CHAPTER XIV. TRAFFICCHAPTER XIV. TRAFFIC\ARTICLE 1. STANDARD TRAFFIC ORDINANCE

There is hereby incorporated by reference for purpose of regulating traffic within the corporate limits of the city of Attica, Kansas, that certain standard traffic code known as “Standard Traffic Ordinance for Kansas Cities”, Edition of 2014, prepared and published in book form by the League of Kansas Municipalities, Topeka, Kansas, except such articles, sections, parts or portions as are hereafter omitted, deleted, modified or changed. No fewer than three copies of said Standard Ordinance shall be marked or stamped “Official Copy as adopted by Ordinance Number G-1202-14-03” with all sections or portions thereof intended to be changed 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.

(Code 1991; Ord. G-1126-05-07; Ord. G-1200-13-06; Ord. G-1202-14-03; Code 2015)

(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. 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.

(Code 1991; Ord. G-1126-05-07; Ord. G-1200-13-06; Ord. G-1202-14-03; Code 2015)

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 be not less than $10.00 nor more than $300.00 plus $65.00 court costs as authorized by Ordinance number G-1137-06-06, except for speeding which shall be not less than $25.00 nor more than $500.00, plus costs as set forth above. 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.

(Code 1991; Ord. G-1126-05-07; Ord. G-1200-13-06; Ord. G-1202-14-03; Code 2015)

(a)   The following Articles and Sections of the Standard Traffic Ordinance for Kansas Cities are omitted:

(1)   Article 6 of said Standard Traffic Ordinance relating to Serious Traffic Offenses is hereby declared to be, and is omitted and deleted.

(2)   Section 194 of Article 19 of said Standard Traffic Ordinance relating to Driving while License Canceled, Suspended or Revoked is hereby declared to be, and is omitted and deleted.

(3)   Section 195.1 of Article 19 of said Standard Traffic Ordinance relating to Operation of a Motor Vehicle when a Habitual Violator is hereby declared to be, and is omitted and deleted.

(4)   Section 200 of Article 19 of said Standard Traffic Ordinance relating to Operation of a Motor Vehicle without Motor Vehicle Liability Insurance is hereby declared to be, and is omitted and deleted.

(b)   Nothing within this section shall be construed to prohibit the enforcement, citation or arrest, under applicable statute of the State of Kansas, of persons violating State statutes relating to the same or similar violations as those omitted and deleted by subsection (a) above, nor to prohibit the prosecution of such violations in other courts by the appropriate officials of such courts..

(Code 1991; Ord. G-1126-05-07; Ord. G-1200-13-06; Ord. G-1202-14-03; Code 2015)

(a)   The following section is hereby added to the Standard Traffic Ordinance as new section 28.1:

Section 28.1 CARELESS DRIVING.

       No person shall operate or halt a vehicle in such manner so as to indicate a careless or heedless disregard for the rights or safety of persons or property, or in such a manner so as to endanger or be likely to endanger any person or property.

       Any person convicted of a violation of this section shall be subject to the penalties set forth as provided by Section 14-103.

(b)   Section 33 of the Standard Traffic Ordinance is hereby amended to read as follows:

Section 33 MAXIMUM SPEED LIMITS.

(1)   Except as provided in subsection (2) and except when a special hazard exists that requires lower speed for compliance with K.S.A. 8-1557, and amendments thereto, the limits specified in this subsection or established as authorized by law shall be maximum lawful speeds, and no person shall operate a vehicle at a speed in excess of such maximum limits:

(A)  In any business district, 20 miles per hour;

(B)  In any urban district, 20 miles per hour;

(C)  On any separated multilane highway, as designated and posted by the secretary of transportation, 75 miles per hour;

(D)  On any county or township highway, 55 miles per hour; and

(E)   On all other highways, 65 miles per hour.

(2)   No person shall drive a school bus to or from school, or interschool or intraschool functions or activities, at a speed in excess of the maximum speed limits provided in subsection (a), except that the board of education of any school district may establish by board policy lower maximum speed limits for the operation of such district’s school buses. The provisions of this subsection relating to school buses shall apply to buses used for the transportation of students enrolled in community colleges or area vocational schools, when such buses are transporting students to or from school, or functions or activities. (K.S.A. Supp. 8-1558)

(3)   The maximum speed limits in this section may be altered as authorized in K.S.A. 8-1559 and K.S.A. 8-1560, and amendments thereto.

(Code 1991; Ord. G-1126-05-07; Ord. G-1200-13-06; Ord. G-1202-14-03; Code 2015)

Article 5, Section 23 of the Standard Traffic Ordinance for Kansas Cities, Edition of 2014, which was incorporated by Ordinance No. G-1202-14-03, is amended to read as follows:

Sec. 23. Accident Involving Death or Personal Injuries; Penalties.

(a)   The driver of any vehicle involved in an accident resulting in injury to, great bodily harm to or death of any person or damage to any attended vehicle or property shall immediately stop such vehicle at the scene of such accident, or as close thereto as possible, but shall then immediately return to and in every event shall remain at the scene of the accident until the driver has fulfilled the requirements of Section 25.

