Chapter 142 TRAFFIC AND VEHICLES*
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*Cross reference(s)--Department of public works, § 2-346
et
seq.; moving of structures, § 26-581 et seq.; traffic rules for
ambulances, § 62-66 et seq.; streets, sidewalks and other public
places, ch. 130; vehicles for hire, ch. 154.
State law reference(s)--Automobiles and other vehicles
generally, K.S.A. ch. 8; powers of local authorities, K.S.A. 8-
2001 et seq.
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Article I. In General
Sec. 142-1. Definitions.
Sec. 142-2. Entrances to private property posted.
Sec. 142-3. Required obedience to traffic regulations.
Sec. 142-4. Inspection and tests of vehicles; authority of law
enforcement officers.
Sec. 142-5. Removal of vehicles for street and utility work.
Sec. 142-6. Display of license plates.
Sec. 142-7. Ambulance operators to notify police department of
emergency calls.
Secs. 142-8--142-35. Reserved.
Article II. Administration and Enforcement
Division 1. Generally
Sec. 142-36. Division of traffic engineering and municipal
parking.
Sec. 142-37. Duties of traffic engineer.
Sec. 142-38. Traffic authority of police officers.
Sec. 142-39. Records of violations.
Sec. 142-40. Driver's files to be maintained.
Sec. 142-41. Fees collected by the records section.
Secs. 142-42--142-60. Reserved.
Division 2. Enforcement Procedures
and Penalties
Sec. 142-61. Evidence constituting a prima facie case.
Sec. 142-62. Effect of sworn complaint.
Sec. 142-63. Disposition of fines and forfeitures.
Secs. 142-64--142-80. Reserved.
Division
3. Accidents and Accident Reports
Sec. 142-81. Reporting of accident.
Sec. 142-82. Duty of garagekeepers to report to police
department.
Sec. 142-83. Investigation of accidents.
Sec. 142-84. Filing of reports.
Secs. 142-85--142-100. Reserved.
Division 4. Vehicle Impoundment
Sec. 142-101. Authorized.
Sec. 142-102. Traffic warrants.
Sec. 142-103. Immobilization.
Sec. 142-104. Unclaimed motor vehicles.
Secs. 142-105--142-120. Reserved.
Division 5. Traffic Control Signs, Signals, Devices and Markings
Sec. 142-121. Authority to install traffic control devices.
Sec. 142-122. Traffic control signal legend.
Sec. 142-123. Uniform traffic manual adopted.
Secs. 142-124--142-150. Reserved.
Article III. Standard Traffic Ordinance
Sec. 142-151. Incorporation of standard traffic ordinance.
Sec. 142-152. Amendments.
Secs. 142-153--142-180. Reserved.
Article IV. General Rules of Vehicle Operation
Division 1. Generally
Sec. 142-181. Motorcycle area.
Sec. 142-182. Bicycle trail.
Sec. 142-183. Pedestrians, certain vehicles restricted on
interstate highway system.
Sec. 142-184. Vehicles used for primary purpose of advertising.
Sec. 142-185. Vehicles on levee unlawful.
Sec. 142-186. Limitations on backing.
Sec. 142-187. Speed limits.
Sec. 142-188. Inattentive, negligent or unsafe driving.
Sec. 142-189. Through streets.
Sec. 142-190. Funeral processions.
Sec. 142-191. Loud sound amplification systems in vehicles.
Secs. 142-192--142-210. Reserved.
Division 2. School Speed Zones
Sec. 142-211. Declaration of purpose.
Sec. 142-212. Definitions.
Sec. 142-213. Posting of signs; deviations authorized.
Sec. 142-214. Maximum school zone speed limit.
Sec. 142-215. Penalties for violation.
Secs. 142-216--142-235. Reserved.
Division
3. Turning Movements and Signals
Sec. 142-236. Authority to place and obedience to turning
markers.
Sec. 142-237. Authority to place and obedience to restricted turn
signs.
Sec. 142-238. U-turns.
Sec. 142-239. Left turns by franchised buses.
Sec. 142-240. Turning left into alley or driveway prohibited;
exceptions.
Secs. 142-241--142-265. Reserved.
Article V. Abandoned and Junked Vehicles
Sec. 142-266. Prohibitions.
Sec. 142-267. Authority to impound.
Sec. 142-268. Complaint; hold harmless agreement for towing off
of private property.
Sec. 142-269. Notification of impoundment and procedure for
claiming impounded vehicles.
Sec. 142-270. Towing and storage fees.
Sec. 142-271. Disposing of vehicles as junk.
Sec. 142-272. Proceeds of sales.
Secs. 142-273--142-300. Reserved.
Article VI. Stopping, Standing and Parking
Division 1. Generally
Sec. 142-301. Fine schedule.
Sec. 142-302. Operating, parking or occupying vehicle in parking
lot during hours lot is closed.
Sec. 142-303. Parking vehicle having offensive odor.
Secs. 142-304--142-325. Reserved.
Division 2. Reserved
Secs. 142-326--142-350. Reserved.
Division 3. Limited or Prohibited
Times or Places
Sec. 142-351. Stopping, standing or parking prohibited in street
parkings.
Sec. 142-352. All night parking in business district limited;
night parking on certain days.
Sec. 142-353. Parking more than 48 hours.
Sec. 142-354. Financial institution parking areas or lots.
Secs. 142-355--142-375. Reserved.
Division 4. Parking Meter Zones
Sec. 142-376. Establishment.
Sec. 142-377. Installation of parking meters.
Sec. 142-378. Parking meter spaces.
Sec. 142-379. Deposit of coins and time limits; disabled veterans
exempt.
Sec. 142-380. Unlawful to deposit slugs.
Sec. 142-381. Parking meter rates.
Sec. 142-382. Rates and fees.
Sec. 142-383. Permit for hood or cover.
Sec. 142-384. Unlawful use of or interference with hooded meters.
Sec. 142-385. Tampering with meters; hitching animals.
Sec. 142-386. Overtime parking.
Secs. 142-387--142-400. Reserved.
Division 5. Handicapped Parking
Sec. 142-401. "Handicapped person" defined.
Sec. 142-402. Traffic engineering survey.
Sec. 142-403. Designation of spaces by traffic engineer.
Sec. 142-404. Vehicles with disabled veteran tags.
Sec. 142-405. Volunteer program for enforcement assistance.
Secs. 142-406--142-425. Reserved.
Division 6. Block Parking Zones
Sec. 142-426. Defined.
Sec. 142-427. Parking restriction.
Sec. 142-428. Overtime parking.
Sec. 142-429. Duty of traffic officers.
Sec. 142-430. Violations.
Sec. 142-431. Exemptions.
Secs. 142-432--142-450. Reserved.
Division 7. Municipal Parking Stations
Sec. 142-451. Supervision.
Sec. 142-452. Rates and hours of operation generally.
Sec. 142-453. Change of fees.
Sec. 142-454. Use of skateboards, roller skates or bicycles
prohibited.
Secs. 142-455--142-475. Reserved.
Division 8. Loading Zones
Sec. 142-476. Established.
Sec. 142-477. Application.
Sec. 142-478. Marking.
Sec. 142-479. Revocation of privilege; transferability.
Sec. 142-480. Unlawful use.
Secs. 142-481--142-500. Reserved.
Division 9. Bus and Taxicab Stands
Sec. 142-501. Establishment.
Sec. 142-502. Application for and conditions of permit for
taxicab stands.
Sec. 142-503. Parking and standing of taxicabs and buses.
Sec. 142-504. Obedience by drivers of other vehicles.
Sec. 142-505. Authority to impound unauthorized vehicles in
designated zones.
Secs. 142-506--142-535. Reserved.
Article VII. Snow Routes
Sec. 142-536. Definitions.
Sec. 142-537. Traffic emergency proclamation.
Sec. 142-538. Notice of traffic emergency proclamation.
Sec. 142-539. Establishment.
Sec. 142-540. Posting of signs.
Sec. 142-541. Parking of vehicles on snow route prohibited during
traffic emergency.
Sec. 142-542. Driving on snow routes restricted during traffic
emergency.
Secs. 142-543--142-580. Reserved.
Article VIII. Trucks and Trailers
Sec. 142-581. All-night parking prohibited.
Sec. 142-582. Restricted in core area generally.
Sec. 142-583. Restricted in alleys in core area.
Sec. 142-584. Angle parking prohibited.
Secs. 142-585--142-610. Reserved.
Article IX. Bicycles
Division 1. Generally
Sec. 142-611. Riding on sidewalks regulated.
Secs. 142-612--142-635. Reserved.
Division 2. Bicycle Advisory Board
Sec. 142-636. Creation.
Sec. 142-637. Composition and qualifications.
Sec. 142-638. Appointment.
Sec. 142-639. Term.
Sec. 142-640. Compensation.
Sec. 142-641. Removal for missing meetings.
Sec. 142-642. Purpose; duties.
Sec. 142-643. Organization.
Sec. 142-644. Meetings; notice, agenda.
Sec. 142-645. Quorum, voting.
Secs. 142-646--142-675. Reserved.
Division 3. Individual License
Sec. 142-676. Required.
Sec. 142-677. Issuance.
Sec. 142-678. Licensing procedure.
Sec. 142-679. Fees.
Sec. 142-680. Altering license.
Secs. 142-681--142-700. Reserved.
Division 4. Business Licenses
Sec. 142-701. Required.
Sec. 142-702. Dealers.
Sec. 142-703. Rentals.
Sec. 142-704. Disposition of fees.
Secs. 142-705--142-735. Reserved.
Article X. Vehicle Weight Limits
Sec. 142-736. Definitions.
Sec. 142-737. Penalty for violation of article.
Sec. 142-738. Diversion; subsequent offenses.
Sec. 142-739. Compliance required.
Sec. 142-740. Stopping drivers suspected of violations.
Sec. 142-741. Removal of excess load.
Sec. 142-742. Failure to stop or comply.
Sec. 142-743. Weight-bearing axles.
Sec. 142-744. Weight limit--Vehicles generally.
Sec. 142-745. Same--Wheel and tire.
Sec. 142-746. Same--One-axle.
Sec. 142-747. Same--Two-axle.
Sec. 142-748. Same--Multiple-axle.
Sec. 142-749. Excess size and weight move permit.
Sec. 142-750. Limitation for interstate highways.
Sec. 142-751. Exception for garbage, refuse or waste disposal
trucks.
Sec. 142-752. Exception for certain materials trucks.
Secs. 142-753--142-780. Reserved.
Article XI. Parades
Division 1. Generally
Sec. 142-781. Definitions.
