HomeMy Public PortalAboutOrd 110 St Traffic Ord 1986
(First Published in the .Da:JJf 8<f ~
on the ~ day of O.U'~ t-tA. ,1986.)
THE CITY OF BEL AIRE, KANSAS
ORDINANCE NO. /1 ()
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 1986, WITH CERTAIN OMISSIONS,
CHANGES AND ADDITIONS; PROVIDING CERTAIN
PENALTIES AND REPEALING ORDINANCE NO. 91.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BEL AIRE, KANSAS:
Section 1.
Incorporating 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 1986, prepared and
published in book form by the League of Kansas Municipalities, Topeka
Kansas, save and except certain articles, sections, parts or portion, as
are hereafter omitted, deleted, modified or changed. Not less than three
(3) copies of said "Standard Traffic Ordinance" shall be marked or stamped
"Official Copy as adopted by Ordinance No. 110 " with all sections or
portions thereof intended to be omitted or changed and to which shall be
attached a copy of this Ordinance, and filed with the City Clerk to be
open for 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. Section 194 of the "Standard Traffic Ordinance for
Kansas Cities", Edition 1986, as herein adopted is amended and changed to
read as follows:
Sec. 194 Driving While Suspended or Revoked; Penatly (a) (a) Any
person who drives a motor vehicle on any street or highway at a time when
such person's privilege so to do is cancelled, suspended or revoked shall
upon conviction be punished by imprisonment for not more than six months or
fined not to exceed $500, or both.
."'......-
(2) No person shall be convicted under this section if such person
was entitled at the time of arrest under K.S.A. 8-257, to the return of
such person's driver's license or was, at the time of the arrest, eligible
under K.S.A. 8-256, to apply for a new license to operate a motor vehicle.
(3) Except as otherwise provided by subsection (a) (4), every person
convicted under this section shall be sentenced to at least five days'
imprisonment and fined at least $100 and upon a second or subsequent
conviction shall not be eligible for parole until completion of five days'
imprisonment.
(4) If a person (A) is convicted of a violation of this section,
committed while the person's privilege to drive was suspended or revoked
for a violation of Section 30 of this ordinance or K.S.A. 8-1567, or any
ordinance of any city or a law of another state, which ordinance or law
prohibits the acts prohibited by Section 30 of this Ordinance or K.S.A.
Supp. 8-1567, and (B) is or has been also convicted of a violation of
Section 30 of this ordinance or K.S.A. 8-1567 or of a municipal ordinance
or law of another state, which ordinance or law prohibits the acts
prohibited by Section 30 of this Ordinance or K.S.A. 8-1567, committed
while the person's privilege to drive was so suspended or revoked, the
person shall not be eligible for suspension of sentence, probation or
parole until the person has served at least 90 days' imprisonment, and any
fine imposed on such person shall be in addition to such a term of
imprisonment.
(b) For the purposes of determining whether a conviction is a first,
second, third or subsequent conviction in sentencing under this section,
"conviction" includes a conviction of a violation of any ordinance of any
city or a law of another state which is in substantial conformity with this
section. (K.S.A. Supp. 8-262)
Section 3. The following offense is hereby added to the "Standard
Traffic Ordinance" as herein adopted, to wit:
CARELESS DRIVING
A. No person shall operate or halt any vehicle in such a 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.
B. No driver, while driving, shall engage in any activity which
interferes with the safe control of his vehicle.
C. No person shall engage in any activity or commit any act which
interferes with a drivers 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 4.
Penalty for Scheduled Fines
The fine for violations of an ordinance, traffic infarction 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
infarction 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
$1,000.00.
Section 5.
Repeal
Ordinance No. 91 is hereby repealed.
Section 6.
Effective Date
This ordinance shall take effect and be in force from and after its
publication in the official city newspaper.
,'''-" (..~! { 'y'
,~,,~.^>~~ p,a:~~~~{J::>Y the City Council this~~ day of D~ , 1986.
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';}j<'>>> "'>'/APpr6V~.by the Mayor this 3~ day of D~, 1986.
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~i~:""j~/,,;,"! ~!:~__
>",,, ';> >. ". ~ MAYOR , DALE E. HALTER
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CITY CLERK(/SHERRYL L. CUTTER