Article 2

ARTICLE 2. LOCAL TRAFFIC REGULATIONS

14-201. TRAFFIC CONTROL DEVICES AND MARKINGS.

The Standard Traffic Ordinance as adopted is hereby modified by adding thereto the following: The governing body may, by resolution, establish and fix the location of such traffic control devices as may be deemed necessary to guide and warn traffic under the provisions of this chapter, other traffic ordinances and the state laws. The city shall place and maintain such traffic control signs, signals and devices when and as may be required by the authority of the governing body to make effective the provisions of this chapter and other ordinances for the regulation of traffic. Any official traffic control device placed pursuant to this section shall be marked and labeled on a map of the city of Tonganoxie for the purpose of displaying all such traffic control devices and shall be filed with the city clerk to be open to inspection and available to the public at all reasonable hours of business. (Ord. 1294)

14-202. SCREECHING OF TIRES OR SPINNING OF WHEELS.

The operation of any motor vehicle in such a way as to cause the tires thereof to screech or spin except where the same is necessarily caused in an emergency in an attempt by the operator to avoid an accident or the causing of damage or injury is hereby prohibited. (Ord. 1294)

14-203. PRIVATELY OWNED PARKING LOTS OR AREAS.

(a) When the owner or other person in possession and control of any lot or parcel of ground in the city has by sign or other notice posted thereon designated such lot or parcel of ground as reserved for the parking of vehicles of persons who have special permission for such use, it shall be unlawful for any person to enter onto, stop, stand or park any other vehicle in such parking lot or parking area, without having first obtained permission so to do from the owner or the person in possession or control of such parking lot or parking area.

(b) The police department of the city may enforce such specific provisions in subsection (a) of this section, as to such lot or parcel of ground in the city, as the owner or person in possession may authorize from time to time.

(Ord. 1294)

14-204. OPERATION OF WORK-SITE VEHICLES AND MICRO UTILITY VEHICLES, AND RECREATIONAL USE OF UTILITY TASK VEHICLES (UTVs).

(a) Work-Site Vehicles.

(1) It shall be unlawful for any person to operate a work-site utility vehicle:

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

(B) Within the corporate limits of any city unless authorized by such city.

(2) Definitions.

(A) Slow-moving vehicles emblem has the same meaning as contained in K.S.A. 8-1717 and amendments thereto.

(B) Work-site utility vehicle means any motor vehicle which is not less than 48 inches in width, has an overall length, including the bumper, of not more than 135 inches, has an unladen weight, including fuel and fluids, of more than 800 pounds and is equipped with four or more low pressure tires, a steering wheel and bench or bucket type seating allowing at least two people to sit side by side, and may be equipped with a bed or cargo box for hauling materials. Work-site utility vehicle does not include a micro utility truck as defined in the Standard Traffic Ordinance adopted by subsection (b) of this section, and amendments thereto.

(3) Operation.

(A) Work-site utility vehicles are restricted to work-site to work-site by the most direct route. Work-site utility vehicles may operate upon the public highway, streets, roads and alleys within the corporate limits of the city of Tonganoxie to get from work-site to work-site.

(B) No work-site utility vehicle shall be operated on any public highway, street, road or alley between sunset and sunrise unless such vehicle is equipped with lights as required by law for motorcycles.

(C) No work-site utility vehicle shall be operated on any interstate highway, federal highway or state highway; provided, however, that the provisions of this subsection shall not prohibit a work-site utility vehicle from crossing a federal or state highway.

(D) No work-site utility vehicle shall be operated on any public highways, streets, roads, and alleys within the corporate limits of the city of Tonganoxie with posted speed limits greater than 30 miles per hour; provided, however, that provisions of this subsection shall not prohibit a work-site utility vehicle from crossing any public highways, streets, roads and alleys within the corporate limits of the city of Tonganoxie with posted speed limits greater than 30 miles per hour.

(E) Every person operating a work-site vehicle on the public highways, streets, roads and alleys of the city of Tonganoxie shall be subject to all of the duties applicable to a driver of a motor vehicle imposed by law, including but not limited to the applicable provisions of the Standard Traffic Ordinance adopted by section 14-101, and amendments thereto.

(4) Driver License Requirements.

(A) No person shall operate a work-site utility vehicle on any public highway, street, road or alley within the corporate limits of the city unless such person has a valid driver’s license. Violation of this is punishable by a fine of not more than $1,000 or by imprisonment for not more than six months or by both such fine and imprisonment.

