Title 12 - Traffic

 

12.04 Overland Park Traffic Ordinance

 

 

Article XV. Operation of Bicycles, Motorized Bicycles, and Play Vehicles.

12.04.134 Application of Standard Traffic Ordinance, 53rd Edition, prepared and published in book form by the League of Kansas Municipalities, Topeka, Kansas, sections 127 to 133 to Motorized Bicycles.

  1. a.
    The provisions of Sections 127 to 133 of the Standard Traffic Ordinance, 53rd Edition, prepared and published in book form by the League of Kansas Municipalities, Topeka, Kansas, inclusive, shall be applicable to motorized bicycles and every person operating a motorized bicycle shall be subject to the provisions thereof.
  2. b.
    Every owner of a motorized bicycle shall provide insurance coverage on each motorized bicycle such person owns in the amount of not less than $25,000 because of bodily injury to, or death of, one person in any one accident and, subject to the limit for one person, to a limit of not less than $50,000 because of bodily injury to, or death of, two or more persons in any one accident and to a limit of not less than $10,000 because of harm to or destruction of property of others in one accident.
    In addition, the policy shall insure the person named and any other person, as insured, using any such vehicle with the expressed or implied consent of such named insured, against loss from the liability imposed by law for damages arising out of the ownership, maintenance or use of any such vehicle.
  3. c.
    Any person operating a motorized bicycle upon a highway or upon property open to use by the public shall display, upon demand, evidence of insurance coverage to any law enforcement officer.
  4. d.
    No person shall operate a motorized bicycle upon a highway without the same being insured as provided in subsection (b).
  5. e.
    Regardless of the design capability, motorized bicycles shall only be used to transport one person (the operator).

(History: Ord. TC-3528, §4, 2026; Ord. TC-3506 §4, 2026; TC-1260,F §1, 87; TC-1260 §134, 84) (State Law: KSA 8-1592a)

Effective on: 1/1/1901

12.04.135 Electric-Assisted Bicycles and Electric-Assisted Scooters, Traffic Law Application.

  1. a.

    An electric-assisted bicycle or a person riding an electric-assisted bicycle shall not be required to maintain: (1) Vehicle liability insurance coverage; (2) a driver’s license; (3) registration in accordance with article 1 of chapter 8 of the Kansas Statutes Annotated, and amendments thereto; (4) a certificate of title; or (5) a license plate. An electric-assisted bicycle shall not be considered a motor vehicle.

  2. b.

    Traffic regulations, including sections 127 through 133 of the Standard Traffic Ordinance, applicable to bicycles shall apply to electric-assisted scooters and electric-assisted bicycles, except tricycles with no brake horse power.

  3. c.

    It shall be unlawful for any person to operate an electric-assisted scooter at a speed in excess of fifteen (15) miles per hour, or on any street with a posted speed limit greater than thirty-five (35) miles per hour.

  4. d.

    Electric-assisted scooters may be ridden on designated bike paths; however, whenever a usable path for bicycles has been provided adjacent to the roadway, riders shall use such path and shall not use the roadway.

  5. e.

    It shall be unlawful for any person to operate an electric-assisted bicycle or electric-assisted scooter on any interstate highway, federal or state highway within the city; provided that, nothing in this section shall prohibit an electric-assisted bicycle or electric-assisted scooter from crossing a federal or state highway.

  6. f.

    (1) An electric-assisted bicycle may be ridden in places where bicycles are allowed, including, but not limited to, streets, highways, roadways, bicycle lanes, bicycle or multi-use paths, trails or trail networks. (2) Subsection (F)(1) shall not apply to a trail that is specifically designated as nonmotorized and that has a natural surface tread that is made by clearing and grading.

  7. g.
    No person under 16 years of age may operate a class 3 electric-assisted bicycle. A person under 16 years of age may ride as a passenger on a class 3 electric-assisted bicycle that is designed to accommodate passengers.

  8. h.

    On and after January 1, 2023, manufacturers and distributors of electric-assisted bicycles shall apply a label that is permanently affixed, in a prominent location, to each electric-assisted bicycle. The label shall contain the classification number, top assisted speed and motor wattage of the electric-assisted bicycle and shall be printed in Arial font in at least nine-point type.

  9. i.

    A person shall not tamper with or modify an electric-assisted bicycle in a manner that changes the motor-powered speed capability or engagement of an electric-assisted bicycle, unless the label indicating the classification required in subsection (c) is replaced after modification.

  10. j.

    An electric-assisted bicycle shall comply with the equipment and manufacturing requirements adopted by the United States consumer product safety commission, 16 C.F.R. part 1512.

