There is hereby incorporated by reference for the purpose of regulating traffic within the corporate limits of the City of Lakin, Kansas, that certain standard traffic ordinance known as the Standard Traffic Ordinance for Kansas Cities, 48th Edition, prepared and published in book form by the League of Kansas Municipalities, Topeka, Kansas, hereinafter referred to as Standard Traffic Ordinance, save and except such articles, sections, parts, or portions as are hereafter omitted, deleted, modified, added, or amended. One official copy of the Standard Traffic Ordinance shall be marked or stamped "Official Copy as Adopted by Ordinance 923", 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 this ordinance, and filed with the City Clerk to be open to inspection and available to the public at all reasonable hours. All references to the Standard Traffic Ordinance as adopted and incorporated into the Lakin City Code shall be in a form designating Section 14-101 followed in parenthesis followed by the section number of the Standard Traffic Ordinance, as incorporated. (For example, Section 33 of the Standard Traffic Ordinance as incorporated shall be referred to as Section 14-101(33).)

(Ord.890; Ord. 893; Code 2018; Ord. 905; Ord. 919; Ord. 923)

(a)   Omissions. The following sections contained in Article 14 of the Standard Traffic Ordinance for Kansas Cities are hereby omitted and deleted:

(b)   Amendment. The following section of the Standard Traffic Ordinance is hereby amended to read as follows:

Section 1.  Definitions.

(a)   As used in the Standard Traffic Ordinance, as incorporated, and as used in other traffic ordinances of the city, the words and phrases defined in Section 1 of Article 1 of the Standard Traffic Ordinance shall have the meanings respectively ascribed to them therein and any such definitions are hereby incorporated by reference as if fully set forth herein, except as expressly provided in subsection (b) or except when the context otherwise requires.

(b)   Notwithstanding the definitions of Section 1 of Article 1 of the Standard Traffic Ordinance as incorporated by subsection (a), the following words and phrases shall have the meanings ascribed to them as set forth below:

(1)   Police Officer. Every law enforcement officer, as defined in K.S.A. 21-5111, and amendments thereto, authorized to direct or regulate traffic or to make arrests for violations of traffic regulations. (K.S.A. 8-1450)

(c)   Amendment. The following section of the Standard Traffic Ordinance is hereby amended to read as follows:

Section 6.  Obedience to Authorized Persons Directing Traffic.

       No person shall willfully fail or refuse to comply with any lawful order or direction of any police officer or firefighter of this city invested by law with authority to direct, control or regulate traffic, or with any lawful order or direction of any person employed and authorized by Unified School District No. 215 to direct, control or regulate traffic at school crossing zones.

(d)   Amendment.  The following section of the Standard Traffic Ordinance is hereby amended to read as follows:

Section 29.  Reckless Driving; Penalties.

(a)   Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.

(b)   Upon a first conviction of a violation of this section a person shall be sentenced to not less than five (5) days nor more than 90 days’ imprisonment or fined not less than $25 nor more than $500, or by both such fine and imprisonment. On a second or subsequent conviction of a violation of this section, a person shall be sentenced to not less than ten (10) days nor more than six (6) months imprisonment, or fined not less than $50 nor more than $500, or both such fine and imprisonment.

(e)   Amendment.  The following section of the Standard Traffic Ordinance is hereby amended to read as follows:

Section 33.  Maximum Speed Limits.

(a)   Except when a special hazard exists that requires lower speed for compliance with Section 14-101(32) of the Lakin City Code, the limits specified in this section or established as authorized by law, including, but not limited to, K.S.A. 8-1559 or K.S.A. 8-1560, and amendments thereto, shall be maximum lawful speeds, and no person shall drive a vehicle at a speed in excess of such maximum limits:

(1)   In any urban district, 30 miles per hour;

(2)   On any separated multilane highway, as designated and posted by the secretary of transportation, 75 miles per hour;

(3)   On any county or township highway, 55 miles per hour; and

(4)   On all other highways, 65 miles per hour.

(b)   The maximum speed limit established by or pursuant to this section shall be of force and effect regardless of whether signs are posted giving notice thereof and notwithstanding any signs giving notice of maximum speed limit in excess thereof. Any sign giving notice of a maximum speed limit in excess of the limits established by or pursuant to this section shall not be of any force or effect.

(c)   Whenever any appropriate sign shall be placed by lawful authority along any street or parking or marked on any curb, or otherwise giving notice of any prohibited or special use of the street or highway adjacent thereto or limiting the speed of vehicles in such zones or controlling the use thereof, it shall be unlawful for any person to refuse or fail to comply with such signs or directions.

