HomeMy Public PortalAboutOrd 233 Stand Traffic Ord 1993
(First Published in the ARK VALLEY NEWS
on the ~\....day of <)"'-pi- e ~ hc'1" , 1993.)
THE CITY OF BEL AIRE, KANSAS
ORDINANCE NO. "z 33
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 1993, WITH CERTAIN CHANGES
AND ADDITIONS; PRESCRIBING ADDITIONAL
REGULATIONS; PROVIDING CERTAIN PENALTIES; AND
REPEALING ORDINANCES NUMBER 61, 110, 169, 174,
177, AND ALL OTHER CONFLICTING ORDINANCES.
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 1993,
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. ,~.31 ," 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 Driving
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 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.
Amending 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 intraschool 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.
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.
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 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.
Section 7.
Traffic Infractions and Traffic Offenses
(a) An ordinance traffic infraction is a violation of any
section of this Ordinance that prescribes or requires the sarne
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 8.
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 9.
ReDeal
Ordinances Number 61, 110, 169, 174 and 177 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 10.
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 ;( l-2}" day of J ~/j ,
1993.
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