(History: Ord. No. TC-3512 §1, 2026; Ord. No. TC-3348 §2, 2021; Ord. No. TC-1260,AAA §2, 2004; Ord. TC-1260,UU §4, 2000; TC-1260 §135, 84) (State Law: K.S.A.8-1592(b)) 

12.04.135.05 Helmet Usage; Electric Scooters and Bicycles

  1. a.

     All persons under the age of eighteen (18) who operate or ride upon an electric-assisted bicycle or electric-assisted scooter shall wear a Consumer Product Safety Commission approved bicycle helmet that is properly fitted and is fastened securely by a neck or chin strap while the electric-assisted bicycle or scooter is in motion.

  2. b.

     From and after the effective date of this ordinance, and prior to January 1, 2027, a law enforcement officer shall issue a warning citation to anyone violating the provisions of Section (A).

  3. c.

     First time offenders cited for violating Section (A) after January 1, 2027, shall be fined an amount not to exceed ten dollars ($10). Repeat offenders shall be fined an amount not to exceed twenty-five ($25).

  4. d.

     First time offenders showing proof of acquisition of a Consumer Product Safety Commission approved helmet after the date of citation shall have their citation dismissed by the Municipal Court.

(History: Ord. No. TC-3516, §1, 2026) 

Effective on: 1/1/1901

12.04.135.1 All-terrain Vehicles, Prohibited.

  1. a.
    All-terrain vehicles may be used within the City on private property for agricultural or any other lawful purpose, but all-terrain vehicles shall not be operated within the City limits upon interstate highways, federal highways, state highways or City streets.
  2. b.
    Notwithstanding the provisions of subsection (a), all-terrain vehicles owned and operated by a county noxious weed department, or all-terrain vehicles owned and operated by persons contracting with a county noxious weed department or with the Kansas department of transportation may be allowed to operate such all-terrain vehicles upon the right-of-way of any federal highway or state highway for the purpose of eradicating noxious weeds, and such all-terrain vehicles may be operated incidentally upon such federal highway or state highway.
  3. c.
    Notwithstanding the provisions of subsection (a), all-terrain vehicles may be moved or operated incidentally upon City streets within the portion of the City annexed by Ordinance No. A-2719.
  4. d.
    Notwithstanding the provisions of subsection (a), all-terrain vehicles may be operated to cross a federal highway or state highway.
  5. e.
    Notwithstanding the provisions of subsection (a), persons engaged in agricultural purposes may operate an all-terrain vehicle on a federal highway or state highway under the following conditions:
    1. 1.
      The operator of the all-terrain vehicle must be a licensed driver and be operating within the restrictions of the operator's license;
    2. 2.
      The federal highway or state highway must have a posted speed limit of 65 miles per hour or less;
    3. 3.
      The operator of the all-terrain vehicle must operate the all-terrain vehicle as near to the right side of the roadway as practicable, except when making or preparing to make a left turn; and
    4. 4.
      The purpose of the trip using the all-terrain vehicle must be for the agricultural purposes.  
  6. f.
    No all-terrain vehicle shall be operated on any public highway, street or road between sunset and sunrise unless it is equipped with lights as required by law for motorcycles.
  7. g.
    This section is not applicable to any all-terrain vehicle owned or operated by a Law Enforcement Agency, Municipal or County Fire Department or Emergency Medical Service operator. All-terrain vehicles owned or operated by the aforementioned agencies may be operated anywhere within the City limits while on official business.

(History: Ord. TC-3506 §5, 2026; Ord. TC-1260,FFFF §41, 2022; Ord. TC-1260,MMM §1, 2008; TC-1260,KK §9, 95; TC-1260,B §2, 85) (State Law: K.S.A. 8-15,100) 

Effective on: 1/1/1901

12.04.135.3 Work-site Utility Vehicle.

  1. a.
    It shall be unlawful for any person to operate a work-site utility vehicle on any interstate highway, federal highway or state highway.
  2. b.
    Notwithstanding the provisions of subsection (a), work-site utility vehicles may be operated to cross a federal highway or state highway.

Notwithstanding the provisions of subsection (a), persons engaged in agricultural purposes may operate a work-site utility vehicle on a federal highway or state highway under the following conditions: 

  1. 1.
    The operator of the work-site utility vehicle must be a licensed driver and be operating within the restrictions of the operator's license;
  2. 2.
    The federal highway or state highway must have a posted speed limit of 6 miles per hour or less;
  3. 3.
    The operator of the work-site utility vehicle must operate the work-site utility vehicle as near to the right side of the roadway as practicable, except when making or preparing to make a left turn; and
  4. 4.
    The purpose of the trip using the work-site utility vehicle must be for agricultural purposes.   
  1. c.
    No work-site utility vehicle shall be operated on any public highway, street or road between sunset and sunrise unless equipped with lights as required by law for motorcycles. 
  2. d.
    This section is not applicable to any work-site utility vehicle owned or operated by a Law Enforcement Agency, Municipal or County Fire Department or Emergency Medical Service operator. Work-Site utility vehicles owned or operated by the aforementioned agencies may be operated anywhere within the City limits while on official business.