(d)   The maximum speed limits in this section may be altered by the City pursuant to K.S.A. 8-1560, and amendments thereto, or by the Secretary of the Kansas Department of Transportation pursuant to K.S.A. 8-1559, and amendments thereto. In the event that a maximum speed limit established pursuant to this subsection for a designated street is different than or is in conflict with any maximum speed limit established in subsection (a), the maximum speed limit established pursuant to this subsection shall control the maximum speed limit in effect on the designated street.

(e)   In the event that the maximum speed limit established by or pursuant to this section is greater than any special speed limitation applicable to certain vehicles pursuant to the Lakin City Code, including, but not limited to, Sections 14-101(33.1) or 14-101(35), any such special speed limitation shall control the maximum speed limit for such vehicle.

(f)   Amendment.  The following section of the Standard Traffic Ordinance is hereby amended to read as follows:

Section 93.  Parking Disabled and Other Vehicles.

       A person shall not use the public highway to abandon vehicles or use the highway to leave vehicles unattended in such a manner as to interfere with public highway operations.  When a person leaves a motor vehicle on a public highway or other property open to use by the public, the city having jurisdiction of such highway or other property open to use by the public, after forty-eight (48) hours or when the motor vehicle interferes with public highway operations, may remove and impound the motor vehicle.

(g)   Amendment.  The following section of the Standard Traffic Ordinance is hereby amended to read as follows:

Section 115.  Unlawful Riding on Vehicles; Persons 14 years of Age and Older.

(a)   It shall be unlawful for any person fourteen (14) years of age or older to ride on any vehicle or upon any portion thereof not designed or intended for use of passengers when the vehicle is in motion.

(b)   It shall be unlawful for the operator of any vehicle to allow any person (fourteen) 14 years of age or older to ride on any vehicle or upon any portion thereof not designated or intended for the use of passengers when the vehicle is in motion.

(c)   This section shall not apply to:

(1)   An employee engaged in the necessary discharge of the employee’s duty within truck bodies in space intended for merchandise or cargo; or

(2)   When the vehicle is being operated in parades, caravans, or exhibitions which are officially authorized or otherwise permitted by ordinance, resolution, or law.

(h)   Amendment.  The following section of the Standard Traffic Ordinance is hereby amended to read as follows:

Section 147. Tail Lamps.

(a)   Every motor vehicle, trailer, semi-trailer, and pole trailer, and any other vehicle which is being drawn at the end of a combination of vehicles, shall be equipped with at least two (2) tail lamps mounted on the rear, which, when lighted as required in Section 14-101(144) of the Lakin City Code, shall emit a red light plainly visible from a distance of 1,000 feet to the rear, except that passenger cars manufactured or assembled prior to July 1, 1959, shall have at least one (1) tail lamp. On a combination of vehicles, only the tail lamps on the rearmost vehicle need actually be seen from the distance specified. On vehicles equipped with more than one (1) tail lamp, the lamps shall be mounted on the same level and as widely spaced laterally as practicable.

(b)   Every tail lamp upon every vehicle shall be located at a height of not more than seventy-two (72) inches or less than fifteen (15) inches.

(c)   Either a tail lamp or a separate lamp shall be so constructed and placed as to illuminate with a white light the rear registration plate and render it clearly legible from a distance of fifty (50) feet to the rear.  Any tail lamp or tail lamps, together with any separate lamp for illuminating the rear registration plate, shall be so wired as to be lighted whenever head lamps or auxiliary driving lamps are lighted.

(i)    Amendment.  The following section of the Standard Traffic Ordinance is hereby amended to read as follows:

Section 175.  Noise Prevention; Mufflers.

(a)   Every vehicle shall be equipped, maintained, and operated so as to prevent excessive or unusual noise.

(b)   Every motor vehicle at all times shall be equipped with a muffler or other effective noise suppressing system in good working order and in constant operation.

(c)   No person shall use a muffler cut-out, bypass, or similar device.

(d)   The engine and power mechanism of every motor vehicle shall be so equipped and adjusted as to prevent the escape of excessive fumes or smoke.

(e)   No vehicle shall be equipped with a Jake Brake or any mechanical exhaust device designed to aid in the stopping or braking of the vehicle, in a manner so as to create excessive, loud, or unusual or explosive noises from the vehicle.

(j)    Amendment.  The following section of the Standard Traffic Ordinance is hereby amended to read as follows:

Section 196.  Unauthorized Operator.

(a)   No person shall authorize or knowingly permit a motor vehicle owned by such person and under such person's control to be driven upon any highway by any person who has no legal right to do so, or who does not have a valid driver’s license.

(b)   Any person who violates this section shall be guilty of an ordinance violation, and on conviction shall be fined not more than five hundred dollars ($500) or be sentenced to not more than ninety (90) days’ imprisonment, or sentenced to both such fine and imprisonment.

(k)   Amendment.  The following section of the Standard Traffic Ordinance is hereby amended to read as follows:

Section 197.  Unauthorized Minors.