Sec. 142-782. Interference.
Sec. 142-783. Driving through parades.
Sec. 142-784. Parking on parade route.
Secs. 142-785--142-800. Reserved.
Division 2. Permit
Sec. 142-801. Required; exceptions.
Sec. 142-802. Application.
Sec. 142-803. Fee.
Sec. 142-804. Standards for issuance.
Sec. 142-805. Alternative permit.
Sec. 142-806. Notice of rejection.
Sec. 142-807. Appeal procedure.
Sec. 142-808. Notice to city and other officials.
Sec. 142-809. Contents of permit.
Sec. 142-810. Duties of permittee.
Sec. 142-811. Revocation.
ARTICLE I. IN GENERAL
Sec. 142-1. Definitions.
The following words, terms and phrases, when used in this
chapter, shall have the meanings ascribed to them in this
section, except where the context clearly indicates a different
meaning:
Angle or diagonal parking means the standing or parking of a
motor vehicle on a public street with the long axis of the
vehicle extending away from the street curb or roadway edge, and
with the front of the vehicle away from the center of the street
or roadway.
Core area means all streets within the area from the north
line of Third Street to the south line of 13th Street and from
the east line of Quincy Street to the west line of Topeka Avenue.
Parallel parking means:
(1) On streets with curbs, the standing
or parking of the
vehicle with the righthand wheels thereof
parallel and
within 12 inches of the righthand curb or
roadway edge,
subject to the exceptions permitting left
side parallel
parking as provided in this chapter.
(2) On streets without curbs, the standing
or parking of a
motor vehicle with the righthand wheels thereof
parallel with the right edge of the roadway
so that at
least 20 feet of the width of the roadway
remains for
the free movement of vehicular traffic.
Street parking means that portion of a street between the
curb or lateral lines of a roadway and the adjacent lot lines not
occupied by a sidewalk.
Traffic division means the traffic division of the city
police department created by ordinance or such other unit of the
police department as is designated functions under this chapter.
Traffic engineer means the traffic engineer of the city or
any person designated by the engineer to act in the engineer's
place for the purpose of enforcing ordinances of the city
relating to traffic.
Vehicle as used in section 142-266(b) means any vehicle
belonging to a person other than the person who owns or is
entitled to possession of the private property on which
abandonment occurs, propelled by power other than human power,
designed to travel along the ground by use of wheels, tread,
runners or slides, and transport persons or property or pull
machinery and shall include, without limitation, automobiles,
trucks, trailers, motorcycles, tractors, buggies and wagons.
Zones:
(1) Curb loading zone means a space adjacent
to a curb
reserved for the exclusive use of vehicles
during the loading or unloading of passengers or materials.
(2) No parking zones means portions of
streets described,
designated and established by the city council
as zones
within which parking is prohibited at all
times or at
stated times when signposted.
(3) No standing zones means portions
of streets described,
designated and established by the city council
as zones
within which standing or stopping is prohibited
at all
times or at stated times when signposted.
(4) Parking meter zones means portions
of streets
described, designated or established by the
city
council as zones within which the parking
of vehicles
shall be controlled, regulated and inspected
with the
aid of timing devices or meters, referred
to in this
chapter as parking meters.
(5) Passenger curb loading zone means
a place adjacent to a
curb reserved for the exclusive use of vehicles
during
the loading or unloading of passengers.
(6) Safety zone means the area of space
officially set
apart within a roadway for the exclusive use
of
pedestrians and which is protected or is so
marked or
indicated by adequate signs as to be plainly
visible at
all times while set apart as a safety zone.
Words and phrases not defined in this section shall have the
meaning ascribed to them by the laws of the state relating to
motor vehicles.
(Code 1981, § 43-1)
Cross reference(s)--Definitions generally, § 1-2.
State law reference(s)--Definitions applicable to traffic
act, K.S.A. 8-1401 et seq.
Sec. 142-2. Entrances to private property posted.
Whenever the person in possession or control of any private
property used by the public for purposes of vehicular traffic by
permission of the owner shall cause to be posted at each entrance
thereto a permanently lettered clearly legible sign with the
following legend:
TRAFFIC REGULATIONS
OF THE CITY OF TOPEKA ENFORCED ON THIS
PROPERTY. SPEED LIMIT 12 M.P.H. (OR AS POSTED.)
Then such private property shall thereafter be deemed to be under
the traffic regulations of the city as provided by law.
(Code 1981, § 43-87)
Sec. 142-3. Required obedience to traffic regulations.
It is unlawful for any person to do any act forbidden, or
fail to perform any act required, in this chapter.
(Code 1981, § 43-88)
Sec. 142-4. Inspection and tests of vehicles; authority of law enforcement officers.
(a) Any law enforcement officer may, upon reasonable cause,
require the driver of a vehicle to stop and submit such vehicle
and its equipment to an inspection and such test with reference
thereto as may be appropriate. If such vehicle is found to be in
unsafe condition or the required equipment is not present or is
not in proper repair and adjustment, the officer shall give a
written notice to the driver, and such notice shall require that
such vehicle be placed in a safe condition and its equipment in
proper repair and adjustment and a certificate of inspection and
approval of such vehicle be obtained within ten days. Every owner
or driver, upon receiving any such notice, shall comply therewith
and shall, within such ten days, secure an endorsement upon such
notice by any business doing vehicle repairs as a regular part of
their business operations that such vehicle is in a safe
condition and its equipment is in proper repair and adjustment.
(b) No person shall operate any vehicle after receiving a
notice with reference thereto as provided in this section, until
the vehicle and its equipment has been placed in proper repair
and adjustment and otherwise made to conform to the requirements
of this chapter; provided however, that the provisions of this
section shall not be construed to deny the authority of a law
enforcement officer to order any unsafe and dangerous vehicle to
be removed from the streets by towing the vehicle to the
residence or place of business of the owner or driver or to a
garage selected by the owner or driver.
(c) At the option of the owner, instead of repair, the
vehicle may be converted to a nonhighway title or junked. In that
instance, proof of nonhighway title or a copy of the signed-over
title, transferring ownership to a licensed salvage business for
junking, will be considered as compliance with subsection (a) of
this section.
(Code 1981, § 43-43)
State law reference(s)--Vehicle equipment, K.S.A. 8-1701 et
seq.
Sec. 142-5. Removal of vehicles for street and utility work.
(a) Authority to remove. Any law enforcement officer is
hereby authorized to remove or cause to be removed to the nearest
garage, the police impound lot, or other place of safety, any
vehicle found upon a street, road, alley or highway in the city
when such vehicle is parked illegally in violation of signs
prohibiting such parking, or if such vehicle is interfering with,
or would soon interfere with, street or utility construction,
street or utility maintenance, painting of street lines or
traffic control devices, or any planned maintenance work on
utilities.
(b) Interference with emergency work on streets or
utilities. Any law enforcement officer may remove to a garage,
police impound lot or other place of safety, any vehicle which is
parked in such a manner as to interfere with emergency work on
streets or utilities, regardless if such vehicle was otherwise
lawfully parked.
(c) Notification of vehicle removal. Notification of such
vehicle removal, assessment of towing fees and storage charges,
challenges to such removal and disposal of unclaimed vehicles removed
pursuant to this section shall be in accordance with the
procedures established in article V of this chapter.
(Code 1981, § 43-5)
Sec. 142-6. Display of license plates.
(a) Every vehicle, motor vehicle and motorized bicycle
parked, stopped, standing or operated on the streets, public
areas, park grounds, public or private parking lots or other
publicly accessible areas of the city shall display a state
license plate as provided by the laws of the state.
(b) It shall be unlawful to display on any vehicle described
in subsection (a):
(1) Any license plate not lawfully issued to such vehicle;
(2) Any expired license plate;
(3) Any suspended, revoked or canceled license plate;
(4) Any stolen license plate;
(5) Any altered, defaced or fictitious license plate;
(6) Any license plate without the current
registration
decal attached to it as required by state
law;
(7) Any state license plate that is not
securely attached
to the rear of the vehicle (unless such vehicle
is a
truck tractor), with the correct side up and
in a
manner that makes it clearly visible and legible;
or
(8) Any accessible parking placard which
is fictitious,
altered, defaced, canceled, revoked or suspended.
(c) It shall be unlawful for any person to allow any state
license plate registered to such person to be used in any
unlawful manner.
(Ord. No. 16584, § 1(43-707), 4-20-93)
State law reference(s)--Display of license plates, K.S.A. 8-
133.
Sec. 142-7. Ambulance operators to notify police department of
emergency calls.
Every person operating an ambulance upon the streets of the
city which answers calls in emergency cases shall, upon receipt
of the call to convey a patient in an emergency case, immediately
notify the police department of such call, giving the location of
the patient, the time the call was received and, if possible, the
hospital to which the patient is to be removed.
(Code 1981, § 43-96)
Cross reference(s)--Ambulances, § 62-26 et seq.
Secs. 142-8--142-35. Reserved.
ARTICLE
II. ADMINISTRATION AND ENFORCEMENT
DIVISION 1. GENERALLY
Sec. 142-36. Division of traffic engineering and municipal
parking.
(a) The division of traffic engineering and municipal
parking shall be under the supervision and jurisdiction of the
public works department.
(b) The principal officer of the division of traffic
engineering and municipal parking shall be the traffic engineer
who shall be a professional engineer with practical experience in
traffic engineering and shall be appointed by the director of
public works.
(c) The division of traffic engineering and municipal
parking shall consist of such other employees in addition to the
traffic engineer as are necessary for the operation of the
division of traffic engineering and municipal parking.
(Code 1981, § 43-18)
Cross reference(s)--Department of public works, § 2-346 et
seq.
Sec. 142-37. Duties of traffic engineer.
It shall be the general duty of the traffic engineer to:
(1) Conduct engineering investigations
of traffic and
parking conditions;
(2) Conduct engineering analyses of traffic
accidents and
devise remedial measures therefor;
(3) Determine the installation, proper
operation and
maintenance of traffic control devices;
(4) Administer and operate the municipal
parking stations
and onstreet parking program;
(5) Cooperate with other city officials
in the development
of ways and means to improve traffic and parking
conditions; and
(6) Carry out the additional powers and
duties imposed by
this chapter and other ordinances of the city.
(Code 1981, § 43-19)
Sec. 142-38. Traffic authority of police officers.
Officers of the police department or such officers as are
assigned by the chief of police are hereby authorized to direct
all traffic by voice, hand or signal in conformance with traffic
laws; provided, that if there is a fire or other emergency, or to
expedite traffic or to safeguard pedestrians, officers of the
police department may direct traffic as conditions may require
notwithstanding the provisions of the traffic laws.
