HomeMy Public PortalAboutOrd 446 Standard Traffic Ord 2007
-
.
.
.
"7
(First Published in the Ark Valley News
on the _ day of , 2006.)
)
THE CITY OF BEL AIRE, KANSAS
ORDINANCE NO. /f,/(p
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
2006, WITH CERTAIN CHANGES AND ADDITIONS;
PRESCRIBING ADDITIONAL REGULATIONS; PROVIDING
CERTAIN PENALTIES; AND REPEALING ORDINANCES
NUMBER 61, 110, 169, 174, 177,233,290,313,337,361,
376, 429 AND ALL OTHER CONFLICTING ORDINANCES.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BELAIRE, 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 2006, 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. /fLfC:; ," 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 heatth, 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. Said speed limit is subordinate to all school zones
properly established by ordinance.
2
.~
'..
.
.
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 property 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 five (45) miles per hour. Said speed limit is subordinate to all
school zones property 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 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
3
"-
.
.
.
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 Perryton 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 ofthe City of He I Aire, Kansas from Perryton 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. AddinQ Sections 106a. 106b and 106c
Section 106a of the Standard Traffic Ordinance shall read as follows:
'Sec. 106a. Consumption of Alcbholic 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 ofthis section is punishable by a fine of not less than $50 or more than
$200 or by imprisonment for six months, or both.'
Section 106b of the Standard T rafflc Ordinance shall read as follows:
'Sec. 106b. 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 Controlled
Substances Act (K.S.A. 65-4101 et seq.).
4
w-
.
(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 106c of the Standard Traffic Ordinance shall read as follows:
'Sec. 106c. 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 Sians and Yield Sians
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. 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 13. Repeal
Ordinances Number61, 110, 169, 174, 177,233,290,313,337,361,376 and 429
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 .~M day of ~ ,2006.
Approved by the Mayor this ~Ad day of ~ ,2006.
~~
MAYOR, DR. BRIAN WITHROW
SEAL
ATTEST:
6