(a)   No person shall cause or knowingly permit such person’s child or ward under the age of eighteen (18) years to drive a motor vehicle upon any highway when such minor person is not authorized under the laws of Kansas to drive a vehicle.

(b)   Any person who violates this section shall be guilty of an ordinance violation, and on conviction shall be fined not more than five hundred dollars ($500) or be sentenced to not more than ninety (90) days’ imprisonment, or be sentenced to both such fine and imprisonment.

(l)    Amendment.  The following section of the Standard Traffic Ordinance is hereby amended to read as follows:

Section 201.1.  Failure to Comply with a Traffic Citation.

(a)   It shall be unlawful to fail to comply with a traffic citation. Failure to comply with a traffic citation means failure either to:

(1)   Appear before the municipal court in response to a traffic citation and pay in full any fine and court costs imposed; or

(2)   Otherwise comply with a traffic citation issued for an ordinance traffic infraction. Failure to comply with a traffic citation shall be unlawful regardless of the disposition of the charge for which such citation was originally issued.

(b)   In addition to penalties applicable under subsection (a), when a person fails to comply with a traffic citation, except for illegal parking, standing, or stopping, the municipal court in which the person should have complied with the citation shall mail notice to the person that if the person does not appear in municipal court or pay all fines, court costs and any penalties within thirty (30) days from the date of mailing notice, the Division will be notified to suspend the person’s driving privileges. The municipal court may charge an additional fee of $5 for mailing such notice. Upon the person’s failure to comply within such thirty (30) days of mailing notice, the municipal court shall electronically notify the Division. Upon receipt of a report of a failure to comply with a traffic citation under this subsection, pursuant to K.S.A. 8-255, and amendments thereto, the Division shall notify the violator and suspend the license of the violator until satisfactory evidence of compliance with the terms of the traffic citation has been furnished to the informing court. When the court determines the person has complied with the terms of the traffic citation, the court shall immediately electronically notify the Division of such compliance. Upon receipt of notification of such compliance from the informing court, the Division shall terminate the suspension or suspension action. In lieu of suspension under this subsection, the driver may submit to the Division a written request for restricted driving privileges pursuant to K.S.A. 8-2110(b), and amendments thereto. A person whose driver’s license has expired during the period when such person’s driver’s license has been suspended for failure to pay fines for traffic citations, the driver may submit to the division of vehicles a written request for restricted driving privileges pursuant to K.S.A. 8-2110(b), and amendments thereto.

(c)   On and after July 1, 2018, except as provided in subsections (d), when the municipal court notifies the Division of a failure to comply with a traffic citation pursuant to subsection (b), the court shall assess a reinstatement fee of $100 or in any amount authorized by K.S.A. 8-2110, and amendments thereto, for each charge on which the person failed to make satisfaction regardless of the disposition of the charge for which such citation was originally issued and regardless of any application for restricted driving privileges. Such reinstatement fee shall be in addition to any fine, restricted driving privilege application fee, court costs, and other penalties. The court shall remit all reinstatement fees to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto.

(d)   The municipal court shall waive the reinstatement fee provided for in subsection (c), if the failure to comply with a traffic citation was the result of such person enlisting in or being drafted into the armed services of the United States, being called into service as a member of a reserve component of the military service of the United States, or volunteering for such active duty, or being called into service as a member of the state of Kansas national guard, or volunteering for such active duty, and being absent from Kansas because of such military service.

(e)  (1)   A person who fails to comply with a traffic citation pursuant to subsection (a) and who is assessed a reinstatement fee pursuant to subsection (c) may petition the court that assessed the fee at any time to waive payment of the fee, any additional charge imposed pursuant to subsection (f), or any portion thereof. If it appears to the satisfaction of the court that payment of the amount due will impose manifest hardship on the person or the person's immediate family, the court may waive payment of all or part of the amount due or modify the method of payment.

(2)   A person who fails to comply with a traffic citation pursuant to subsection (a), who is assessed a reinstatement fee pursuant to subsection (c), and who is assessed a fine or court costs for a traffic citation may petition the court that assessed the fine or costs at any time to waive payment of the fine or costs, or any portion thereof. If it appears to the satisfaction of the court that payment of the amount due will impose manifest hardship on the person or the person's immediate family, the court may waive payment of all or part of the amount due or modify the method of payment.

(f)   In the event that the Kansas Supreme Court establishes an additional charge pursuant to K.S.A. 8-2110(f), and amendments thereto, the court shall assess such additional charge in addition to any reinstatement fee provided in subsection (c) and in the same manner as such reinstatement fee.

(Ord.890; Ord. 893; Code 2018; Ord. 905; Ord. 919; Ord. 923)

(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. 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.890; Code 2018)

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 $30 nor more than $500, except for speeding which shall not be less than $30. 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.890; Code 2018)