(Code 1981, § 43-90)
State law reference(s)--Obedience to police required, K.S.A. 8-1503.
Sec. 142-39. Records of violations.
The traffic division shall keep a record of all violations
of this chapter and other traffic ordinances of this city of
which any person has been charged, except violations of any
ordinance regulating the parking or standing of vehicles,
together with a record of the final disposition of all such
alleged offenses. Such record shall be so maintained as to show
all types of such violations and the total of each. All forms for
records of violations and notices of violations shall be serially
numbered.
(Code 1981, § 43-22(a))
Sec. 142-40. Driver's files to be maintained.
(a) The traffic division shall maintain a suitable record of
all traffic accidents, warnings, arrests, convictions and
complaints reported for each driver which shall be filed
alphabetically under the name of the driver concerned.
(b) The traffic division shall study the cases of all the
drivers charged with frequent or serious violations of the
traffic laws or involved in frequent traffic accidents or any
serious accident, and shall attempt to discover the reasons
therefor, and shall take whatever steps are lawful and reasonable
to prevent a reoccurrence of the same or to have the licenses of
such persons suspended, revoked or canceled.
(Code 1981, § 43-23)
Sec. 142-41. Fees collected by the records section.
(a) Employers. In all cases where the records section of the
police department is requested and authorized to check and give
information from its files regarding individuals who may be
potential employees, or for any other purposes, a fee of $5.00
shall be charged for each name checked, such fee to be due and
payable at the time the check is made and the information is
given.
(b) Accident reports. In all cases where the records section
of the police department is requested to provide traffic accident
reports from its accident report files, a fee of $1.00 per page
shall be charged, such fee to be due and payable at the time the
accident report is given.
In any case where the records section is requested to provide any
other report from its files, a fee of $1.00 shall be charged for
each page of each such report requested, such fee to be due and
payable at the time the report copy is given. Requests which
require research of files older than one year will be charged a
research fee of $25.00 per hour. An estimated amount may be
required to be paid for such research in advance.
(c) Photographs. In all cases where the records section of
the police department is requested to provide copies of
photographs taken by the police department, the following fees
shall be charged:
(1) For each black and white picture requested:
a. For a 4-inch by 5-inch picture . . . . $ 2.00
b. For a 5-inch by 7-inch picture . . . . 2.50
c. For an 8-inch by 10-inch picture . . . . 5.00
d. For an 11-inch by 14-inch picture . . . . 6.50
e. For each Polaroid copy . . . . 5.00
f. For a 4-inch by 5-inch copy negative . . . . 5.00
(2) For each color picture requested:
a. For standard 127 and 35MM prints . . . . 2.50
b. For a 5-inch by 7-inch picture . . . . 3.50
c. For an 8-inch by 10-inch picture . . . . 6.50
d. For an 11-inch by 14-inch picture . . . . 8.00
e. For each color Polaroid copy . . . . 7.00
(3) For color slides:
a. Minimum order for slides . . . . 10.00
b. Color slides from prints (each) . . . . 1.25
Such fees are due and payable at the time the copies of
photographs are requested.
(d) Disposition. All fees collected under the provisions of
this section shall be paid into the city treasury as provided by
law.
(Ord. No. 16419, § 1(43-24), 2-18-92)
Secs. 142-42--142-60. Reserved.
DIVISION 2. ENFORCEMENT PROCEDURES
AND PENALTIES*
----------
*State law reference(s)--Violations generally, K.S.A. 8-2101
et seq.
----------
Sec. 142-61. Evidence constituting a prima facie case.
In any proceeding for the violation of the provisions of
this chapter, the state registration number plate displayed upon
the motor 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 motor vehicle at the place where
the violation occurred.
(Code 1981, § 43-44)
State law reference(s)--Owners allowing violations, K.S.A.
8-2102; parking presumption, K.S.A. 8-2114.
Sec. 142-62. Effect of sworn complaint.
Whenever any complaint charging a violation of this chapter
or other ordinance of the city regulating traffic is sworn to
before a police officer or other competent person, such complaint
shall be sufficient evidence of the facts alleged therein in the
absence of evidence to the contrary.
(Code 1981, § 43-45)
Sec. 142-63. Disposition of fines and forfeitures.
(a) All fines or forfeitures collected upon conviction, or
upon the forfeiture of bail, of any person charged with a
violation of any of the provisions of this chapter shall be paid
into the city treasury and deposited in the general fund;
provided, however, that all fines or forfeitures collected upon
conviction or upon the forfeiture of bail of any person charged
with a violation of section 142-386 shall be paid into the city
treasury and allocated as follows:
(1) Fifteen percent deposited in the general fund.
(2) Eighty-five percent deposited in
the parking meter fund
for the proper regulation, control and inspection
of
traffic upon the public streets and municipal
offstreet
parking facilities as provided for in section
142-
382(b).
(b) Failure, refusal or neglect on the part of any judicial
or other officer or employee receiving or having custody of any
fine or forfeiture collected as provided in subsection (a),
either before or after a deposit as provided in subsection (a),
to comply with the provisions of subsection (a) shall constitute
misconduct in office and shall be grounds for removal therefrom.
(Code 1981, § 43-46)
Secs. 142-64--142-80. Reserved.
DIVISION 3. ACCIDENTS
AND ACCIDENT REPORTS*
----------
*State law reference(s)--Accidents and accident reports,
K.S.A. 8-1601 et seq.
----------
Sec. 142-81. Reporting of accident.
It shall be the duty of the owner of every vehicle which
shall have been involved in an accident while driven or under the
physical control of any person other than the owner, and the
accident has not been reported to the police department as
provided in the Standard Traffic Ordinance as adopted and amended
by the city, to report or cause a report of such accident to be
made to the department forthwith upon discovery or knowledge of
such accident.
(Code 1981, § 43-41)
Sec. 142-82. Duty of garagekeepers to report to police
department.
It shall be the duty of the owner or person in charge of any
garage or repair shop in the city to which is brought any motor
vehicle which shows evidence of having been involved in an
accident or struck by any bullet to make a report to the police
department within 24 hours after such vehicle is received, giving
the engine number, registration number and the name and address
of the owner or operator or bailor of such vehicle.
(Code 1981, § 43-42)
Sec. 142-83. Investigation of accidents.
It shall be the duty of the traffic division, assisted by
other officers of the police department, to investigate traffic
accidents and to arrest and assist in the prosecution of those
persons charged with a violation of law causing or contributing
to such accidents.
(Code 1981, § 43-21)
Sec. 142-84. Filing of reports.
The traffic division shall maintain a suitable system of
filing traffic accident reports. Accident reports or cards
referring to them shall be filed alphabetically by location. Such
reports shall be available for use and information of the city
traffic engineer.
(Code 1981, § 43-22(b))
State law reference(s)--Reports by law enforcement officers
investigating accidents, K.S.A. 8-1611.
Secs. 142-85--142-100. Reserved.
DIVISION 4. VEHICLE IMPOUNDMENT
Sec. 142-101. Authorized.
Unattended, unsafe, stolen or disabled vehicles may be
impounded under the following conditions:
(1) When any motor vehicle is left unattended
upon a
street, highway or other public way, or upon
a bridge,
viaduct or railroad tracks, and as a result
thereof is
either illegally parked or placed or positioned
in such
a manner as to constitute a definite hazard
or
obstruction to the movement of traffic.
(2) When a motor vehicle upon a street,
highway or other
public way, or upon a bridge, viaduct or railroad
tracks, is so disabled as to constitute an
obstruction
to traffic and the person in charge of the
motor
vehicle is by reason of physical injury or
condition
incapacitated to such an extent as to be unable
to
provide for its custody or removal.
(3) When the driver of any motor vehicle
is taken into
custody by the police department and such
motor vehicle
would thereby be left unattended on a street,
highway
or other public way.
(4) When any motor vehicle is found being
driven on the streets or other public ways and is not in a proper
condition to be so operated.
(5) When any motor vehicle is parked
on a street, highway
or other public way and such motor vehicle
has been
reported or is reasonably suspected of being
stolen, or
when the motor vehicle does not display license
plates,
displays license plates reported stolen, or
displays
license plates not lawfully issued for such
vehicle.
(Code 1981, § 43-420)
State law reference(s)--Removal of vehicles from highways,
K.S.A. 8-1570.
Sec. 142-102. Traffic warrants.
Members of the police department may impound any motor
vehicle found upon a street, highway or other public property or
way within the city against which there have been issued two or
more traffic summonses for any violation of this chapter, and all
amendments thereto, and when the owner of such motor vehicle has
failed to appear as directed in the municipal court to answer any
such charge.
(Code 1981, § 43-421)
Sec. 142-103. Immobilization.
(a) Where it is not feasible to tow or immediately remove
motor vehicles against which there have been issued two or more
summonses, members of the police department and their agents are
authorized to temporarily and for a period not to exceed 48 hours
immobilize the motor vehicle by attaching or affixing an
appropriate device thereto. The person so attaching or affixing
the immobilizing device shall also conspicuously attach or affix
to such motor vehicle a notice in writing on a form to be
provided by the chief of police that the motor vehicle has been
immobilized; that release of the immobilization may be obtained
at a designated time and place; and that unless arrangements are
made for the release of the motor vehicle within 48 hours, the
motor vehicle will be removed by the police department.
(b) It shall be unlawful for any person to remove or cause
to be removed any immobilizing device or to move or cause to be
moved any motor vehicle on which an immobilizing device has been
placed before such vehicle is released by the police department.
Whenever any motor vehicle has been so immobilized in the manner
aforesaid, there shall be charged and collected by the police
department before the release of such motor vehicle a fee of
$4.00.
(Code 1981, § 43-422)
Sec. 142-104. Unclaimed motor vehicles.
Where any motor vehicle impounded under authority of this
division has not been claimed and all the costs, expenses and
fines connected therewith paid within 48 hours from the time of
the impoundment of the motor vehicle, then the motor vehicle
shall be considered abandoned and may be disposed of in the
manner provided in article V of this chapter.
(Code 1981, § 43-423)
Secs. 142-105--142-120. Reserved.
DIVISION 5. TRAFFIC CONTROL SIGNS, SIGNALS, DEVICES AND MARKINGS*
----------
*State law reference(s)--Traffic control signs, signals,
etc., K.S.A. 8-1507 et seq.; authority to regulate traffic by
means of traffic control devices, K.S.A. 8-2002(a)(2), 8-2005;
state approval for erection of devices at certain locations,
K.S.A. 8-2002(b).
