HomeMy Public PortalAboutOrd 406 Snow Emerg Streets
(First Published in the Sedgwick County Post
on the.!I:i:.A. day of ./)~r..f .....Jel", 2003.)
THE CITY OF BEL AIRE, KANSAS
ORDINANCE NO. .y{)fo
AN ORDINANCE REGULATING SNOW EMERGENCY
STREETS WITHIN THE CORPORATE LIMITS OF THE
CITY OF BEL AIRE, KANSAS AND PROVIDING FOR
PENALTIES FOR THE VIOLATION THEREOF.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BEL AIRE,
KANSAS:
Section 1. Snow Emergency Street Drivinq
When snow, sleet or freezing rain is causing slippery or hazardous
conditions which might lead to a serious traffic emergency, no person shall operate
a motor vehicle on any snow emergency street in such manner or in such condition
as to allow or permit such vehicle to become stalled by reason of the fact that the
driving wheels of such vehicle are not equipped with effective snow tires.
Whenever a motor vehicle becomes stalled for any reason on any part of a
snow emergency street on which there is a covering of snow, sleet or ice, the
person operating such vehicle shall take immediate action to have the vehicle
towed or pushed off the roadway of such snow emergency street. No person shall
abandon or leave a motor vehicle in the roadway of a snow emergency street,
except for the purpose of securing assistance during the actual time necessary to
go to a nearby telephone or other place of assistance and return without delay.
Section 2. Snow Emerqency Street Parkinq
Whenever snow has accumulated to a depth of four (4) inches or more or
there is a possibility that snow will accumulate to a depth offour (4) inches or more,
no person shall park a motor vehicle on any snow emergency street or allow or
permit such vehicle to remain parked on any snow emergency street until snow
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Section 3. Vehicle Removal from Snow EmerQency Street
Any Bel Aire Police Officer is authorized to remove or cause to be removed
to a place of safety, any motor vehicle which is stalled on a snow emergency street
on which there is a covering of snow, sleet or ice, in violation of the provisions of
Section 1 of this Ordinance or parked on a snow emergency street, in violation of
the provisions of Section 2 of this Ordinance, and such motor vehicle either
obstructs the normal movement or traffic or is interfering or about to interfere with
snow removal operations.
Section 4. ,Definitions
For the purpose of this ordinance, "motor vehicle" means every device in,
upon or by which any person or property may be transported or drawn upon a
highway, except devices moved by animal or human power or used exclusively
upon stationary rails or tracks.
For the purpose of this ordinance, "snow emergency street" means a street
designated as such by a Resolution of the Governing Body of the City of Bel Aire,
Kansas.
For the purpose of this ordinance, "snow tires" means tires mounted on drive
wheels of motor vehicles which are especially designed to give effective traction on
snow, mud, or ice covered streets by means of extra heavy duty tread with special
high-traction patterns, except that no tire so defined shall be constructed to be a
snow tire if it is damaged or worn to the extent that its performance would be
substantially impaired.
For the purpose of this ordinance, "street" means that portion of a public
right-of-way improved, designed and ordinarily used for vehicular travel.
Section 5. Penalty
Any person, individual, partnership, corporation or association who violates
any of the provisions of this Ordinance is guilty of an ordinance violation, and upon
conviction in the Municipal Court of the City of Bel Aire, Kansas, shall be punished
by a fine not to exceed $50.00. Each day any violation hereof is found to exist shall
be a separate offense and punishable as such hereunder.
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Any summons issued in accordance with this Ordinance shall be attached to
such motor vehicle instructing the owner or operator to answer the charges of said
violations before the Municipal Court of the City of Bel Aire, Kansas.
In any proceeding for the violation of the provisions of this Ordinance, the
registration plate displayed upon the vehicle in violation shall constitute in evidence
a prima facie presumption that the owner of such vehicle was the person who
parked or placed such vehicle at the place where the violation occurred.
Section 6. ,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 f) ~ ,2003.
Approved by the Mayor this ~ ;..) day of f)u~ ,2003.
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CITY CL6 K, SHERRYL L. CUTTER
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