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,” (50th Edition), as prepared and published in book form by the League of Kansas Municipalities in 2023 (the “STO”), as if said model or standard code were set out in full herein, save and accept such sections, parts, or portions as may be omitted or deleted, modified, or changed elsewhere within the Code of the City of Kechi, Kansas.

The City Clerk of Kechi, Kansas shall prepare and make one copy of said STO, by marking or stamping thereon “Official Copy as incorporated by Ordinance No. 1817-23” with all sections or portions intended to be omitted or changed clearly marked to show such omission, and to which shall be attached a copy of this article or said ordinance and filed with the City Clerk to be open for inspection and available to the public at all reasonable business 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; Ord. 1727-18; Ord. 1749-19; Ord. 1765-20; Ord. 1792-21; Ord. 1783-22; Ord. 1817-23)

(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 STO 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; Ord. 1749-19; Ord. 1765-20; Ord. 1792-21; Ord. 1783-22)