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

There is hereby incorporated by reference for the purpose of regulating traffic within the corporate limits of the City of Kechi, Kansas, that certain code known as the “Standard Traffic Ordinance for Kansas Cities,” Edition of 2017, prepared and published in book form by the League of Kansas Municipalities, Topeka, Kansas. One official copy of said Standard Traffic Ordinance shall be marked or stamped “Official Copy as Incorporated by the Code of the City of Kechi, Kansas,” and to which shall be attached a copy of this section and filed with the city clerk to be open to inspection and available to the public at all reasonable hours.

(Code 1992; Ord. 1592-07; Ord. 1613-08; Code 2009; Ord. 1631-09; Ord. 1635-10; Ord. 1643-11; Ord. 1647-11; Ord. 1653-12; Ord. 1667-14; Ord. 1678-15; Ord. 1690-16; Ord. 1704-17)

(a)   An ordinance traffic infraction is a violation of any section of this article that prescribes or requires the same behavior as that prescribed or required by a statutory provision that is classified as a traffic infraction in K.S.A. Supp. 8-2118.

(b)   All traffic violations which are included within this article, and which are not ordinance traffic infractions as defined in subsection (a) of this section, shall be considered traffic offenses.

(Code 1992)

The fine for violation of an ordinance traffic infraction or any other traffic offense for which the municipal judge establishes a fine in a fine schedule shall not be less than $10 nor more than $500. A person tried and convicted for violation of an ordinance traffic infraction or other traffic offense for which a fine has been established in a schedule of fines shall pay a fine fixed by the court not to exceed $500.

(Code 2009)

No person upon roller skates, or riding in or by means of any coaster, toy vehicle, skateboard or similar device, shall go upon Oliver Roadway or 61st Street Roadway except while crossing the street at a crosswalk and except when said roadways have been blocked off and temporarily designated as play streets.

(Code 1998; Ord. No. 98-399)

(a)   No person shall operate or attempt to operate any vehicle within the City of Kechi, Kansas after having been previously convicted of a violation of K.S.A. 8-1567, or substantially similar Federal, State, or City enactment, on two or more prior occasions, while:

(1)   The alcohol concentration in the person’s blood or breath as shown by any competent evidence, including other competent evidence, as defined in paragraph (1) of Subsection (f) of K.S.A. 8-1013,and amendments thereto, is .08 or more;

(2)   The alcohol concentration in the person’s blood or breath, as measured within two hours of the time at operating or attempting to operate a vehicle, is .08 or more;

(3)   Under the influence of alcohol to a degree that renders the person incapable of safely driving a vehicle;

(4)   Under the influence of any drug or combination of drugs to a degree that renders a person incapable of safely driving a vehicle; or

(5)   Under the influence of the combination of alcohol and any drug     or drugs to a degree that renders the person incapable of safely driving a vehicle.

(b)   Upon conviction of a violation of this Section, a person shall be sentenced to serve up to one (1) year in the County Jail and shall be sentenced to pay a fine of up to $2,500.00.  The person convicted shall not be eligible for release on probation, suspension or reduction of sentence, or parole, until the person has served at least ninety (90) days imprisonment. The ninety (90) days imprisonment mandated by this paragraph may be served in a work release program only after such person has served 48 consecutive hours imprisonment, provided such work release program requires such person to return to confinement at the end of each day in the work release program. The Court may place the person convicted under a house arrest program pursuant to K.S.A. 21-4603b and amendments thereto, to serve the remainder of the minimum sentence only after such person has served 48 consecutive hours imprisonment.

(c)   Upon a fourth or subsequent conviction herein the convicted person shall not be eligible for house arrest and shall not be eligible for work release until serving 72 consecutive hours imprisonment.

(d) A conviction includes being convicted of a violation of this section or other substantially similar Federal, State, or City enactment and includes entering into a diversion or deferred judgment agreement in lieu of further criminal proceedings on a complaint alleging a violation of such enactment.

(Ord. 1618-08, Sec. 1:4; Code 2009)

Article 5, Section 23 of the Standard Traffic Ordinance for Kansas Cities, Edition of 2014, is amended to read as follows:

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

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

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

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

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

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

(K.S.A. Supp. 8-1602; Ord. 1671-14)

Article 19, Section 200 of the Standard Traffic Ordinance for Kansas Cities, Edition of 2014, is amended to read as follows:

Sec. 200. Motor Vehicle Liability Insurance.

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

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

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

(d)

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

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

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

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

(K.S.A. Supp. 40-3104; Ord. 1671-14)