Title 12 - Traffic

 

12.04 Overland Park Traffic Ordinance

 

 

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

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)) 

12.04.135.1 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