(History: Ord. TC-3506 §6, 2026; Ord. TC-1260,FFFF §42, 2022; Ord. No. TC-1260,JJJ §4, 2007) (State Law: K.S.A. 8-15,109)

Effective on: 1/1/1901

12.04.135.4 Golf Carts Prohibited.

  1. a.
    It shall be unlawful for any person to operate a golf cart:
    1. 1.
      On any interstate highway, federal highway or state highway; or
    2. 2.
      on any public highway or street within the corporate limits of the city.
  2. b.
    The provisions of subsection (a) shall not prohibit a golf cart from crossing a federal or state highway or a street or highway with a speed limit greater than 30 miles per hour.

(History: Ord. No. TC-1260,PPP §7, 2009) (State Law: K.S.A. 8-15,108)

Effective on: 1/1/1901

12.04.135.5 Micro Utility Trucks Prohibited.

  1. a.
    It shall be unlawful for any person to operate a micro utility truck:
    1. 1.
      On any interstate highway, federal highway or state highway; or
    2. 2.
      on any public highway or street within the corporate limits of the city.
  2. b.
    The provisions of subsection (a) shall not prohibit a micro utility truck from crossing a federal or state highway or a street or highway.

(History: Ord. No. TC-1260,PPP §8, 2009) (State Law: K.S.A. 8-15,106)

Effective on: 1/1/1901

12.04.136 Use of Roller Skates, Coasters, Roller Blades, Skateboards, Toy Vehicles and Similar Devices Restricted.

  1. a.
    No person upon roller skates, or riding in or by means of any coaster, roller blades, skateboard, toy vehicle, or similar device shall operate such a device on:
    1. 1.
      any sidewalk or public or private parking lot in the Downtown Business District of the City of Overland Park as defined by O.P.M.C. 2.14.010; or
    2. 2.

      any portion of the City within an area bordered by Highway I-435 on the north, Antioch Road on the east, College Boulevard on the south and Highway 69 on the west, excepting the Indian Creek Bike-Hike Trail and public parkland within said area, provided the following signage is clearly and properly posted at all street entrances to this designated area and entrances to the area on the Indian Creek Bike-Hike Trail.

       

      NOTICE

      Pursuant to Overland Park Municipal Code Section 12.04.136, no roller skates, coaster, roller blades, skateboard, toy vehicle or similar device may be operated in this area, provided these devices may be used in the areas of Indian Creek Bike-Hike Trail and public parkland within this area. Conviction of a violation of this section shall result in a fine of $25.00.

    3. 3.

      any roadway, except:

      1. a.
        where no useable path for their operation or sidewalk has been provided adjacent to such roadway; or
      2. b.
        when the roadway is temporarily designated as a play street; or
    4. 4.
      any public tennis court; or
    5. 5.
      any public parking area or lot; or
    6. 6.
      any private parking area or lot where signs giving notice that operation of such devices is prohibited. The provisions of this subsection (6) shall not be applicable to any private parking lot or area unless the following signage is clearly and properly posted at all entrances to said private parking lot or area, to wit:

      NOTICE

      Pursuant to Overland Park Municipal Code Section 12.04.136, no roller skates, coaster, roller blades, skateboard, toy vehicle or similar device may be operated in this parking lot or area. Conviction of a violation of this section shall result in a fine of $25.00.

    7. 7.
      any private parking area or lot where the building used for conducting business on the premises is not occupied by an ongoing business enterprise, unless with the written permission of the property owner. The provisions of this subsection (7) shall not be applicable unless the following signage is posted on the property in a location clearly observable to the public, to wit:

      NOTICE

      Pursuant to Overland Park Municipal Code Section 12.04.136, no roller skates, coaster, roller blades, skateboard, toy vehicle or similar device may be operated in this parking lot or area without the written permission of the property owner. Conviction of a violation of this section shall result in a fine of $25.00.

  2. b.
    Whenever any person is operating such a device upon a useable path for their operation or sidewalk, such person shall yield the right of way to any pedestrian and shall give an audible signal before overtaking and passing such pedestrian.
  3. c.
    Any person found guilty of a violation of this section shall be fined $25.00.

(History: Ord. TC-1260,OO §1, 97; TC-1260, HH §1, 93; TC-1260,V §1, 90; TC-1260 §136, 84)

See: 12.04.020

Effective on: 1/1/1901