----------
Sec. 142-121. Authority to install traffic control devices.
The traffic engineer may establish and fix the location of
such traffic control devices as may be deemed necessary to guide
and warn traffic under the provisions of this chapter, other
traffic ordinances and the state laws. The traffic engineer shall
place and maintain such traffic control signs, signals and
devices when and as may be required to make effective the
provisions of this chapter and other ordinances for the
regulation of traffic.
(Code 1981, § 43-133)
State law reference(s)--Local traffic control devices,
K.S.A. 8-2005.
Sec. 142-122. Traffic control signal legend.
Whenever traffic is controlled by traffic control signals
exhibiting different colored lights, or colored, lighted arrows,
successively one at a time or in combination, only the colors
green, red and yellow shall be used, except for special
pedestrian signals carrying a word legend, and such lights shall
indicate and apply to drivers of vehicles and pedestrians as
follows:
(1) Green indication:
a. Vehicular traffic facing a circular
green signal
may proceed straight through or turn right
or
left, unless a sign at such place prohibits
either
such turn; but vehicular traffic, including
vehicles turning right or left, shall yield
the
right-of-way to other vehicles and to pedestrians
lawfully within the intersection or an adjacent
crosswalk at the time such signal is exhibited.
b. Vehicular traffic facing a green
arrow signal,
shown alone or in combination with another
indication, may enter the intersection cautiously
only to make the movement indicated by such
arrow,
or such other movement as is permitted by
other
indications shown at the same time. Such vehicular
traffic shall yield the right-of-way to
pedestrians lawfully within an adjacent crosswalk
and to other traffic lawfully using the
intersection.
c. Unless otherwise provided by
a pedestrian control
signal, pedestrians facing any green signal,
except when the sole green signal is a turn
arrow, may proceed across the roadway within any marked
or unmarked crosswalk.
(2) Steady yellow indication:
a. Vehicular traffic facing a steady
yellow light is
thereby warned that the related green signal
movement has been terminated and that a red
signal
(indicative that vehicular traffic shall not
enter
the intersection) will be exhibited immediately
thereafter. Vehicular traffic facing a steady
yellow signal shall stop before entering the
nearest crosswalk at the intersection, or
if none,
at a clearly marked stop line, or if none,
then
before entering the intersection. Any driver
of
any vehicle who enters such crosswalk, or
if none,
such clearly marked stop line, or if none,
such
intersection, while facing a steady yellow
signal
and thereupon turns or proceeds through the
intersection, during which time the signal
changes
to red prior to such vehicle completely clearing
the intersection, shall be guilty of a yellow
light violation. Nothing in this subsection
shall
prohibit a driver from executing a lawful
right
turn on red after a complete stop in accordance
with subsection (3)b of this section.
b. Pedestrians facing a steady
yellow signal, unless
otherwise directed by a pedestrian control
signal
are thereby advised that there is insufficient
time to cross the roadway before a red indication
is shown and no pedestrian shall then start
to
cross the roadway.
(3) Steady red indication:
a. Vehicular traffic facing a steady
red signal alone
shall stop at a clearly marked stop line,
but if
none, before entering the crosswalk on the
near
side of the intersection, or if none, then
before
entering the intersection, and shall remain
standing until an indication to proceed is
shown,
except as provided in subsections (3)b and
(3)c of
this section. Any turn provided for in subsections
(3)b and (3)c of this section shall be governed
by
the applicable provisions of ordinance.
b. Unless a sign is in place prohibiting
a turn,
vehicular traffic facing a steady red signal
may
cautiously enter the intersection to make
a right
turn after stopping as required by subsection
(3)a
of this section. Such vehicular traffic shall
yield the right-of-way to pedestrians lawfully
within an adjacent crosswalk and to other
traffic
lawfully using the intersection.
c. When appropriate signs are posted,
vehicular
traffic upon a roadway restricted to one-way
traffic facing a steady red signal at the
intersection of such roadway with another
roadway
restricted to one-way traffic which is proceeding
to the left of such vehicular traffic, may
cautiously enter the intersection to make
a left
turn after stopping as required by subsection
(3)a of this section. Such vehicular traffic shall
yield the right-of-way to pedestrians lawfully
within an adjacent crosswalk and to other
traffic
lawfully using the intersection.
d. Unless otherwise directed by
a pedestrian control
signal, pedestrians facing a steady red signal
alone shall not enter the roadway.
If an official traffic control signal is erected and maintained
at a place other than an intersection, the provisions of this
section shall be applicable except as to those provisions which
by their nature can have no application. Any stop required shall
be made at a sign or marking on the pavement indicating where the
stop shall be made, but in the absence of any such sign or
marking the stop shall be made at the signal.
(Ord. No. 16521, § 1(43-134), 10-20-92)
State law reference(s)--Similar provisions, K.S.A. 8-1508.
Sec. 142-123. Uniform traffic manual adopted.
(a) The Manual on Uniform Traffic Control Devices for
Streets and Highways, 1978, approved by the federal highway
administrator as the national standard for all highways open to
public travel in accordance with title 23, U.S. Code, sections
109(b), 109(d) and 402(a), and 23 CFR 1204.4, and approved as an
American national standard by the American National Standards
Institute, No. D6.1-1978, is adopted by reference and made a part
of this chapter as if fully set out in this section; provided,
that the document known as Traffic Controls for Street
Construction and Maintenance Operations for the City of Topeka,
Kansas, is adopted by reference and made a part of this chapter
as if fully set out in this section, as a supplement to the
aforementioned Manual on Uniform Traffic Control Devices, section
6; provided, however, that the lawful or designated authority
empowered to make changes in sign sizes or other deviations as
set forth in the manual shall be the city traffic engineer.
(b) Not less than three copies of the Manual on Uniform
Traffic Control Devices, and of the ordinance or ordinances
pertaining thereto, and of the Traffic Controls for Street
Construction and Maintenance Operations for the City of Topeka,
Kansas, shall be filed with the city clerk and shall 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 the enforcement of such
devices shall be supplied, at the cost of the city, such number
of copies of such uniform manual and supplemental document as may
be deemed expedient.
(Code 1981, § 43-135)
State law reference(s)--Adoption by reference, K.S.A. 12-
3009 et seq., 12-3301 et seq.; sign manual, K.S.A. 8-2003.
Secs. 142-124--142-150. Reserved.
ARTICLE
III. STANDARD TRAFFIC ORDINANCE
Sec. 142-151. Incorporation of standard traffic ordinance.
(a) Generally; copies. There is hereby incorporated by
reference for the purpose of regulating traffic within the
corporate limits of the city, that certain standard traffic
ordinance known as the Standard Traffic Ordinance For Kansas
Cities, edition of 1997, prepared and published in book form by
the League of Kansas Municipalities, Topeka, Kansas, save and
except such articles, sections or parts or portions as are
hereafter omitted, deleted, modified or changed. No fewer than
three copies of the standard traffic ordinance shall be marked or
stamped "Official Copy As Adopted By Ordinance No. 17171," 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 article 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 this article shall be supplied, at the cost of the
city, such number of official copies of the standard traffic
ordinance, similarly marked, as may be deemed expedient.
(b) Traffic infractions and traffic offenses.
(1) A traffic infraction is a violation
of any section of
this chapter or of the Standard Traffic Ordinance
that
prohibits or requires the same behavior as
that
prohibited or required by a statutory provision
that is
classified as a traffic infraction in K.S.A.
8-2118, as
amended.
(2) All traffic violations which are
included within this
chapter and which are not traffic infractions
as
defined in subsection (b)(1) of this section,
shall be
considered traffic offenses.
(Ord. No. 16632, § 1(43-63), 9-14-93; Ord. No. 16770, § 1,
10-25-
94; Ord. No. 16865, § 1, 9-26-95; Ord. No. 16989, § 1, 8-15-
96;Ord. No. 17171, § 1, 9-9-97)
State law reference(s)--Adoption by reference, K.S.A. 12-
3009 et seq., 12-3301 et seq.
Sec. 142-152. Amendments.
The current edition of the Standard Traffic Ordinance for
Kansas Cities, as adopted by section 142-151, shall be amended as
follows:
Section
13 of the standard traffic ordinance, relating
to traffic control signal legend, is hereby
declared to be
and is omitted and deleted.
Section
33 of the standard traffic ordinance, relating
to maximum speed limits, is hereby declared
to be and is
omitted and deleted.
Section
37 of the standard traffic ordinance, relating
to racing on highways; exhibition of speed,
is amended to
read as follows:
No person shall
drive any vehicle on any road, street,
alley, public or private parking lot or highway
in the city
in any race, speed competition or contest,
drag race or
acceleration contest, test of physical endurance,
exhibition
of speed or acceleration, or for the purpose
of making a speed record, and no person shall in any manner participate
in any such race, competition, contest, test
or exhibition.
Section
50 of the standard traffic ordinance relating
to right, left and U-turns at intersection:
obedience to, is
hereby declared to be and is omitted and deleted.
Section
67 of the standard traffic ordinance, relating
to pedestrians to use right half of crosswalks,
is hereby
declared to be and is omitted and deleted.
Section
87 of the standard traffic ordinance, relating
to accessible parking, is amended to read
as follows:
(a) No person
shall stop, stand or park any vehicle in a
parking space, whether on public or private
property, which
is clearly marked as being reserved for the
use of persons
with a disability or persons responsible for
the
transportation of persons with a disability,
unless such
vehicle bears a special license plate, permanent
placard or
temporary placard issued pursuant to K.S.A.
8-161 or K.S.A.
8-1,125, and amendments thereto, and is being
operated by or
used for the transportation of a person with
a disability or
disabled veteran. In addition to the temporary
placard, a
person issued such temporary placard shall
carry the state
or county receipt showing the name of the
person who is
issued such temporary placard. If a parking
space on private
property is clearly marked as being reserved
for the use of
a specified person with a disability, it shall
be unlawful
for any other person to park in such space.
(b) When a motor
vehicle which bears a special license plate
or placard issued pursuant to K.S.A. 8-1,125,
and amendments
thereto, is being operated by or used for
the transportation
of a person with a disability, such motor
vehicle:
(1) May be parked
in any parking space, whether on
public or private property, which is clearly
marked as
being reserved for the use of persons with
a disability
or persons responsible for the transportation
of a
person with a disability, except a parking
space on
private property which is clearly marked as
being
reserved for the use of a specified person
with a
disability;
(2) May be parked
for an unlimited period in any
parking zone which is restricted as to the
length of
parking time permitted, except where stopping,
standing
or parking is prohibited to all vehicles,
where parking
is reserved for special types of vehicles
or where
parking would clearly present a traffic hazard;
and
(3) Shall be
exempt from any parking meter fees of the
state or any city, county or other political
subdivision.
