CHAPTER XIV. TRAFFICCHAPTER XIV. TRAFFIC\ARTICLE 6. OPERATION OF WORK-SITE UTILITY VEHICLES

Work-Site Utility Vehicle or “UTV” shall have the same meaning as set forth for a Work-Site Utility Vehicle in the then effective edition of the Standard Traffic Ordinance, as the same shall from time to time be incorporated into the Code by reference.

All-Terrain Vehicle shall have the same meaning as set forth for an All-Terrain Vehicle in the then effective edition of the Standard Traffic Ordinance, as the same shall from time to time be incorporated into the Code by reference.

(Ord. 1790-21)

(a)   UTVs may be operated upon the public highways, streets, roads and alleys within the corporate limits of the City; except:

(1)   No UTV may be operated upon any public highway, street, road or alley with a posted speed limit in excess of forty-five (45) miles per hour.

(2)   No UTV shall be operated on any public highway, street, road or alley between sunset and sunrise, unless equipped with lights (including brake lights) as required for motorcycles and a properly mounted slow-moving vehicle emblem as described by K.S.A. 8-1717, and amendments thereto.

(3)   No UTV shall be operated on any interstate highway, Federal highway or State highway; provided, however, that the provisions of this Section shall not prohibit a UTV from crossing a Federal or State highway.

(4)   No UTV shall be operated on any sidewalk, pedestrian walkway or bike path; provided, however, that the provisions of this Section shall not prohibit a UTV from crossing a sidewalk, pedestrian walkway or bike path.

(5)   No UTV shall be operated, nor shall the owner thereof knowingly permit the operation of a UTV, upon a public highway, street, road or alley within the corporate limits of the City, unless registered with the City and having attached thereto and displayed thereon the license assigned thereto by the City for the current registration year.

(6)   Every person operating a UTV on the public highways, streets, roads and alleys of the City shall be subject to all of the duties applicable to a driver of a vehicle imposed by law.

(b)   An operation of an All-Terrain Vehicle upon the public highways, streets, roads and alleys within the corporate limits of the City is prohibited.

(Ord. 1790-21)

No person shall operate a UTV on any public highway, street, road or alley within the corporate limits of the City unless such person has a valid driver’s license.

(Ord. 1790-21)

No UTV may exceed the number of occupants for which the UTV is designed and in no event exceed four (4) occupants at any time. No child under the age of four (4) years of age may be a passenger in or on a UTV being operated under the provisions of this Article. Additionally, no child between the ages of four (4) and eight (8) years and who weighs less than eighty (80) pounds or is less than four (4) feet nine (9) inches in height or who would otherwise be required to use a child passenger safety restraining system pursuant to K.S.A. 8-1344, or similar substitute law, may be a passenger in a UTV being operated under the provisions of this Article.

(Ord. 1790-21)

The operator and each passenger of any UTV operated on any public highway, street road or alley within the corporate limits of the City shall at all times be secured by a duly fastened lap belt and shoulder restraint designed to prevent falling or ejectment from such vehicle under normal operating conditions. Violation of this Section shall constitute a traffic infraction of the operator of any such UTV.

(Ord. 1790-21)

Every owner of a UTV shall provide liability coverage in accordance with the requirements of the Standard Traffic Ordinance and amendments thereto, all as incorporated by reference at Section 14-101 of the Code and pursuant to the Kansas Automobile Injury Reparations Act, K.S.A. 40-3101 et seq., and amendments thereto. The penalty provisions of the Standard Traffic Ordinance for failure to maintain and produce evidence of such insurance on a vehicle shall be applicable to all violations of this Section.

(Ord. 1790-21)

(a)   Before operating any UTV upon a public highway, street, road or alley within the corporate limits of the City and for each registration year thereafter, the UTV shall be registered with the City and a license shall be obtained and placed on the UTV. The license fee shall be as set forth by resolution of the Governing Body for each registration year (which registration year shall commence each July first (1st) and end on June thirtieth (30th)). The license fee shall be payable in advance to the City Clerk or other person as may from time to time be designated. The full amount of the license fee shall be required regardless of the time of year that the application is made and no pro-rations shall apply. An application for a new license for the next registration year may be made any time after June first (1st) of the previous registration year.

(b)   Application for registration of a UTV shall be made by the owner or owner’s agent in the office of the City Clerk or other person designated by the City. The application shall be made upon forms provided by the City and each application shall contain the name of the owner, the owner’s residence address or bona fide place of business, a brief description of the vehicle to be registered (including make, model and serial number, if available). Proof of insurance, as required in Section 14-606, shall be furnished at the time of application for registration. Each applicant for a UTV license shall present such UTV for registration. If, upon presentation and completion of the registration application, such vehicle has provision for seat belts as required by Section 14-605 and after establishing proof of insurance and payment of the registration fees herein provided, a license shall be issued to the owner who shall attach it to the rear driver’s side of the UTV. The license shall be displayed and kept clean, so as to be plainly visible and legible from the rear of the vehicle.

(c)   A license issued hereunder is not transferable. In the event of sale or other transfer of ownership of any vehicle license under the provisions of this Article, the existing license and the right to use the numbered license shall expire and the license shall be removed by the owner.

(d)   In the event a license is lost, stolen or destroyed, the City Clerk or other person designated by the City, upon proper showing by the licensee of payment of fees, shall issue a new license in accordance with the provisions of this Subsection.

(e)   It shall be unlawful for any person:

(1)   To display, cause or permit to be displayed or to have in their possession, any UTV registration receipt, license or decal knowing the same to be fictitious or to have been canceled, revoked, suspended or altered;

(2)   To carry or display any UTV registration receipt, license or decal upon any UTV when the same was not lawfully issued for such vehicle;

(3)   To lend or knowingly permit the use by one not entitled thereto of, any UTV registration receipt, license or decal issued to the person so lending or permitting the use thereof;

(4)   To remove, conceal, alter, mark or deface a license number or decal or any other mark of license identification; or

(5)   Willfully or maliciously remove, destroy, mutilate or alter such license of another person during the time in which the same is in effect.

(Ord. 1790-21)

A violation of this Article shall be deemed a Standard Traffic Ordinance traffic infraction. Upon an entry of a plea of guilty or no contest or upon being convicted of such violation, the penalty imposed shall be in accordance with the then current Standard Traffic Ordinance or such other similar provision as the City may then have in effect.

(Ord. 1790-21)

Sections 14-605, 14-606, and 14-607 shall not be applicable to Law Enforcement Officers, Public Safety Officials, or other officials and vehicles of the City while engaged or otherwise performing duly authorized duties in their official capacity.

(Ord. 1790-21)

This Section shall be supplemental to the then effective edition of the Standard Traffic Ordinance, as the same shall from time to time be incorporated into the Code by reference.

(Ord. 1790-21)