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Home My Public Portal AboutOrd 346 Amend St.Traffic Ord (First Published in the Ark Valley News on the 'L\ day of ;::)t.>.(\f) ,2001.) - THE CITY OF BEL AIRE, KANSAS ORDINANCE NO. 346 AN ORDINANCE REGULATING TRAFFIC WITHIN THE CORPORATE LIMITS OF THE CITY OF BEL AIRE, KANSAS BY AMENDING ORDINANCE NUMBER 313 WHICH INCORPORATES BY REFERENCE THE "STANDARD TRAFFIC ORDINANCE FOR KANSAS CITIES," EDITION OF 1998, WITH CERTAIN CHANGES AND ADDITIONS. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BEL AIRE, KANSAS: Section 1. Amending Section 30 of the "Standard Traffic Ordinance for Kansas Cities" Section 30 of the "Standard Traffic Ordinance for Kansas Cities," Edition of 1998, as adopted by Ordinance 313 is amended to read as follows: "See, 30, Driving Under the Influence of Intoxicating Liquor or Drugs; Penalties. (a) No person shall operate or attempt to operate any vehicle within this city while: (1) The alcohol concentration in the person's blood or breath as shown by any competent evidence, including other competent evidence, as defined in paragraph (1) of subsection (f) of K.S.A. 8-1013, and amendments thereto, is .08 or more; (2) The alcohol concentration in the person's blood or breath, as measured within two hours of the time of operating or attempting to operate a vehicle, is .08 or more; (3) Under the influence of alcohol to a degree that renders the person incapable of safely driving a vehicle; 1 (4) Under the influence of any drug or combination of drugs to a degree that renders the person incapable of safely driving a vehicle; or (5) Under the influence of a combination of alcohol and any drug or drugs to a degree that renders the person incapable of safely driving a vehicle. (b) No person shall operate or attempt to operate any vehicle within this city if the person is a habitual user of any narcotic, hypnotic, somnifacient or stimulating drug, (c) If a person is charged with a violation of this section involving drugs, the fact that the person is or has been entitled to use the drug under the laws of this state shall not constitute a defense against the charge. (d) Upon a first conviction of a violation of this section, a person shall be guilty of a class B misdemeanor and 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 fined not less than $500 nor more than $1,000. 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. In addition, the court shall enter an order which requires that the person enroll in and successfully complete an alcohol and drug safety action education program or treatment program as provided in K.S.A. 8-1008, and amendments thereto, or both the education and treatment programs. (e) On a second conviction of a violation of this section, a person shall be guilty of a class A misdemeanor and sentenced to not less than 90 days nor more than one year's imprisonment and fined not less than $1,000 nor more than $1,500. The person convicted must serve at least 10 consecutive days' imprisonment before the person is granted probation, suspension or reduction of sentence or parole or is otherwise released. After 10 consecutive days have been served, the court may place the person convicted under a work release program provided such work release program requires such person to return to confinement at the end of each day in the work release program or under a house arrest program, pursuant to K.S.A. 21-4603b, and amendments thereto, to serve the remainder of the sentence. As a condition of any grant of probation, suspension of sentence or parole or of any other release, the person shall be required to enter into and complete an inpatient or outpatient treatment program for alcohol and drug abuse as provided in K.S.A. 8-1008, and amendments thereto. An alcohol and drug safety action education program shall not qualify as a treatment program under this subsection. (f) Third or a subsequent violations of this section shall be filed in district court as a nonperson felony. (g) Any person convicted of violating this section who had a child under the age of 14 years 2 in the vehicle at the time of the offense shall have such person's punishment enhanced by one month of imprisonment. This imprisonment must be served consecutively to any other penalty imposed for a violation of this section or an ordinance which prohibits the acts that this section prohibits. During the service of the one month enhanced penalty, the person shall not be eligible for house arrest, work release or other conditional release. (h) The court may establish the terms and time for payment of any fines, fees, assessments and costs imposed pursuant to this section. Any