HomeMy Public PortalAboutOrd 313 98 St. Traffic Code
(First Published in the /II' k
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THE CITY OF BEL AIRE, KANSAS
ORDINANCE NO. 3 J 6
AN ORDINANCE REGULATING TRAFFIC WITHIN THE
CORPORATE LIMITS OF THE CITY OF BEL AIRE,
KANSAS; INCORPORATING BY REFERENCE THE
"STANDARD TRAFFIC ORDINANCE FOR KANSAS
CITIES," EDITION OF 1998, WITH CERTAIN CHANGES
AND ADDITIONS; PRESCRIBING ADDITIONAL
REGULATIONS; PROVIDING CERTAIN PENALTIES;
AND REPEALING ORDINANCES NUMBER 61, 110, 169,
174,177,233,290 AND ALL OTHER CONFLICTING
ORDINANCES.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BEL
AIRE, KANSAS:
Section 1. Incorooratina Standard Traffic Ordinance
There is hereby incorporated by reference for the purpose of
regulating traffic within the corporate limits of the City of Bel Aire, Kansas,
that certain standard traffic ordinance known as the "Standard Traffic
Ordinance for Kansas Cities," Edition of 1998, prepared and published in
book form by the League of Kansas Municipalities, Topeka, Kansas, save
and except certain articles, sections, parts or portions as are hereafter
omitted, deleted, modified or changed. No fewer than three (3) copies of
said Standard Traffic Ordinance shall be marked "Official Copy as adopted
by Ordinance No. .J 1.3 ," 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. The Police Department, Municipal Judge and all
administrative departments of the City charged with enforcement of the
Ordinance shall be supplied, at the cost of the City, such number of official
copies of such Standard Traffic Ordinance similarly marked, as may be
deemed expedient.
Section 2. Careless Drivina
The following offense is hereby added to the Standard Traffic
Ordinance, as herein adopted, to-wit:
Careless Drivina (a) No person shall operate or halt any 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. Any driver who does so shall be
considered to be prima facie in violation of this section, provided, however,
that this section shall not apply to a vehicle driven by a person upon property
owned by him/her.
(b) No person, while driving, shall engage in any activity which
interferes with the safe control of his/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.
(d) Every person convicted of Careless Driving shall be punished by a
fine of not more than $500.00 or by a term of imprisonment for not more
than six (6) months, or by both such fine and imprisonment.
Section 3. Amendina Section 33
Section 33 of the Standard Traffic Ordinance is amended to read as
follows:
"Sec. 33. Maximum Speed Limits.
(a) Except when a special hazard exists that requires lower speed for
compliance with Section 32, 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:
(1) Twenty (20) miles per hour in any business district;
(2) Thirty (30) miles per hour in any residence district;
(3) Twenty (20) miles per hour in any park; and
(4) Fifty-five (55) miles per hour in all other locations.
However, when the State of Kansas or the governing body of
Sedgwick County, Kansas or the City of Bel Aire, Kansas determines on the
basis of an engineering and traffic investigation that the maximum speed
established herein is not consistent with the normal and reasonable
movement of traffic on any highway or part of a highway, the State of
Kansas or the governing body of Sedgwick County, Kansas or the City of
Bel Aire, Kansas may determine and declare a maximum speed limit on
said highway or said part of a highway consistent with said engineering and
traffic investigation. Said maximum speed limit shall become effective when
posted upon the appropriate highway or part of a highway and no person
shall drive a vehicle at a speed in excess of such maximum limit.
(b) No person shall drive a school bus to or from school or interschool
or intra school functions or activities at a speed greater than 45 miles per
hour on any roadway having dirt, sand or gravel surface, and in no event
shall a school bus be driven to and from school or activities in excess of 55
miles per hour, notwithstanding any maximum speed limit in excess thereof.
The provisions of this subsection shall apply to buses used for the
transportation of students enrolled in community junior colleges or area
vocational schools when such buses are transporting students to or from
school functions or activities."