(5) Insurance Requirements.

(A) Every owner of a work-site utility vehicle shall provide liability coverage in accordance with Section 200 of the Standard Traffic Ordinance, adopted by section 14-101, and amendments thereto, and the Kansas Automobile Injury Reparations Act, K.S.A. 40-3101 et seq., and amendments thereto prior to operating such vehicle upon the public highways, streets, roads and alleys within the corporate limits of the city of Tonganoxie.

(B) All provisions of Section 200 of the Standard Traffic Ordinance, adopted by section 14-101, and amendments thereto, including penalty provisions, shall be applicable to all owners and operators of work-site utility vehicles.

(6) Display of Slow Moving Vehicle Emblem.

(A) It shall be illegal to operate a work-site utility vehicle on any public highway, street, road or alley within the corporate limits of the city unless such vehicle displays a slow moving vehicle emblem on the rear of the vehicle. The slow moving vehicle emblem shall be mounted and displayed in compliance with K.S.A. 8-1717 and amendments thereto.

(7) Penalty.

(A) Unless specifically provided for herein, a violation of this article shall be deemed an ordinance traffic infraction. Upon an entry of a plea of guilty or no contest or upon being convicted of such violation, the penalty imposed shall be in accordance with Section 201 of the Standard Traffic Ordinance, adopted by section 14-101, and amendments thereto, or such other similar provision as the city may then have in effect.

(b) Micro Utility Vehicles.

(1) It shall be unlawful for any person to operate a micro utility truck:

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

(B) On any public highway or street within the corporate limits of any city unless authorized by such city.

(2) Definitions.

(A) Micro utility truck means any motor vehicle which is not less than 48 inches in width, has an overall length, including the bumper, of not more than 160 inches, has an unladen weight, including fuel and fluids, of more than 1,500 pounds, can exceed 40 miles per hour as originally manufactured and is manufactured with a metal cab. Micro utility truck does not include a work-site utility vehicle as defined in the Standard Traffic Ordinance adopted by subsection (a) of this section, and amendments thereto.

(3) Operation.

(A) Micro utility trucks are restricted to work-site to work-site by the most direct route. Micro utility trucks may operate upon the public highways, streets, roads and alleys within the corporate limits of the city of Tonganoxie to get from work-site to work-site.

(B) No micro utility truck shall be operated on any public highway or street, unless such truck complies with the equipment requirements under Article 17 of Chapter 8 of the Kansas Statutes Annotated and amendments thereto.

(C) No micro utility truck shall be operated on any interstate highway, federal highway or state highway; provided, however, that the provisions of this subsection shall not prohibit a micro utility truck from crossing a federal or state highway.

(D) Micro utility trucks are defined as motor vehicles; they meet the definition of "passenger car" in K.S.A. 8-1343a and amendments thereto. If originally equipped with safety belts, the Child Safety Act and Safety Belt Use Act apply on public roads.

(E) Every person operating a micro utility truck on the public highways, streets, roads and alleys of the city of Tonganoxie shall be subject to all of the duties applicable to a driver of a motor vehicle imposed by law, including but not limited to the applicable provisions of the Standard Traffic Ordinance adopted by section 14-101, and amendments thereto.

(4) Driver License Requirements.

(A) No person shall operate a micro utility truck on any public highway, street, road or alley within the corporate limits of the city unless such person has a valid driver’s license. Violation of this is punishable by a fine of not more than $1,000 or by imprisonment for not more than six months or by both such fine and imprisonment.

(5) Insurance Requirements.

(A) Every owner of a micro utility truck shall provide liability coverage in accordance with Section 200 of the Standard Traffic Ordinance, adopted by section 14-101, and amendments thereto, and the Kansas Automobile Injury Reparations Act, K.S.A. 40-3101 et seq., and amendments thereto, prior to operating such vehicle upon the public highways, streets, roads and alleys within the corporate limits of the city of Tonganoxie.

(6) Penalty.

(1) It shall be unlawful for any person to operate a UTV:

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

(B) Within the corporate limits of the city of Tonganoxie, unless authorized by city as listed below.

(2) Definitions.

(A) UTV, or "side by side," as identified by all of the following required features: a properly installed roll over protection system (ROPS); properly installed and functioning headlights, tail lights and brake lights; safety harness or seat belt for each passenger; steering wheel; weight of at least 1,000 pounds.

