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HomeMy Public PortalAboutOrd 376 2002 St.Traffic Ord (First Published in the Ark Valley News on the _ day of September, 2002.) THE CITY OF BEL AIRE, KANSAS ORDINANCE NO. .J?0 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 2002, WITH CERTAIN CHANGES AND ADDITIONS; PRESCRIBING ADDITIONAL REGULATIONS; PROVIDING CERTAIN PENALTIES; AND REPEALING ORDINANCES NUMBER 61, 110, 169, 174, 177, 233, 290, 313, 337, 346, 361 AND ALL OTHER CONFLICTING ORDINANCES. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BEL AIRE, KANSAS: Section 1. Incorporatinq 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 2002, 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. .3 Ji ," 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. 1 Section 2. Amendinq 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 or industrial 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 3. 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 2 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 4. Speed Limits 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 53rd 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 53rd Street North is forty (40) miles per hour. Said speed limit is subordinate to all school zones properly established by ordinance. Section 5. Speed Limits on Rock Road 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 Rock Road within the corporate limits of the City of Bel Aire, Kansas from 45th Street North to 53rd Street North, hereby determines and declares that the speed limit on Rock Road within the corporate limits of the City of Bel Aire, Kansas from 45th Street North to 53rd Street North is forty (40) miles per hour. Said speed limit is subordinate to all school zones properly established by ordinance. Section 6. Speed Limits on 53rd 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 53rd Street North within the corporate limits of the City of Bel Aire, Kansas from Woodlawn Street to Rock Road, hereby determines and declares that the speed limit on 53rd Street North within the corporate limits of the City of Bel Aire, Kansas from Woodlawn Street to Rock Road is forty (40) miles per hour. Said speed limit is subordinate to all school zones properly established by ordinance. Section 7. Speed Limits on 37th 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 3 found to exist upon 37th Street North within the corporate limits of the City of Bel Aire, Kansas from Woodlawn Street to Oliver Street, hereby determines and declares that the speed limit on 37th Street North within the corporate limits of the City of Bel Aire, Kansas from Woodlawn Street to Oliver Street is forty (40) miles per hour. Said speed limit is subordinate to all school zones properly established by ordinance. Section 8. 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 Perry ton 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 Perry ton Street to Danbury Street is twenty (20) miles per hour. Said speed limit is subordinate to all school zones properly established by ordinance. Section 9. Amendinq Section 105 and Addinq Sections 105a and 105b 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 $200 or by imprisonment for six months, or both.' Section 105a of the Standard Traffic Ordinance shall read as follows: 'Sec. 105a. Transportation of Drug Paraphernalia. (a) No person shall transport in any vehicle upon any highway or street any instrument, device or drug paraphernalia which is used to possess, conceal, smoke, administer, manufacture, or sell any illegal drug pursuant to the Kansas Uniform 4 Controlled Substances Act (K.S.A. 65-4101 et seq.). (b) Violation of this section is punishable by a fine of not less than $50 or more than $200 or by imprisonment for six months, or both.' Section 105b of the Standard Traffic Ordinance shall read as follows: 'Sec. 105b. Careless Driving (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 10. Stop Signs and Yield Siqns Stop signs and yield signs, as enforced pursuant to Section 59 of the Standard Traffic Ordinance, shall be erected pursuant ordinances and resolutions adopted by the governing body of the City of Bel Aire, Kansas which specify particular intersections as stop and yield intersections and providing for the erection of stop signs and yield signs. Section 11. 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. 5 Section 12. Penaltv 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 13. Repeal Ordinances Number 61,110,169,174,177,233,290,313,337,346,361 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 14. 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 J? day of ~~ ,2002. Approved by the Mayor this I? day of ~ ,2002. 'or:tli.t"~". ,\ .......'__: I"j /, ,.,~ l.J"',,'.,""',rl.~,~1 f,t: "", '.l ,'; (' j ~\:q.'r'\)"-' \ :;' " '.'" , y. ,\, . J ~ ,~AL: ,', i C i T r j i " . _." \ ..~.j"'...-"r '~, f ,,' '.... ;.. "ITII l; "7":"'~: ,t\ \ .. \ 1, . ", Ifh"'f "I ,,'. I ,. i 'It-) Al(11"~T ,< ~,\ \ \',J\. . J. BE EMS COUNCIL PRESIDENT ~/~ CITY CL K, SHERRYL L. CUTTER 6