vehicle was the person who parked or placed such vehicle at the place where the violation occurred.

(Ord. 710, Sec. 1)

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

(b)   Sound amplification system means any radio, tape player, compact disc player, loudspeaker, or other electronic device used for the amplification of sound.

(c)   Plainly audible means any sound produced by a sound amplification system from within the vehicle, which clearly can be heard at a distance of fifty (50) feet or more. Measurement standards shall be by the auditory senses, based upon direct line of sight. Words or phrases need not be discernible and bass reverberations are included. The motor vehicle may be stopped, standing, parked or moving on the street, highway, alley parking lot or driveway.

(d)   Affirmative defense. It is an affirmative defense to a charge under this section that the operator was not otherwise prohibited by law from operating the sound amplification system and any of the following apply:

(1)   The system was being operated to request medical or vehicular assistance or to warn of a hazardous road condition;

(2)   The vehicle was an emergency or public safety vehicle;

(3)   The vehicle was owned and operated by the City or a gas, electric, communications or refuse company;

(4)   The system was used for the purpose of giving instructions, directions, talks, addresses, lectures or transmitting music to any person or assemblages of persons in compliance with ordinances of the City;

(5)   The vehicle was used in authorized public activities, such as parades, fireworks, sports events, musical productions and other activities which have the approval of the chief of police.

(e)   For the purpose of this Section 14-205, public property means property owned or leased by city, school board, recreation commission, park board or other public entity.

(Ord. 710, Sec. 1)

(a)   It is unlawful for any person to violate any provisions of this Chapter 14.

(b)   An ordinance traffic infraction is a violation of any section of this Chapter 14 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.

(c)   All traffic violations which are included within this Chapter 14 and which are not ordinance traffic infractions as defined in subsection (a) of this Section 14-206, shall be considered traffic offenses.

(d)   The fine for violation of ordinance traffic infractions or any other traffic offense for which the municipal judge establishes a fine schedule shall not be less than Ten Dollars ($10.00) nor more than Five Hundred Dollars ($500.00). A person tried and convicted for a violation for which a fine has been established in a schedule of fines shall pay a fine fixed by the court not to exceed Five Hundred Dollars ($500.00).

(e)   Every person convicted of violation of any of the provisions of this Chapter 14 for which another penalty is not provided by this Chapter 14 or by the schedule of fines established by the judge of the municipal court shall be punished for first conviction thereof by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment for not more than one month, or by both such fine and imprisonment; for a second such conviction within one (1) year thereafter, such person shall be punished by a fine of not more than One Thousand Dollars ($1,000.00) or by imprisonment for not more than six (6) months, or by both such fine and imprisonment; upon a third or subsequent conviction within one (1) year after the first conviction, such person shall be punished by a fine of not more than Two Thousand Five Hundred Dollars ($2,500.00) or by imprisonment for not more than one (1) year, or by both such fine and imprisonment.

(K.S.A. 8-2216; K.S.A. 21-4503a; Ord. 776).

(a)   The mayor shall empower the principals of public or private schools to designate students or other persons to use and operate official traffic control devices for the purpose of regulating and controlling traffic upon the public streets of the city in front of or near public or private schools under such laws or regulations as the mayor may deem advisable.

(b)   Where hand signs, signals or other warning devices are being used by persons for the purposes of regulating and controlling traffic as provided for in subsection (a) above, the driver of any motor vehicle upon the streets where such signs, signals or other warning devices are used shall bring the vehicle which he or she is driving to a complete stop when the signs, signals or warning devices are being waved, held over the curb line, or otherwise displayed so as to indicate a cessation of movement. The vehicle shall remain stationary while children are crossing the streets. When the signs, signals or other warning device is withdrawn, the driver of such vehicle may proceed at a lawful rate of speed past such school or such intersection.

(Ord. 553, Sec. 2)

The parts of the following streets that are located within the City Limits are designated to be arterial streets:

(a)   61st Street North;

(b)   53rd Street North;

(c)   45th Street North;

(d)   37th Street North;

(e)   Tyler Road;

(f)    Maize Road; and

(g)   119th Street West.

(Ord. 1022)