Section 4. Speed Limit on 45th Street North
The Governing Body having determined it in the best interest of the
health, safety and welfare of the citizens of Bel Aire, Kansas that the speed
limit permitted under Section 33 of the Standard Traffic Ordinance is not
reasonable under the conditions found to exist upon 45th Street North within
the corporate limits of the City of Bel Aire, Kansas from Rock Road to Oliver
Street, hereby determines and declares that the speed limit on 45th Street
North within the corporate limits of the City of Bel Aire, Kansas from Rock
Road to Oliver Street is forty (40) miles per hour. Said speed limit is
subordinate to all school zones properly established by ordinance.
Section 5. Speed Limit on Woodlawn Street
The Governing Body having determined it in the best interest of the
health, safety and welfare of the citizens of Bel Aire, Kansas that the speed
limit permitted under Section 33 of the Standard Traffic Ordinance is not
reasonable under the conditions found to exist upon Woodlawn Street within
the corporate limits of the City of Bel Aire, Kansas from 37th Street North to
49th Street North, hereby determines and declares that the speed limit on
Woodlawn Street within the corporate limits of the City of Bel Aire, Kansas
from 37th Street North to 49th Street North is forty (40) miles per hour. Said
speed limit is subordinate to all school zones properly established by
ordinance.
Section 6. Speed Limit on Certain Other Streets
The Governing Body having determined it in the best interest of the
health, safety and welfare of the citizens of Bel Aire, Kansas that the speed
limit permitted under Section 33 of the Standard Traffic Ordinance is not
reasonable under the conditions found to exist upon Danbury Street within
the corporate limits of the City of Bel Aire, Kansas from Janesville Street to
Woodlawn Street, Gunnison Street within the corporate limits of the City of
Bel Aire, Kansas from Danbury Street to Woodlawn access road and
Woodlawn access road within the corporate limits of the City of Bel Aire,
Kansas from perryton Street to Danbury Street, hereby determines and
declares that the speed limit on Danbury Street within the corporate limits of
the City of Bel Aire, Kansas from Janesville Street to Woodlawn Street,
Gunnison Street within the corporate limits of the City of Bel Aire, Kansas
from Danbury Street to Woodlawn access road and Woodlawn access road
within the corporate limits of the City of Bel Aire, Kansas from perryton
Street to Danbury Street is twenty (20) miles per hour.
Section 7. Amending Section 105
Section 105 of the Standard Traffic Ordinance is amended to read as
follows:
"Sec. 105. Consumption of Alcoholic Liquor or Cereal Malt Beverages.
(a) No person shall consume any alcoholic liquor or cereal malt
beverage while operating any vehicle upon any street or highway.
(b) Violation of this section is punishable by a fine of not less than $50
or more than 4200 or by imprisonment for six months, or both."
Section 8. Traffic Infractions and Traffic Offenses
(a) An ordinance traffic infraction is a violation of any section of this
Ordinance 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 Ordinance, and
which are not ordinance traffic infractions, as defined in subsection (a) of
this section, shall be considered traffic offenses.
Section 9. 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 $10.00 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. A person tried and
convicted for violation of an ordinance, traffic infraction or other traffic
offense for which no fine has been established in a schedule of fines shall
pay a fine fixed by the Court not to exceed $2500.00.
Section 1 o. Repeal
Ordinances Number 61, 110, 169, 174, 177,233 and 290 are hereby
repealed. All other ordinances or parts of other ordinances in conflict
herewith are repealed. However, any section of an existing ordinance not in
conflict herewith is not repealed and remains in full force and effect.
Section 11. Effective Date
This Ordinance shall take effect and be in force from and after its
publication in the official city newspaper.
Passed by the City Council this /54 day of /)u Jl~ , 1998.
Approved by the Mayor this J~4 day of j)../At~ , 1998.
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ATTEST:
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CITY CLER ,SHERRYL L. CUTTER