(c) Official
identification devices issued to persons with a
disability by any other state, district or
territory subject
to the laws of the United States, or any foreign
jurisdiction, shall be recognized as acceptable
identification in the state. Motor vehicles
bearing a valid
device from such a jurisdiction shall be accorded
the
parking privileges contained in subsection
(b), except that
if such person becomes a resident of the state,
such identification devices shall not be recognized as acceptable
identification 60 days after such person becomes
a resident
of this state.
(d) (1) Notwithstanding the provisions
of K.S.A. 8-2003, and
amendments thereto, each designated accessible
parking
space shall be clearly marked by vertically
mounted
signs bearing the international symbol of
access. Such
signs shall be displayed with the bottom of
the sign
not less than 32 inches above the surface
of the
roadway.
(2) Any owner
of private property available for public
use establishing a new parking space or relocating
an
existing parking space for persons with a
disability,
shall conform to sections 4.6.3 and 4.6.4
of the
federal regulations adopted under the Americans
with
disabilities act, published in 56 Fed. Reg.
35,408
(July 26, 1991) (to be codified at 36 C.F.R.
part 1191,
appx. 4.6.3 and 4.6.4).
(e) (1) Except when necessary to avoid
conflict with other
traffic, or in compliance with the law or
the
directions of a law enforcement officer or
official
traffic control device, no person shall:
(A) Stop, stand
or park a vehicle in any parking
space designated as accessible parking without
having a special license plate, permanent
placard
or disabled veteran license plate and an
individual identification card, or a valid
temporary placard;
(B) Stop, stand
or park a vehicle so that it
blocks an access entrance adjacent to a designated
accessible parking space; or
(C) Stop, stand
or park a vehicle in an access
aisle between or beside a designated accessible
parking space.
(2) Violation
of subsection (e)(1) is punishable by a
fine of not less than $50.00 nor more than
$200.00.
(3) The provisions
of subsection (e)(1) shall be
enforced by law enforcement officers on public
and
private property.
(f) (1) Any person who willfully and
falsely represents that
such person has the qualifications to obtain
a special
license plate, a permanent placard and an
individual
identification card or temporary placard shall
be
guilty of a violation of this code and shall
be
punished by a fine of not more than $500.00
or by
imprisonment for not more than one month,
or by both
such fine and imprisonment.
(2) Any licensee
of the healing arts or Christian
Science practitioner who willfully and falsely
certifies that a person has the qualifications
to
obtain a special license plate, a permanent
placard and
an individual identification card or temporary
placard
shall be guilty of a violation of this code
and shall
be punished by a fine of not more than $500.00
or by imprisonment for not more than one month, or by both
such fine and imprisonment (K.S.A. 8-1,125,
8-1,130, as
amended).
Section
94 of the standard traffic ordinance, relating
to parking adjacent to schools; signs, is
hereby declared to
be and is omitted and deleted.
Section
98 of the standard traffic ordinance, relating
to commercial and delivery vehicles: loading
and unloading;
blocking traffic; removal of vehicle; duty
of police
department, is hereby declared to be and is
omitted and
deleted.
Section
99 of the standard traffic ordinance, relating
to loading, unloading or special zones, is
hereby declared
to be and is omitted and deleted.
Section
104 of the standard traffic ordinance, relating
to inattentive driving, is hereby declared
to be and is
omitted and deleted.
Section
117 of the standard traffic ordinance, relating
to limitations on backing, is hereby declared
to be and is
omitted and deleted.
Section
119 of the standard traffic ordinance, relating
to parades and processions, is hereby declared
to be and is
omitted and deleted.
Section
120 of the standard traffic ordinance, relating
to driving through procession, is hereby declared
to be and
is omitted and deleted.
Section
188 of the standard traffic ordinance, relating
to lighting equipment for motor-driven cycles,
is amended to
read as follows:
The headlamp
or headlamps upon every motor-driven cycle may
be of the single-beam or multiple-beam type,
but in either
event shall comply with the requirements and
limitations as
follows:
(a) Every such
headlamp or headlamps on a motor-driven
cycle shall be of sufficient intensity to
reveal
persons and vehicles at a distance of not
less than 100
feet when the motor-driven cycle is operated
at any
speed less than 25 miles per hour, and at
a distance of
not less than 200 feet when the motor-driven
cycle is
operated at a speed of 25 or more miles per
hour, and
at a distance of not less than 300 feet when
the motor-
driven cycle is operated at a speed of 35
or more miles
per hour.
(b) If the motor-driven
cycle is equipped with a
multiple-beam headlamp or headlamps, such
equipment
shall comply with the requirements of section
187.
(c) If the motor-driven
cycle is equipped with a
single-beam lamp or lamps, such lamp or lamps
shall be
so aimed that when the vehicle is loaded none
of the
high-intensity portion of light, at a distance
of 25
feet ahead, shall project higher than the
level of the
center of the lamp from which it comes.
Section
198 of the standard traffic ordinance, relating
to vehicle license; illegal tag, is hereby
declared to be
and is omitted and deleted.
(Code 1981, § 43-76; Ord. No. 16399, § 2(43-64), (43-76),
(43-
77), 12-16-91; Ord. No. 16608, § 1, 6-15-93; Ord. No. 17006, §
1,
9-24-96)
Secs. 142-153--142-180. Reserved.
ARTICLE IV. GENERAL
RULES OF VEHICLE OPERATION
DIVISION 1. GENERALLY
Sec. 142-181. Motorcycle area.
(a) The area described in this section is designated as
being reserved for exclusive use by motorcycles, motorbikes,
minibikes, motor-driven cycles, motor scooters and such other
motor- or engine-powered two- or three-wheeled vehicles as may
come under this general classification:
Riverside Motorcycle
Park area, extended generally north of
the Oakland wastewater treatment plant and
in an area to be
specifically designated and marked by appropriate
signs,
such signs to be installed by the city.
(b) No other motor vehicles than those described in
subsection (a) shall be driven in the area designated in this
section, except maintenance vehicles.
(Code 1981, § 43-561)
Sec. 142-182. Bicycle trail.
(a) The areas described in this section shall be reserved
for exclusive use by bicycles and/or pedestrians:
(1) The top of the levee system known
as the Oakland Unit
of the Topeka Flood Protection Project, in
such areas
specifically designated and marked by appropriate
signs, such signs to be installed by the city.
(2) The Shunga Bicycle/Pedestrian Trail,
in such areas
specifically designated and marked by appropriate
signs
at the trail entrances; such signs to be installed
by
the city.
(b) No motor vehicles shall be driven in the area designated
by this section except authorized maintenance vehicles of the
city. Bicycles shall be ridden only upon the top of the levee
system and on designated areas of the Shunga Bicycle/Pedestrian
Trail. Bicycles shall not be ridden on the face of the levee.
(Code 1981, § 43-589)
Sec. 142-183. Pedestrians, certain vehicles restricted on
interstate highway system.
It shall be unlawful for pedestrians, persons operating or
using bicycles or other nonmotorized traffic, persons leading,
driving or riding animals or persons operating a motor-driven cycle
of any type with a horsepower of less than five, to use the
controlled access facilities and the interstate highway system
within the corporate limits of the city.
(Code 1981, § 43-165)
State law reference(s)--Authority to regulate or restrict
use of controlled-access highways, K.S.A. 8-1525, 8-2002(a)(13).
Sec. 142-184. Vehicles used for primary purpose of advertising.
No person shall operate or stand any vehicle on any street
in the city for the primary purpose of advertising without first
securing a permit from the council which shall specify the terms
and conditions of such authorization.
(Code 1981, § 43-121)
Sec. 142-185. Vehicles on levee unlawful.
(a) It shall be unlawful for any person to drive any motor-
driven vehicle upon or over any flood-control levee within the
city without specific authorization from the flood control
supervisor.
(b) The flood control supervisor shall cause signs to be
posted on all levees within the city to inform all persons of the
provisions of this section.
(Code 1981, § 43-166)
Sec. 142-186. Limitations on backing.
(a) The driver of a vehicle shall not back the vehicle into
an intersection, over a crosswalk or on a through street.
(b) The driver of a vehicle shall not back the vehicle upon
any shoulder or roadway of any controlled access highway.
(c) No vehicle shall be backed at any place unless such
movement can be made with reasonable safety and without
interfering with any other traffic.
(d) The driver of any vehicle parked at an angle to the curb
shall, subject to the limitations of this section, back such
vehicle into the nearest traveled portion of the roadway so as
not to obstruct oncoming traffic.
(Code 1981, § 43-167)
State law reference(s)--Limitations on backing, K.S.A. 8-
1574.
Sec. 142-187. Speed limits.
(a) Except when a special hazard or road conditions exist
that require lower speed for compliance with Standard Traffic
Ordinance section 32, no person shall drive a vehicle on a
roadway, street, alley or highway at a speed greater than the
posted speed limit for that area or district.
(b) If no speed limit is posted, the following speed limits
shall apply:
(1) Twenty miles per hour in any business district.
(2) Thirty miles per hour in any residential district.
(3) Twenty miles per hour in any park.
(4) Fifteen miles per hour in any alley
in both business
and residential districts.
(c) It is hereby determined and declared that the maximum
safe speed limit upon private property used by the public for
purposes of vehicular travel by permission of the owner is 12
miles per hour; provided, however, that the provisions of this
section are not to be construed to prohibit the owner from
requiring other or different speed limits.
(Code 1981, §§ 43-250, 43-251)
State law reference(s)--Authority to fix speed limits,
K.S.A. 8-2002(a)(5), (a)(10), (a)(15); speed restrictions
generally, K.S.A. 8-1557 et seq.
Sec. 142-188. Inattentive, negligent or unsafe driving.
(a) Inattentive driving. Every driver shall remain alert and
give full attention to the safe operation of his vehicle while it
is in motion, and any driver who does not shall be in violation
of this subsection.
(b) Negligent driving. No driver, while operating or
attempting to operate his vehicle, shall engage in any activity
or do any act which interferes with the safe control of his
vehicle.
(c) Unsafe driving. 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.
(Code 1981, § 43-271)
State law reference(s)--Reckless driving, K.S.A. 8-1566.
Sec. 142-189. Through streets.
