ORDINANCE NO. 24-20
AN ORDINANCE ADOPTING AND INCORPORATING BY REFERENCE THE STANDARD TRAFFIC ORDINANCE FOR KANSAS CITIES 51ST EDITION, AMENDING SECTION 25-21 OF THE CODE OF THE CITY OF EMPORIA, KANSAS, AND REPEALING SAID SECTION AS IT EXISTED PRIOR TO THE ADOPTION OF THIS ORDINANCE.
BE IT ORDAINED by the Governing Body of the City of Emporia, Kansas:
Section 1. That Section 25-21 of the Code of the City of Emporia, Kansas, is hereby amended to read as follows:
“Section 25-21. Adopted; Amendments and Deletions:
(a) Adopted: 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, 51st Edition, 2024, prepared and published in book form by the League of Kansas Municipalities, Topeka, Kansas, save and except such sections, parts or portions as are hereafter omitted, deleted, modified or changed. No fewer than three (3) copies of said Standard Traffic Ordinance shall be marked or stamped "Official Copy as Adopted by Section 25-21 of the Code of the City of Emporia, Kansas", 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 Ordinance, and filed with the City Clerk to be open to inspection and available to the public at all reasonable hours. The Police Department, Municipal Judge and all administrative departments of the City charged with enforcement of the Ordinance shall be supplied, at the cost of the City, such number of official copies of such Standard Traffic Ordinance similarly marked, as may be deemed expedient.
(b) Amendments and Deletions: The Standard Traffic Ordinance for Kansas Cities, 51st Edition, 2024, is hereby amended in the following respects:
(1) Section 2 shall be amended by the addition of subparagraph (c) as follows:
“(c) Articles 7, 8, 9, 10, 11, 13 and 14 of The Standard Traffic Ordinance for Kansas Cities, 51st Edition, 2024, shall be applied to private drives, private parking areas and private streets within the corporate limits of the City of Emporia, Kansas, only if requested in writing by the owner of the property and authorized by the Governing Body with appropriate signage stating, ‘THE TRAFFIC ORDINANCES OF THE CITY OF EMPORIA, KANSAS, AS AMENDED, ARE ENFORCED UPON THIS PROPERTY PURSUANT TO CITY CODE SEC. 25-21’.”
(2) Sections 30.4 and 105 are hereby deleted.
(3) Section 85(b)(1) is amended to read as follows:
"(1) In front of or within five (5) feet of a public or private driveway."
(4) Section 85(c) is amended by adding new subparagraph (3) to read as follows:
"(3) At any place where the curb has been painted yellow."
(5) Section 88 is amended by adding new subparagraph (c) to read as follows:
"(c) Advertising or promoting the sale of merchandise, wares or goods, the selection of any public official, or any public or private event."
(6) Section 126 is hereby deleted.
(7) Section 103 is amended to read as follows:
“No person, except an authorized emergency vehicle operated by Emporia Fire Department, shall operate any motor vehicle on the streets, alleys, or roadways of the City while wearing headphones which in any way interfere with hearing of traffic noise or warning devices or signals.”
(8) Section 114.2 is amended by adding the following subparagraph:
“(d) Micro utility trucks may be operated upon the public highways, streets, roads and alleys within the corporate limits of the city. No micro utility truck shall be operated on any public highway, street, road or alley unless such vehicle shall comply with the equipment requirements under the provisions of article 17, chapter 8 of the Kansas Statutes Annotated. Every person operating a micro utility truck 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. A violation of this section shall be deemed an ordinance traffic infraction. No person shall operate a micro utility truck on any public highway, street, road or alley within the corporate limits of the city unless such person has a valid driver’s license. 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 Section 201, 2024 Standard Traffic Ordinance, and amendments thereto, or such other similar provision as the city may then have in effect.”
(9) Section 114.4 is amended by adding the following subparagraph:
“(d) A golf cart may be operated upon the public highways, streets, roads and alleys within the corporate limits of the city. Every person operating a golf cart 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. A violation of this section shall be deemed an ordinance traffic infraction. No person shall operate a golf cart on any public highway, street, road or alley within the corporate limits of the city unless such person has a valid driver’s license. 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 Section 201, 2024 Standard Traffic Ordinance, and amendments thereto, or such other similar provision as the city may then have in effect.”
(10) Section 114.5 is amended by adding the following subparagraph:
“(e) Work-site utility vehicles may be operated upon the public highways, streets, roads and alleys within the corporate limits of the city. No work-site utility vehicle shall be operated on any public highway, street, road or alley unless such vehicle shall comply with the equipment requirements under the provisions of article 17, chapter 8 of the Kansas Statutes Annotated. Every person operating a work-site utility vehicle 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. A violation of this section shall be deemed an ordinance traffic infraction. No person shall operate a work-site utility vehicle on any public highway, street, road or alley within the corporate limits of the city unless such person has a valid driver’s license. 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 Section 201, 2024 Standard Traffic Ordinance, and amendments thereto, or such other similar provision as the city may then have in effect.”
Section 2. PENALTY FOR SCHEDULED FINES.
(a) It is unlawful for any person to violate any of the provisions of this ordinance.
(b) The judge of the Municipal Court shall in the manner prescribed by K.S.A. 12-4305 and Article 20 of the Standard Traffic Ordinance for Kansas Cities establish a schedule of fines for violation of any section of this ordinance classified as an ordinance traffic infraction. Such fines shall be imposed upon a voluntary entry of appearance and upon a plea of guilty or no contest to a complaint alleging such violation and payment of the fine and any court costs.
Section 3. That Section 25-21 of the Code of the City of Emporia, Kansas as it existed prior to the adoption of this ordinance is hereby repealed.
Section 4. This ordinance shall take effect upon its publication in the official City newspaper.
Section 5. The provisions of this ordinance shall be included and incorporated in the Code of Ordinances of the City of Emporia, KS as an addition or amendment thereto and shall be appropriately renumbered to conform to the uniform numbering system of the Code.
PASSED AND APPROVED by the Governing Body of the City of Emporia, Kansas, this 7th day of August 2024.
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Erren Harter, Mayor
ATTEST:
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Kerry Sull, City Clerk