Title 12 - Traffic

12.04.105 Consumption of Intoxicating Liquor.

1. a.
   No person shall drink or consume intoxicating liquor while operating any vehicle upon any street, alley, road or highway.
2. b.
   Violation of this section is punishable by a fine of not less than $50.00 nor more than $200.00 or by imprisonment for up to six months, or both. In addition, any person under the age of 21 who is convicted of a violation of this section or diverted in lieu of further criminal proceedings shall be required to submit to and complete an alcohol and drug evaluation by a community-based alcohol and drug safety action program certified pursuant to K.S.A. 8-1008 and amendments thereto and to pay a fee for such evaluation.

(History: Ord. TC-1260,FFFF §30, 2022; Ord. TC-1260,T §1, 90; TC-1260,O §1, 89; TC-1260 §105, 84) 

See: 12.04.002

Effective on: 1/1/1901

12.04.107 Unattended Motor Vehicle; Ignition; Key and Brakes.

1. a.
   No person driving or in charge of a motor vehicle shall permit it to stand unattended without first stopping the engine, locking the ignition, removing the key from the ignition, effectively setting the brake thereon and, when standing upon any grade, turning the front wheels to the curb or side of the highway.
2. b.
   For the purpose of this section, unattended shall not be construed to mean a motor vehicle with an engine that has been activated by a remote starter system, when the motor vehicle is locked and when the ignition keys are not in the motor vehicle.
3. c.
   This section shall not apply to public or private utility vehicles engaged in the restoration of utility services or to emergency vehicles as defined by K.S.A. 2016 Supp. 8-1404, and amendments thereto, either in use during an emergency or in the performance of law enforcement, firefighting, rescue or medical duties, including those vehicles transporting canines as part of a law enforcement function.

(History: Ord. TC-1260,YYY §2, 2017; TC-1260,YY §2, 2003; TC-1260,TT §2, 2000; TC-1260 §107, 84) (State Law: K.S.A. 8-1573)

Effective on: 1/1/1901

12.04.113 Obstructing Traffic.

1. a.
   No driver shall enter an intersection or a marked crosswalk or drive onto any railroad grade crossing unless there is sufficient space on the other side of the intersection, crosswalk or railroad grade crossing to accommodate the vehicle such driver is operating without obstructing the passage of other vehicles, pedestrians or railroad trains notwithstanding any traffic-control signal indication to proceed.
2. b.
   Except in the case of an accident involving death or apparent injury of any person, or the transportation of hazardous material, the owner or driver of a vehicle which obstructs the regular flow of traffic on any interstate highway, U.S. highway, or any multilane or divided roadway, shall make every reasonable effort to move the vehicle from the roadway, if, moving the vehicle may be done safely, does not require towing and may be operated under its own power without further damage to the vehicle or the roadway and without endangering other vehicles or persons upon the roadway.
3. c.
   Except in the case of an accident involving death or apparent injury of any person or the transportation of hazardous material, authorized employees or agents of the Kansas Department of Transportation, Kansas Highway Patrol, the Overland Park Police Department or any other law enforcement agency without the consent of the driver or owner of the vehicle or property, may require, assist in or cause the removal from the roadway any vehicle, debris or any other property which is obstructing the regular flow of traffic, creating or aggravating an emergency situation or otherwise endangering public safety.
4. d.
   Notwithstanding the provisions of this Section, a driver is required to comply with the applicable provisions of STO Sec. 23 et seq., and amendments thereto.

(History: Ord. TC-3506 §7, 2026; Ord. TC-1260,FFFF §34, 2022; Ord. TC-1260,PPP §6, 2009; TC-1260 §113, 84) (State Law: K.S.A. 8-1584; K.S.A. 8-15,107)

Effective on: 1/1/1901

12.04.115 Unlawful Riding.

1. a.
   It shall be unlawful for any person to ride on any vehicle or upon any portion thereof not designed or intended for use of passengers when the vehicle is in motion.
2. b.
   It shall be unlawful for the operator of any vehicle to allow any person to ride on any vehicle or upon any portion thereof not designated or intended for the use of passengers when the vehicle is in motion.
3. c.
   This section shall not apply to an employee engaged in the necessary discharge of the employee's duty within truck bodies in space intended for merchandise or cargo; or (2) when the vehicle is being operated in parades, caravans or exhibitions which are officially authorized or otherwise permitted by law.

(History: Ord. TC-1260,DD §1, 92; TC-1260 §115, 84) (State Law: K.S.A. 8-1578a)

Effective on: 1/1/1901