(a) Designated. Those streets and parts of streets described
in this section are hereby declared to be through streets, except
at those intersections where the traffic on the through streets
is controlled by traffic signals or stop signs. It shall be the
duty of the traffic engineer to designate on which of two through
streets a stop sign or signs shall be placed and maintained.
(b) Schedule. The following named and described streets and
avenues or portions thereof, in the city, are hereby designated
as through highways or streets for the purposes of this chapter:
First Avenue
from Interstate Highway 70 to Jefferson Street
and from Story Street to MacVicar Avenue.
Second Street from Davies Street to Gray Street.
Fourth Street
from Kansas Avenue to Buchanan Street, from
Adams Street to Branner Street, from Branner
Street to
Golden Street, and from Adams Street to Kansas
Avenue.
Sixth Avenue from east city limits to west city limits.
Eighth Avenue from Monroe Street to Summit Street.
East Eighth Avenue from Monroe Street to Locust Street.
Tenth Avenue from Monroe Street to west city limits.
East Tenth Avenue
from Monroe Street to intersection with
East Sixth Avenue.
East 15th Street from Kansas Avenue to Hudson Boulevard.
17th Street from Kansas Avenue to west city limits.
East 17th Street
from Kansas Avenue to intersection with
East 15th Street.
21st Street from Kansas Avenue to west city limits.
East 21st Street from Kansas Avenue to east city limits.
25th Street from Kansas Avenue to east city limits.
27th Street from Burlingame Road to Kansas Avenue.
29th Street from west city limits to east city limits.
37th Street from west city limits to east city limits.
Adams Street from south city limits to East 15th Street.
Branner Street from East Tenth Avenue to Seward Avenue.
Burlingame Road from West 27th Street to south city limits.
California Avenue
from south city limits to East Sixth
Avenue.
Chester Avenue from Seward Avenue to Sardou Avenue.
Davies Street from Sixth Avenue to Second Avenue.
Eugene Street from Topeka Avenue to Paramore Street.
Fairlawn Road
from south city limits to Interstate Highway
70.
Gage Boulevard
from south city limits to Interstate Highway
70.
Golden Avenue from 21st Street to Second Avenue.
Gordon Street from Vail Avenue to Kansas Avenue.
Gray Street from Second Avenue to Santa Fe tracks.
Hudson Boulevard from East 15th Street to East 21st Street.
Huntoon Street from Jackson Street to west city limits.
Kansas Avenue from north city limits to south city limits.
Lower Silver Lake Road from west city limits to Taylor Street.
MacVicar Avenue
from West 21st Street to West Sixth Avenue
and from Sixth Avenue to First Avenue.
Maryland Avenue from 21st Street to 29th Street.
Morse Street from Topeka Avenue to Monroe Street.
Oakley Avenue from Tenth Street to 21st Street.
Paramore Street from Tyler Street to Topeka Avenue.
Polk Street from Third Street to First Avenue.
Quincy Street
from Laurent Street to Morse Street and from
11th Street to First Avenue.
Sardou Avenue from Monroe Street to Strait Avenue.
Seward Avenue from Branner Street to east city limits.
Story Street from Interstate Highway 70 to First Avenue.
Summit Avenue from Sixth Avenue to Tenth Avenue.
Sumner Avenue from Santa Fe tracks to Seward Avenue.
Taylor Street from Waddell Street to Lower Silver Lake Road.
Topeka Avenue from north city limits to south city limits.
Tyler Street
from north city limits to Paramore Street and
from Third Street to Interstate 70.
Vail Avenue from Lower Silver Lake Road to Gordon Street.
Waddell Street from Taylor Street to Tyler Street.
Washburn Avenue
from Willow Avenue to 21st Street and from
West 21st Street to West 27th Street.
Witlow Avenue from Buchanan Street to Lindenwood Avenue.
And all other streets designated as one-way streets.
(Code 1981, §§ 43-221, 43-222)
State law reference(s)--Authority to designate through
streets, K.S.A. 8-2002(a)(6); stop and yield signs, K.S.A. 8-
1528.
Sec. 142-190. Funeral processions.
(a) Duties of drivers in a funeral procession.
(1) Every driver in a funeral procession
shall drive as
near to the right edge of the roadway as practicable
and shall follow the vehicles ahead as close
as is
practicable and safe.
(2) The driver of every vehicle in a
funeral procession
shall illuminate the headlights of such vehicle
to
identify it as part of the procession.
(b) Duties of drivers of other vehicles.
(1) On the immediate approach of a funeral
procession or a
properly lighted escort vehicle in a funeral
procession, the driver of every other vehicle
proceeding in the same direction as the procession
shall immediately drive to a position parallel
to and
as close as possible to the righthand edge
or curb of
the street, clear of any intersection, and
shall stop
and remain in such position until the procession
and
the escort vehicle has passed.
(2) No driver of a vehicle shall drive
between the vehicles
comprising a funeral procession while they
are in
motion and when such vehicles in the procession
are
identified with illuminated headlights.
(c) Yield right-of-way to funeral procession. When following
a properly lighted escort vehicle in a funeral procession,
vehicles with illuminated headlights shall have the right-of-way
at any intersection. No driver in a funeral procession shall
enter a controlled intersection until directed to do so by the
driver of the escort vehicle in the procession. The drivers of
vehicles in the funeral procession may proceed into or through
any uncontrolled intersection after exercising due care and
caution as may be necessary for the safe operation of their
vehicles.
(d) Speed limit.
(1) A driver of a properly licensed and
equipped escort
vehicle in a funeral procession may exceed
the speed
limits of the city so long as he does not
endanger life
or property.
(2) No driver of any vehicle in a funeral
procession other
than an escort vehicle as described in subsection
(d)(1) shall exceed the posted speed limits
of the city
at any time.
(e) Unescorted processions. A driver of a vehicle in a
funeral procession unescorted by a funeral escort properly
licensed under this Code shall observe all traffic laws and
regulations of the city at all times including stopping at a red
or stop signal or stop sign.
(Code 1981, § 43-168)
Cross reference(s)--Funeral escort services, § 154-191 et
seq.
State law reference(s)--Authority to regulate processions,
K.S.A. 8-2002(a)(3).
Sec. 142-191. Loud sound amplification systems in vehicles.
(a) Prohibition. No person operating or occupying a motor
vehicle on a street, highway, alley, parking lot or driveway
shall operate or permit the operation of any sound amplification
system from within the vehicle so that the sound is audible at a
distance of 100 or more feet from the vehicle.
(b) Definitions. For the purpose of this section:
Audible means any sound produced by a sound amplification
system from within a vehicle which can be heard at a distance of
100 feet or more. Measurement standards shall be by the auditory
senses, based upon direct line of sight. Words or phrases need
not be discernible and bass reverberations are included. The
motor vehicle may be stopped, standing, parked or moving on a
street, highway, alley, parking lot or driveway.
Sound amplification system means any radio, tape player,
compact disc player, loudspeaker, or other electronic device used
for the amplification of sound.
(c) Defense to prosecution. It is an affirmative defense to
a charge under this section that the operator of the vehicle was
not otherwise prohibited by law from operating the sound
amplification system, and that any of the following apply:
(1) The system was being operated to
request medical or
vehicular assistance or to warn of a hazardous
road
condition;
(2) The vehicle was an emergency or public safety vehicle;
(3) The vehicle was owned and operated
by the city or a
gas, electric, communications or refuse company;
(4) The system was used for the purpose
of giving
instructions, directions, talks, addresses,
lectures or
transmitting music to any persons or assemblage
of
persons in compliance with ordinances of the
city; or
(5) The vehicle was used in authorized
public activities,
such as parades, fireworks, sporting events,
musical
productions and other activities which have
the
approval of the department of the city authorized
to
grant such approval.
(d) Penalty. Any person who violates any of the provisions
of this section is guilty of an ordinance violation and, upon
conviction, shall be punished by a fine not to exceed $500.00 or
by imprisonment of not more than six months, or by both such fine
and imprisonment. Each day any violation of this section is found
to exist or continues to exist shall be a separate offense and
punishable as such under this section.
(Ord. No. 16497, §§ 1, 2, 8-28-92)
Secs. 142-192--142-210. Reserved.
DIVISION 2. SCHOOL SPEED ZONES*
----------
*State law reference(s)--Authority for school speed zones,
K.S.A. 8-1560(a)(4), 8-2002(a)(11).
----------
Sec. 142-211. Declaration of purpose.
It is hereby determined and declared upon the basis of an
engineering and traffic investigation and recommendations of the
traffic engineering division that speed zones be established
within the city for the purpose of safety of children attending
school.
(Code 1981, § 43-323)
Sec. 142-212. Definitions.
The following words, terms and phrases, when used in this
division, shall have the meanings ascribed to them in this
section, except where the context clearly indicates a different
meaning:
Adjacent school speed zone means:
(1) That portion of any street which
is located within 150
feet of the property boundary of any public
or private
school building housing kindergarten through
sixth
grade students or schoolyard or other public
or private
school building deemed necessary by a traffic
study
performed by the traffic engineer, where the
speed
limit on such street is normally 30 miles
per hour; and
(2) That portion of any street which
is located within 250
feet of the property boundary of any public
or private
school building housing kindergarten through
sixth
grade students or schoolyard or other public
or private
school building deemed necessary by a traffic
study
performed by the traffic engineer, where the
speed
limit on such street is normally more than
30 miles per
hour.
Crosswalk school speed zone means:
(1) That portion of any street which
is located within 150
feet in either direction of a marked crosswalk,
where
the speed limit on such street is normally
30 miles per
hour; and
(2) That portion of any street which
is located within 250
feet in either direction of a marked crosswalk,
where
the speed limit on such street is normally
more than 30
miles per hour.
(Code 1981, § 43-324; Ord. No. 17190, § 1, 10-21-97)
Sec. 142-213. Posting of signs; deviations authorized.
(a) The traffic engineering division shall erect appropriate
signs at all adjacent school zones and crosswalk school zones
where it has determined a reduced speed limit is necessary during
certain hours of school days for the safety of children. Such
signs shall be in conformity with the standard size, color and
height of other speed limit signs within the city. In addition to
stating the maximum school zone speed limit, such signs shall
also conspicuously display the times of day during which the
school zone speed limit is in effect on school days. The signs
shall be positioned in such a manner and at such locations so as
to be visible to approaching traffic, not interfere with ingress
to or egress from driveways, and not extend into a roadway. In so
doing, the exact distances contained in section 142-212 need not
be strictly observed, but deviations from such distances shall
not reduce the actual dimensions of any school zone.