(3) Operation.

(A) UTVs are restricted to city streets with speed limits of 30 miles per hour or less.

(B) UTVs must be in compliance with the city’s noise ordinance as adopted by section 11-201, public offenses, and amendments thereto.

(C) Every person operating a UTV shall be subject to all of the duties applicable to a driver of a motor vehicle imposed by law, including but not limited to the applicable provisions of the standard traffic ordinance adopted by Section 14-101 and amendments thereto.

(D) Registration sticker, as obtained below, must be displayed on UTV.

(4) Driver License Requirements.

(A) No person shall operate a UTV on any public street within the corporate limits of the city unless such person has a valid driver’s license. Violation of this is punishable by a fine of not more than $1,000 or by imprisonment for not more than six months or by both such fine and imprisonment.

(B) All provisions of Section 200 of the Standard Traffic Ordinance, Adopted.

(5) Insurance Requirements.

(A) Every owner of a UTV shall provide liability coverage in accordance with Section 200 of the Standard Traffic Ordinance, adopted by section 14-101, and amendments thereto, and the Kansas Automobile Injury Reparations Act, K.S.A. 40-3101, et seq., and amendments thereto, prior to operating such vehicle upon streets, roads and alleys within the corporate limits of the city of Tonganoxie.

(6) Registration/Inspection with the City of Tonganoxie.

(A) All UTVs require an annual inspection, to be performed by the Tonganoxie police department, which verifies adherence to requirements. Applicable registration and inspection fees must be collected at the time of registration.

(B) UTV owner must provide proof of paid Kansas personal property tax on UTV.

(7) Fines.

(A) Fine for operating an unregistered vehicle is $500, of which $300 will be applied to the cost of annual registration/inspections.

(Ord. 1294; Ord. 1469, Sec. 1)

14-205. TRUCK WEIGHT RESTRICTED.

(a) No truck type motor vehicle having a road load in excess of five tons shall travel on the city streets for any purpose except upon streets within the industrial park and trucks making service deliveries to commercial establishments or residences. This article will not apply to buses, which are designed primarily for the purpose of carrying passengers.

(b) Any government vehicle is exempt from this provision.

(Ord. 1294)

14-206. PARKING ON UNIMPROVED SURFACES.

(a) Definitions. As used in this section:

“Building line” means a line parallel or approximately parallel to the street line and beyond which buildings or fences may not be erected.

“Corner lot” means a residential property located at the intersection or confluence of two or more streets such that public street rights-of-way are directly adjacent to at least two contiguous sides of the lot.

“Driveway” means the primary improved or unimproved parking surface which provides egress and ingress from a garage, carport or off-street parking area to an adjacent street or alley.

“Front yard” means the area from the front face of a residential structure to the front property line or street right-of-way line or, when a structure does not exist, the area from the front building line to the front property line or street right-of-way.

“Improved parking surface” means an area used for the parking or storage of vehicles that is overlaid or otherwise paved with concrete, asphalt, paving stones or other hard surfaced durable material approved by the building official.

“Rear yard” means the area from the rear face of a residential structure to the rear property line.

“Side yard” means the area from the side of a residential structure to the side property line.

“Vehicle” means every device in, upon or by which any person or property is or may be transported or drawn or moved upon a street, highway, waterway or airway and shall include any automobile, bus, truck, tractor, motor house, farm machinery, motorcycles, scooters, mopeds, all-terrain vehicles, boats, aircraft, recreational vehicles, golf carts, go-carts, trailers, fifth wheel trailers, campers, camper shells, wheeled towing frames, semi-tractor trailers, truck beds mounted on chassis and mobile homes. This definition does not include nonmotorized bicycles, small engine lawn mowers and devices of similar scale.

(b) Regulations.

(1) Parking on unimproved surfaces is prohibited. A person commits an offense if, upon a residential single-family, duplex or townhouse lot or tract:

(A) The person causes, permits or allows the parking or storage of any vehicle in the front yard upon any surface other than an improved parking surface.

(B) The person causes, permits or allows the parking or storage of any vehicle in the side yard.

(C) The person causes, permits or allows the parking or storage of any vehicle in the rear yard upon any surface other than an improved parking surface.

(2) No driveway or improved parking surface shall cover more than 67 percent of a front yard, and/or more than 30 percent of a rear yard. Driveways and improved parking surfaces are strictly prohibited in the side yard.