assessment and costs shall be required to be paid not later than 90 days after imposed, and any remainder of the fine shall be paid prior to the final release of the defendant by the court. (i) In lieu of payment of a fine imposed pursuant to this section, the court may order that the person perform community service specified by the court. The person shall receive a credit on the fine imposed in an amount equal to $5 for each full hour spent by the person in the specified community service. The community service ordered by the court shall be required to be performed not later than one year after the fine is imposed or by an earlier date specified by the court. If by the required date the person performs an insufficient amount of community service to reduce to zero the portion of the fine required to be paid by the person, the remaining balance of the fine shall become due on that date. U) The court shall report every conviction of a violation of this section and every diversion agreement entered into in lieu of further criminal proceedings or a complaint alleging a violation of this section to the division. Prior to sentencing under the provisions of this section, the court shall request and shall receive from the division a record of all prior convictions obtained against such person for any violations of any of the motor vehicle laws of this state. (k) For the purpose of determining whether a conviction is a first, second, third, or subsequent conviction in sentencing under this section: (1) "Conviction" includes being convicted of a violation ofthis section or entering into a diversion agreement in lieu of further criminal proceedings on a complaint alleging a violation of this section; (2) "Conviction" includes being convicted of a violation of a law of any state or an ordinance of another city, or resolution of any county, which prohibits the acts that this section prohibits or entering into a diversion agreement in lieu of further criminal proceedings in a case alleging a violation of such law, ordinance or resolution; (3) Any convictions occurring during a person's lifetime shall be taken into account when determining the sentence to be imposed for a first or second offender; (4) It is irrelevant whether an offense occurred before or after conviction for a 3 previous offense; and (5) A person may enter into a diversion agreement in lieu of further criminal proceedings for a violation of this section, and amendments thereto, or an ordinance which prohibits the acts of this section, and amendments thereto, only once during the person's lifetime. (I) Upon conviction, the Court is authorized to order that the convicted person pay restitution to any victim who suffered loss due to the violation for which the person was convicted. (m) No plea bargaining agreement shall be entered into nor shall the judge approve a plea bargaining agreement entered into for the purpose of permitting a person charged with a violation of this section to avoid the mandatory penalties established by this section. For the purpose of this subsection, entering into a diversion agreement pursuant to K.S.A. 12- 4413 et seq. or 22-2906 et seq., and amendments thereto, shall not constitute plea bargaining. (n) The alternatives set out in subsections (a)(1), (a)(2) and (a)(3) may be pleaded in the alternative, and the city shall not be required to, may elect one or two of the three prior to submission of the case to the fact finder. (0) For the purpose of this section: (1) "Alcohol concentration" means the number of grams of alcohol per 100 milliliters of blood or per 210 liters of breath. (2) "Imprisonment" shall include any restrained environment in which the court and law enforcement agency intend to retain custody and control of a defendant and such environment has been approved by the governing body of a city." All other Sections of Ordinance 313 not in conflict herewith are not repealed and remain in full force and effect. Section 2. Effective Date This Ordinance shall be published in the official city newspaper and take effect and be in force on July 1, 2001. 4 Passed by the City Council this ~ xi day of a lA/hJ I 2001. f Approved by the Mayor this S~ day of atuJ, I 2001. v1 .' J '\, j,,,, lit r~ c V,", ..,....-...'-.., '" '.. ' /[;..r.""',,' ,'- '" - "" ,', ',,~r ,,',"-"''lo,,' ~ 0",,1,,(', :~'~~ ~", '.,.", ,\,.I ,,'"""'....\,. , ?' .' .,'"'.. " \..' .-1' ..'-~ :\'", v , ,--.., ,,' :\\','\ ' ""'S' .~'.., 'll I ~:"',.\ . " \ \" ,,' ~, (<\ . /. <"', .' v' '/.. ...., ',; -,' \ ~"'/" \ \\ ...", .,',,1/ ,,'\: /-' ~.. "';', '\ \ \ . \ \, ";:' - " 1",' ...", "..,; ',. A;;TES1:Jl\ ' .... .~, ",' ' ~ c?< ~JdA CITY CLE I SHERRYL L. CUTTER 5