(b) In each case where a deviation is necessary from the
exact distances set out in section 142-212, its location and a
statement of the reason for such deviation shall be indexed and
filed as a public record within the traffic engineering office.
(c) In addition to school zone speed limit signs, the
traffic engineering division may, in its discretion, also paint
or attach upon the street pavement within any school zone or upon
the approach to any school zone the words "School Speed Zone" or
similar markings designed to alert oncoming motorists of the
existence of the school zone. Such words or markings shall not
expand nor reduce the actual dimensions of any school zone. The
absence or obscured visibility of such words or markings shall
not constitute a defense to a traffic charge of exceeding the
posted school zone speed limit.
(d) In addition to school zone speed limit signs, the
traffic engineering division may, in its discretion, also erect
flashing yellow lights above or beside school zone speed limit
signs to alert oncoming motorists of the existence of the school
zone. Such flashing yellow lights shall not be used to establish
or indicate the effective times of any school zone, and shall not
be used as a substitute for the posted times of day required in
subsection (a) of this section. The absence of a flashing yellow
light or the malfunctioning of an existing flashing yellow light
shall not constitute a defense to a traffic charge of exceeding
the posted school zone speed limit.
(Code 1981, § 43-325)
Sec. 142-214. Maximum school zone speed limit.
(a) On days in which any public or private schools where
grades kindergarten through sixth or other schools deemed
necessary by the traffic engineer attend are in session within
the city, 20 miles per hour shall be the maximum speed limit in
each posted school zone during the times of day enumerated on the
signs in the school zone, and it shall be unlawful for any person
to drive a motor vehicle in excess of the posted 20 miles per
hour limit on school days during such times of day.
(b) The effective times of day for each school zone shall be
conspicuously posted on the school zone speed limit signs in
accordance with section 142-213. Such times shall be established
as closely as practicable with the following schedule:
(1) On school day mornings, a school
zone speed limit shall
go into effect 30 minutes prior to the time
at which
the closest school, where grades kindergarten
through
sixth or other schools deemed necessary by
the traffic
engineer attend, commences classes for the
day, and
shall remain continuously in effect for a
period of at
least one hour.
(2) During school days, a school zone
speed limit shall
again go into effect 15 minutes prior to the
time the
closest school, where grades kindergarten
through sixth
or other schools deemed necessary by the traffic
engineer attend, dismisses its morning kindergarten
classes, or adjourns classes for lunch, whichever
time
is earlier, and shall remain continuously
in effect
until 15 minutes after such school reconvenes
classes
following lunch or commences its afternoon
kindergarten
through sixth grade classes or other classes
deemed
necessary by the traffic engineer, whichever
time is
later.
(3) At the close of school days, a school
zone speed limit
shall again go into effect 15 minutes prior
to the time the closest school, where grades kindergarten through
sixth or other grades as deemed necessary
by the
traffic engineer attend, dismisses its afternoon
classes or dismisses all classes for the day,
whichever
time is earlier, and shall remain continuously
in
effect for at least one hour.
Every school zone speed limit shall remain continuously in effect
for at least one hour at a time. The time of commencement or
termination of a school zone speed limit may be rounded off to
the nearest quarter-hour interval, provided such rounding off
does not reduce the duration of such school zone to a period of
less than one continuous hour.
It is permissible for the effective times of day and durations of
school zones servicing any public or private school, where grades
kindergarten through sixth or other grades as deemed necessary by
the traffic engineer attend, to vary from the effective times and
durations of any or all other school zones within the city. The
fact that the effective times and durations of a school zone vary
from others within the city shall not constitute a defense to a
traffic charge of exceeding that posted school zone speed limit.
(c) The school speed limit zones set out in this section
shall not apply to those designated crosswalks across state
highways or on streets where pedestrian-actuated traffic signals
are installed to aid the pedestrian in crossing not adjacent to
the school where grades kindergarten through sixth attend.
(d) For purposes of this division, the term "school day"
means each day or part thereof during which any school, where
grades kindergarten through sixth or other grades as deemed
necessary by the traffic engineer attend, within the city is open
and conducting classes. If any school, where grades kindergarten
through sixth attend, within the city is open for part or all of
a day, all school zones throughout the city shall be in effect
during that day.
(Code 1981, § 43-327; Ord. No. 17190, § 2, 10-21-97)
Sec. 142-215. Penalties for violation.
(a) Every person, upon a conviction of exceeding a posted
school zone speed limit in violation of section 142-214, shall be
fined $2.00 for each mile per hour the court finds such person
exceeded the 20 miles per hour school zone speed limit.
(b) The municipal court is hereby authorized to establish
mandatory court appearances for any person charged with violating
a school zone speed limit in an amount the court finds to be
excessive. In addition to the fine listed in subsection (a), the
municipal court, upon a conviction of violation of section 142-
214, may impose a jail sentence not to exceed 90 days.
(c) Court costs may be added to the fines and jail terms
established in this section, in accordance with established court
schedules.
(Code 1981, § 43-328)
Secs. 142-216--142-235. Reserved.
DIVISION
3. TURNING MOVEMENTS AND SIGNALS*
----------
*State law reference(s)--Turning movements, K.S.A. 8-1545 et
seq.; authority to regulate turning, K.S.A. 8-2002(a)(9).
----------
Sec. 142-236. Authority to place and obedience to turning
markers.
(a) The traffic engineer is authorized to place markers,
buttons or signs within or adjacent to intersections indicating
the course to be traveled by vehicles turning at such
intersections, and such course to be traveled as so indicated may
conform to or be other than as prescribed by law or ordinance.
(b) When authorized markers, buttons or other indications
are placed within or adjacent to an intersection indicating the
course to be traveled by vehicles turning thereat, no driver of a
vehicle shall disobey the directions of such indications, except
when otherwise directed by a law enforcement officer.
(Code 1981, § 43-197)
State law reference(s)--Similar provisions, K.S.A. 8-
1545(c).
Sec. 142-237. Authority to place and obedience to restricted turn
signs.
(a) The traffic engineer is hereby authorized to determine
those intersections at which drivers of vehicles shall not make a
right, left or U-turn, and shall place proper signs at such
intersections. The making of such turns may be prohibited between
certain hours of any day and permitted at other hours, in which
event the same shall be plainly indicated on the signs or they
may be removed when such turns are permitted.
(b) Whenever authorized signs are erected indicating that no
right, left or U-turn is permitted, no driver of a vehicle shall
disobey the directions of any such sign.
(Code 1981, § 43-198)
Sec. 142-238. U-turns.
Where posted, it shall be unlawful for the driver of any
vehicle to turn such vehicle across the centerline of any two-way
through street within the core area of the city for the purpose
of parking or to reach the opposite side of the street.
(Code 1981, § 43-205)
State law reference(s)--Limitations on U-turns, K.S.A. 8-
1546.
Sec. 142-239. Left turns by franchised buses.
A left turn from a curb or righthand lane may be made by a
licensed and franchised bus when such turn is made in connection
with a regularly scheduled bus route which has been filed with
the city, and such turn will not be considered a violation of
this article. Such turns must be made with all due regard for the
safety of other vehicles and drivers, and the bus shall yield the
right-of-way to all other vehicles.
(Code 1981, § 43-202)
Sec. 142-240. Turning left into alley or driveway prohibited;
exceptions.
Where posted, it shall be unlawful for the driver of any
vehicle on a two-way, through highway or through street within
the core area, to turn left into an alley or private driveway;
provided, such turn shall be lawful where a barrier median left-
turn bay has been provided therefor. Nothing in this section
shall be construed to prohibit the driver of any vehicle from
turning left into an alley or private driveway from any other
highway or street in the city after yielding the right-of-way to
approaching vehicles and giving the signals required by law for
turning left at intersections of streets having two-way roadways,
unless prohibited by appropriate signs.
(Code 1981, § 43-203)
Secs. 142-241--142-265. Reserved.
ARTICLE
V. ABANDONED AND JUNKED VEHICLES*
----------
*Cross reference(s)--Supplemental junk and abandoned vehicle
provisions, § 66-56 et seq.
State law reference(s)--Abandoned and disabled vehicles,
K.S.A. 8-1101 et seq.
----------
Sec. 142-266. Prohibitions.
(a) No person shall abandon any vehicle on any street or
highway or on any other public property within the city and no
person shall leave any vehicle at or on any such place within the
city for such times and under such circumstances as to cause such
vehicles reasonably to appear to have been abandoned.
(b) No person shall abandon in any manner any vehicle, as
defined in subsection (d) of this section, on any private
property within the city which the person is not lawfully
entitled to so use; and no person shall leave any vehicle at or
on any such place within the city for such times and under such
circumstances as to cause such vehicles reasonably to appear to
have been abandoned.
(c) No person shall leave any partially dismantled,
nonoperating, wrecked or junked vehicle on any street or highway
or other public property within the city.
(d) An "abandoned vehicle" is a vehicle which:
(1) Remains on the streets or other public
property for
more than 48 hours;
(2) Has been impounded by the police
department under
authority of any vehicle traffic ordinance
and which
remains unclaimed after 48 hours;
(3) Remains on private property for more
than 48 hours
following notification to remove the vehicle
to the
owner or person in charge of such vehicle
by the owner or person in possession of the private property;
(4) Remains on private property for more
than 48 hours
following the posting of a notice in a conspicuous
place therein or thereon ordering immediate
removal of
the vehicle by the owner or person entitled
to
possession of the private property, regardless
of
whether the vehicle was lawfully placed on
the private
property initially;
(5) Is parked or placed in the driveway
or other regular
place of ingress or egress of a particular
private
property, regardless of the length of time
the vehicle
is so situated; or
(6) Is placed or parked on any private
lot or parcel of
ground which is posted or designated as a
lot or parcel
of ground for public automobile parking for
hire, or as
reserved space for the parking of automobiles
of
persons who have special permission for such
use, and
the vehicle is so parked or placed without
payment of
the required fee therefor or otherwise placed
or parked
in violation of or contrary to the posting
or
designation described in this section, regardless
of
the length of time the vehicle is so situated.
(Code 1981, § 43-402)
Sec. 142-267. Authority to impound.
(a) Members of the police department are hereby authorized
to remove a vehicle violating the provisions of this article to
the nearest private garage or lot or to a garage or lot or other
place designated or maintained by the police department or
otherwise maintained by this city, and to hold the vehicle until
all the procedural requirements for claiming the vehicle
established by section 142-269 are satisfied.