(3) Any newly created improved parking surface shall be in conformance with the city’s zoning code, Section 20 (Off-Street Parking and Loading Regulations).

(4) An acceptable improved parking surface shall be solid and uniform in area, and shall comprise an area slightly larger than the vehicle parked on it.

(c) Maintenance. All improved parking surfaces shall be maintained in a good and safe condition and be free of holes, cracks or other failures that may affect the use, safety, appearance or drainage of the improved parking surface or of an adjoining property.

(d) Penalty. Violation of this section is a misdemeanor punishable by a fine in an amount not to exceed $500.

(Ord. 1479, Sec. 1)

14-207. PARKING; WHERE PROHIBITED, PRIVATE PROPERTY.

No person shall stop, stand, park or leave standing any motor vehicle, whether attended or not attended, in any private driveway, yard, parking area or upon any other private property without the consent of the owner or person in charge thereof.

(Ord. 1294)

14-208. REMOVAL OF PARKED VEHICLE ON PRIVATE PROPERTY.

(a) Whenever any police officer finds a motor vehicle standing in violation of section 14-207 either through his or her personal knowledge or upon complaint of the owner or manager of the private property, he or she is hereby authorized to remove such motor vehicle or request the owner thereof to remove it. If the vehicle is unattended, the officer is authorized to remove the violating vehicle to a public garage or other place of safety as expeditiously as possible.

(b) Any motor vehicle so removed and taken into custody by the police of this city shall be held by the police until the owner or his or her authorized agent applies for the release of the same and pays the costs of removing and storing the vehicle.

(Ord. 1294)

14-209. PARKING IN RESIDENTIAL AREAS.

Reserved.

(Ord. 1294)

14-210. SNOWSTORM; PARKING REGULATIONS; VEHICLES.

(a) All persons having vehicles parked on the streets of the city shall remove the same therefrom within two hours after any snowfall which shall leave a covering of four inches or more, to be measured by the Tonganoxie street department.

(b) All cars remaining in the street two hours after such snowfall as described in this section and obstructing snow removal operations of the street department shall be towed off the street. All tow-in charges shall be paid by the owner of any vehicle so removed from the street.

(Ord. 1294)

14-211. PARKING PROHIBITED ON CERTAIN CITY STREETS.

(a) No person shall stop, stand, or park a motor vehicle except when necessary to avoid conflict with other traffic or in compliance with direction of a police officer or traffic control device where official “No Parking” signs or signs of lesser restriction have been installed.

(b) No person shall stop, stand or park a motor vehicle on city streets in the Urban Hess Business Park or the Highland Ridge Business Park, to include Woodfield Drive, Commerce Drive, Michaels Court, and Industrial Drive, except for the following:

(1) While waiting to load or unload at or near an existing business; or

(2) In compliance with direction of a police officer; or

(3) In compliance with a traffic control device.

(c) A violation of this section shall result in a conviction of a traffic infraction. The penalty of a violation of this section may result in a fine not to exceed $500 and the towing of illegally parked vehicles or trailers.

(d) Any vehicle towed at the expense of the city shall not be released until the owner or owner’s representative has paid in full all expenses of removal including towing and storage charges.

(Ord. 1294; Ord. 1406, Sec. 1)

14-212. TIME LIMITATION ON PARKING.

No person shall park or place any vehicle upon the streets, alleys, boulevards or other public ways continuously for a period of more than 72 hours. The police department may cause such vehicles parked in excess of 72 hours to be removed and impounded.

(Ord. 1294)

14-213. DRIVING, STOPPING, STANDING AND PARKING OF MOTOR VEHICLES IN BIKE LANE PROHIBITED.

It shall be unlawful to drive, stop, park or allow a motor vehicle to stand in any path or roadway area set aside and marked as a bike lane. A motorized bicycle shall not be considered as a motor vehicle for purposes of this section.

(Ord. 1294)

14-214. VARIANCES ALLOWED IN PARKING REGULATIONS.

Whenever by reason of unusual or peculiar conditions pertaining to a particular building, structure, lot or tract as related to the existing or appropriate development within the immediate vicinity the strict application of a provision in this article will work an unnecessary hardship, the governing body shall have the power to grant a variance or exemption from such provision. Such variances shall be in harmony with both the spirit and intent of this article and such variance or exemption does not change the classification of the property nor make any changes in zoning ordinances.

(Ord. 1294)