(b)   A person who violates subsection (a) when an accident results in:

(1)   Total property damages of less than $1,000 shall be punished as provided in Section 201.

(2)   Injury to any person or total property damages in excess of $1,000 or more shall be punished by imprisonment for not more than one year or by a fine of not more than $2,500, or by both such fine and imprisonment.

(c)   The driver shall comply with the provisions of section 26.1.

(K.S.A. Supp. 8-1602; Code 2015)

Article 19, Section 200 of the Standard Traffic Ordinance for Kansas Cities, Edition of 2014, which was incorporated by Ordinance No. G-1202-14-03, is amended to read as follows:

Sec. 200. Motor Vehicle Liability Insurance.

(a)   Every owner shall provide motor vehicle liability insurance coverage in accordance with the provisions of the Kansas Automobile Injury Reparations Act, K.S.A. 40-3101, et seq., for every motor vehicle owned by such person, unless such motor vehicle: (1) Is included under an approved self-insurance plan as provided in K.S.A. 40-3104(f); (2) is used as a driver training motor vehicle, as defined in K.S.A. 72-5015, and amendments thereto, in an approved driver training course by a school district or an accredited nonpublic school under an agreement with a motor vehicle dealer, and such motor vehicle liability insurance coverage is provided by the school district or accredited nonpublic school; (3) is included under a qualified plan of self-insurance approved by an agency of the state in which such motor vehicle is registered and the form prescribed in subsection (b) of K.S.A. 40-3106, and amendments thereto, has been filed; or (4) is expressly exempted from the provisions of the Kansas Automobile Injury Reparations Act.

(b)   An owner of an uninsured motor vehicle shall not permit the operation thereof upon a highway or upon property open to use by the public, unless such motor vehicle is expressly exempted from the provisions of the Kansas Automobile Injury Reparations Act.

(c)   No person shall knowingly drive an uninsured motor vehicle upon a highway or upon property open to use by the public, unless such motor vehicle is expressly exempted from the provisions of the Kansas Automobile Injury Reparations Act.

(d)

(1)   Any person operating a motor vehicle upon a highway or upon property open to use by the public shall display, upon demand, evidence of financial security to a law enforcement officer. Such evidence of financial security which meets the requirements of subsection (e) may be displayed on a cellular phone or any other type of portable electronic device. The law enforcement officer to whom such evidence of financial security is displayed shall view only such evidence of financial responsibility. Such law enforcement officer shall be prohibited from viewing any other content or information stored on such cellular phone or other type of portable electronic device. The law enforcement officer shall issue a citation to any person who fails to display evidence of financial security upon such demand. The law enforcement officer shall transmit a copy of the insurance verification form prescribed by the secretary of revenue with the copy of the citation transmitted to court.

(2)   No citation shall be issued to any person for failure to provide proof of financial security when evidence of financial security meeting the standards of subsection (e) is displayed upon demand of a law enforcement officer. Whenever the authenticity of such evidence is questionable, the law enforcement officer may initiate the preparation of the insurance verification form prescribed by the secretary of revenue by recording information from the evidence of financial security displayed. The officer shall immediately forward the form to the department of revenue, and the department shall proceed with verification in the manner prescribed in the following paragraph. Upon return of a form indicating that insurance was not in force on the date indicated on the form, the department shall immediately forward a copy of the form to the law enforcement officer initiating preparation of the form.

(e)   Unless the insurance company subsequently submits an insurance verification form indicating that insurance was not in force, no person charged with violating subsections (b), (c) or (d) shall be convicted if such person produces in court, within 10 days of the date of arrest or of issuance of the citation, evidence of financial security for the motor vehicle operated, which was valid at the time of arrest or of issuance of the citation. Such evidence of financial security may be produced by displaying such information on a cellular phone or any other type of portable electronic device. Any person to whom such evidence of financial security is displayed on a cellular phone or any other type of portable electronic device shall be prohibited from viewing any other content or information stored on such cellular phone or other type of portable electronic device. For the purpose of this subsection, evidence of financial security shall be provided by a policy of motor vehicle liability insurance, an identification card or certificate of insurance issued to the policyholder by the insurer which provides the name of the insurer, the policy number, make and year of the vehicle, and the effective and expiration dates of the policy, or a certificate of self-insurance signed by the commissioner of insurance.

(f)   Any person violating any provision of this section shall be guilty of a violation of this ordinance and subject to a fine of not less than $300 nor more than $1,000 or by imprisonment for a term of not more than six months, or both such fine and imprisonment, except that any person convicted of violating any provision of this section within three years of any such prior conviction shall be guilty of a violation of this ordinance and subject to a fine of not less than $800 nor more than $2,500 or by imprisonment for a term not to exceed one year, or both such fine and imprisonment.

(K.S.A. Supp. 40-3104; Code 2015)