(b) The police department, upon determining that a vehicle
will be impounded, except when impounded for violations of
section 142-351, shall affix a notice in a conspicuous and
semipermanent manner to the vehicle, informing the owner or
operator that the vehicle will be impounded upon the expiration
of 48 hours from the time specified in the notice. No vehicle to
which this notice provision applies shall be impounded within a
48-hour period from the affixing of the notice. This requirement
shall apply to vehicles registered in the state, vehicles
registered in another state, and vehicles which bear no
registration plate.
(Code 1981, § 43-403)
Sec. 142-268. Complaint; hold harmless agreement for towing off
of private property.
(a) No vehicle shall be towed away or otherwise taken into
possession or custody by members of the police department unless
and until the owner or person in possession of the private
property on which the vehicle is abandoned shall sign a complaint
and a hold harmless agreement. The signing of the complaint shall
be deemed conclusive of the complainant's consent and promise to
pay the costs of towing or removing the vehicle and the
reasonable storage charges therefor if the complaint is withdrawn
by the complainant or is found to have been made by mistake or error
or if the vehicle is not claimed and the city is not
otherwise reimbursed for such towing or removing or storage
charges, in which latter event, the complainant shall be deemed
liable to the city, as concerns towing, removing and storage
costs, only to the extent the city is not so reimbursed.
(b) The purpose of the hold harmless agreement required by
this section shall be to make the complainant:
(1) Primarily liable, instead of the
city, and to exonerate
the city and hold it blameless and without
liability to
any person on account of any injuries or damages
or
other cause of action that might accrue to
the owner of
the vehicle or to any other person arising
out of the
towing, removing, storing or the taking and
during the
period of possession or custody of the vehicle
by the
city or its employees or agents; and
(2) Liable to indemnify and reimburse
the city for any and
all expenses and costs, including reasonable
attorneys'
fees and all costs in defending lawsuits incurred
by
the city because of any alleged or actual
liability to
any person imposed on the city and arising
out of any
of such acts of towing, removing, storing
or the taking
and during the period of possession or custody
of such
a vehicle.
(c) The hold harmless agreement required by this section
shall in essence contain the following information in such form
as shall be approved by the city attorney:
(1) Description of the vehicle;
(2) Date of abandonment;
(3) Address of the place of abandonment;
(4) Name of the owner or person in lawful
possession of the
property upon which the vehicle is abandoned;
(5) Name of the principal for whom an
agent is acting, if
applicable;
(6) An acknowledgment that the complaining
party assumes
all liabilities which may accrue by the removal
of the
property;
(7) An acknowledgment by the complaining
party that he or
the principal for whom he acts assumes primary
liability for any actions arising from the
removal of
the property; and
(8) An acknowledgment that the complaining
party or the
principal for whom he acts expressly promises
and
agrees to indemnify and reimburse the city
for all
expenses, costs, reasonable attorney fees
and costs in
defending lawsuits incurred by the city because
of any
such alleged or actual liability arising from
the
removal.
(Code 1981, § 43-404)
Sec. 142-269. Notification of impoundment and procedure for
claiming impounded vehicles.
(a) The city adopts the provisions of K.S.A. 8-1101 and 8-
1102 and amendments thereto, with regard to impounding, storage,
notification to owners and lienholders of record concerning the
seizure, and disposition of abandoned vehicles. Such notice is to
be mailed before the close of the first full working day after
the towing.
(b) Once a vehicle has been impounded, the owner/lienholder
may:
(1) Immediately pay the accrued towing
fee and storage
charges, and thereby regain possession;
(2) Sign a signature bond in the amount
of the accrued
towing fee and storage charges, and thereby
regain
possession; or
(3) Refuse the options in subsections
(b)(1) and (b)(2),
and demand a hearing on the validity of the
towing, to
be held before the municipal court judge before
the
second full working day following such demand.
Before
the owner/lienholder can regain possession,
however,
the municipal court judge must determine whether
or not
there was probable cause for the towing. If
there was
probable cause, the judge will thereby order
the
owner/lienholder to comply with subsection
(b)(1) or
(b)(2) before possession may be regained.
If no
probable cause for the towing can be shown,
the vehicle
shall be returned to the owner/lienholder.
No vehicle shall be returned until the owner/lienholder provides
sufficient documentation to establish right to possession. After
the vehicle is returned to the owner/lienholder pursuant to this
subsection, trial on the traffic violation which led to the
actual towing shall then be scheduled in accordance with the
normal municipal court schedule. Nothing in this section shall
prohibit the owner/lienholder from entering a plea of guilty,
paying all fines and charges incurred and thus avoiding going to
trial.
(c) Whenever a traffic violation is dismissed, or an
owner/lienholder is acquitted, or it is otherwise determined that
the towing of a vehicle was improper, and the owner/lienholder
has already paid the towing fee and storage charges pursuant to
subsection (b) of this section, such fees and charges shall be
automatically refunded by the city. Refunds may be ordered by the
municipal court, and the owner/lienholder shall not be required
to resort to the procedure of submitting a claim for the city
council's consideration.
(d) The right of the owner/lienholder, in addition to being
set forth in the certified letter as provided for in subsection
(a) of this section, shall be made known by the posting of
prominent signs in English and Spanish at the police department
impoundment lot and also at the police headquarters where the
owner/lienholder may inquire as to the status of such vehicle.
(Ord. No. 16436, § 1(43-405), 3-17-92)
Sec. 142-270. Towing and storage fees.
Fees for towing and storage shall be established by the
chief of police and approved by the mayor and chief
administrative officer of the city. A schedule of all fees shall be
filed with the city clerk and posted prominently at police
headquarters and the impoundment lot.
(Ord. No. 16436, § 2(43-405.1), 3-17-92)
Sec. 142-271. Disposing of vehicles as junk.
(a) When. Any vehicle subject to the provisions of this
article which has been impounded by the police department and
which has been determined by the chief of police to be either not
in a running condition or of a fair market value of less than
$50.00 may be considered as junk, rather than a vehicle, and
disposed of as provided by this section.
(b) Notice of sale. If the owner of an impounded vehicle
described in subsection (a) of this section is known, the owner
shall be given notice by certified mail that the vehicle will be
sold for junk in ten days if the owner does not claim the
vehicle. If the owner is not known, the vehicle can be sold for
junk after one publication in the official city newspaper,
stating that the vehicle will be disposed of for junk not less
than ten days following the publication and specifically
describing the vehicle to be junked. Junked vehicles sold under
this section may be sold individually or in lots and shall be
sold only to a licensed junk dealer making the highest cash bid
thereon and paying cash therefor.
(Code 1981, § 43-407)
Sec. 142-272. Proceeds of sales.
All proceeds from the sale of vehicles under this article
shall go first towards satisfying the towing, storing,
publication and other expenses of the city, with the surplus, if
any, going to the special street repair fund of the city.
(Code 1981, § 43-408)
Secs. 142-273--142-300. Reserved.
ARTICLE VI. STOPPING,
STANDING AND PARKING*
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*Cross reference(s)--Parking for purpose of selling
merchandise, § 130-38.
State law reference(s)--Authority to regulate or prohibit
stopping, standing or parking, K.S.A. 8-2002(a)(1); stopping,
standing and parking, K.S.A. 8-1569 et seq.
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DIVISION 1. GENERALLY
Sec. 142-301. Fine schedule.
(a) The following fine schedule is hereby adopted for
parking meter, overtime parking and block parking zone
violations:
(1) First violation:
a. Three dollars per violation, if paid within ten work days.
b. Fifteen dollars for the same
violation after ten
work days have elapsed.
(2) Second violation at the same parking
meter or block
parking zone on the same date:
a. Ten dollars per violation, if
paid within ten work
days.
b. Fifteen dollars for the same
violation after ten
work days have elapsed.
(3) Third and all successive violations
at the same parking
meter or block parking zone on the same date:
a. Fifteen dollars if paid within ten work days.
b. Twenty dollars after ten work days have elapsed.
(4) If the aforesaid parking meter tickets
are not paid
within 20 days from the date of issue, a formal
complaint will be filed and a warrant of arrest
issued.
(b) All of the moneys collected for overtime parking and
block meter zone violations shall be distributed to the public
parking fund. Any moneys collected by the municipal court shall
be distributed 50 percent to the public parking fund and 50
percent to the general operating fund.
(Ord. No. 16479, § 7(43-448), 8-4-92; Ord. No. 16617, § 1,
8-10-
93)
Sec. 142-302. Operating, parking or occupying vehicle in parking
lot during hours lot is closed.
(a) Except when done at the direction of a law enforcement
officer or an official traffic control device, no person shall
operate, attempt to operate, stop, stand, park, occupy or ride
upon or within any vehicle within the boundaries of any public or
private parking lot during the hours that such parking lot is
closed to the public.
(b) For purposes of this section, a parking lot is closed to
the public during specified hours if notice of same is
prominently posted at every entrance to the parking lot in a
manner likely to come to the attention of motorists entering or
attempting to enter the parking lot. Permanently lettered,
clearly legible signs bearing the following legend shall be
deemed to be sufficient notice:
THIS LOT IS CLOSED
TO THE PUBLIC BETWEEN THE HOURS OF
________ AND ________. ORDINANCES OF THE CITY
OF TOPEKA
ENFORCED ON THIS PROPERTY.
(c) It shall be a defense to a violation of this section if
the person charged had actual authority to be upon the parking
lot during the posted hours.
(Code 1981, § 43-360)
Sec. 142-303. Parking vehicle having offensive odor.
It shall be unlawful for any person to park any vehicle
carrying the body of any dead animal, manure, garbage, live
animals or any refuse having an offensive odor or any empty
vehicle which has an offensive odor within the city limits of the
city, except for the purpose of loading or unloading such vehicle
or making emergency repairs upon such vehicle; provided, that
nothing in this section shall be construed to allow overnight
parking for any reason.
(Code 1981, § 43-390)
Cross reference(s)--Exceptions to restrictions on keeping
livestock, § 18-264; parking of vehicle containing animal
carcasses, § 78-363; solid waste, ch. 122.
Secs. 142-304--142-325. Reserved.
DIVISION 2. RESERVED*
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*Editor's note--Ordinance No. 17226, § 156, repealed §§
142-
326--142-328. Formerly, such sections pertained to central
business district parking advisory board and derived from §§
43-
516--43-518 of the 1981 Code.
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Secs. 142-326--142-350. Reserved.
DIVISION 3. LIMITED OR PROHIBITED
TIMES OR PLACES
Sec. 142-351. Stopping, standing or parking prohibited in street
parkings.
No person shall stop, stand or park a vehicle except when
necessary to avoid conflict with other traffic or in compliance
with the directions of a police officer or traffic control device
in any of the following places:
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