Title 12 - Traffic

12.04.191.3 Driver's License - Change of Name/Address.

It shall be unlawful for any person to fail to notify the division in writing within 10 days of any address or name change on such person's driver's license pursuant to K.S.A. 8-248.

(History: Ord. TC-1260,HHH §2, 2006; TC-1260 §204, 84)

Effective on: 1/1/1901

12.04.195 Vehicle License; Illegal Tag.

No person shall:

1. a.
   Park, leave unattended, operate or drive any motor vehicle upon a street or highway within this City which is not registered, or for which a certificate of title has not been issued or which does not have attached thereto and displayed thereon the license plate or plates assigned thereto by the division for the current registration year, including any registration decal required to be affixed to any such license plate pursuant to K.S.A. 8-134, and amendments thereto, subject to the exemptions allowed in K.S.A. 8-135 and 8-198, and amendments thereto.  A violation of this subsection (a) by a person unlawfully claiming that a motor vehicle is exempt from registration as a self-propelled crane under K.S.A. 8-128(b) and amendments thereto, shall constitute a violation punishable by a fine of not less than $500.00. A person shall not be charged with a violation of this subsection for failing to display a registration decal on any vehicle except those included under K.S.A. 8-1,101 and K.S.A. 2016 8-143m and 8-1,152, and amendments thereto, up to and including the 10th day following the expiration of the registration if the person is able to produce a printed payment receipt or electronic payment receipt from an online electronic payment processing system for the current 12-month registration period.  Any charge for failing to display a registration decal up to and including the 10th day following the expiration of the registration shall be dismissed if the person produces in court a registration receipt for the current 12-month registration period which was valid at the time of arrest.
2. b.
   Display or cause or permit to be displayed, or to have in possession, any registration receipt, certificate of title, registration license plate, registration decal, accessible parking placard or accessible parking identification card knowing the same to be fictitious or to have been canceled, revoked, suspended or altered.  A violation of this subsection (b) shall constitute an ordinance violation punishable by a fine of not less than $100.00 and forfeiture of the item.  A mandatory court appearance shall be required of any person violating this subsection (b).  This subsection (b) shall not apply to the possession of:

   1. 1.
      Model year license plates displayed on antique vehicles as allowed under K.S.A. 8-172, and amendments thereto; or
   2. 2.
      Distinctive license plates allowed under K.S.A. 8-1,147, and amendments thereto.
3. c.
   Lend to or knowingly permit the use by one not entitled thereto any registration receipt, certificate of title, registration license plate or registration decal issued to the person so lending or permitting the use thereof.
4. d.
   Remove, conceal, alter, mark or deface the license number plate or plates or any other mark of identification upon any vehicle.  License plates shall be kept clean and they shall be placed on all vehicles within the City as required by law so as to be plainly legible.  It shall be unlawful for any person to attach and display on any vehicle a license plate which is covered, in whole or in part, with any clear or opaque material or any other plastic-like material that affects the plate’s visibility or reflectivity.
5. e.
   Carry or display a registered number plate or plates or registration decal upon any vehicle not lawfully issued for such vehicle.
6. f.
   Any person violating subsections (a), (b) or (c) shall be punished by a fine not exceeding $2,500.00, or by imprisonment for not less than 30 days nor more than six months, or by both such fine and imprisonment.  Any person violating subsections (d) or (e) shall be punished as provided in Section 12.04.197.

(History: Ord. TC-1260,FFFF §68, 2022; Ord. TC-1260, YYY §3, 2017; TC-1260, WWW §7, 2015; TC-1260, QQQ §6, 2010; TC-1260, LLL §1, 2007; TC-1260,X §1, 91; TC-1260 §208, 84) (State Law: K.S.A. 8-142)

Effective on: 1/1/1901

12.04.196.1 Vehicle Height, Weight, Length and Width.

1. a.
   No person, association, firm, partnership, or corporation shall operate a motor vehicle or combination of vehicles the height or length of which, including any load thereon, exceeds the limitations as to such prescribed by K.S.A. 8-1904 and any amendments thereto, which are incorporated by reference as if set out in full herein.
2. b.
   No person, association, firm, partnership, or corporation shall operate a motor vehicle or combination of vehicles the total outside width of which, or any load thereon, exceeds the limitations as to such prescribed by K.S.A. 8-1902 and amendments thereto, which are incorporated by reference as if set out in full herein.
3. c.
   No person, association, firm, partnership, or corporation shall operate a motor vehicle or combination of vehicles the gross weight of which, as to wheel and axle load, exceeds the limitations as to such prescribed by K.S.A. 8-1908 and amendments thereto, which are incorporated by reference as if set out in full herein.
4. d.
   No person, association, firm, partnership, or corporation shall operate a motor vehicle or combination of vehicles unless such motor vehicle is registered and licensed according to gross weight as prescribed in K.S.A.8-143 and amendments thereto, which are incorporated by reference as if set out in full herein.
5. e.
   No person, association, firm, partnership, or corporation shall operate a motor vehicle or combination of vehicles the gross weight of which exceeds the limitation as to such prescribed by K.S.A.8-1909 and amendments thereto, which are incorporated by reference as if set out in full herein.
6. f.
   It shall be unlawful to operate within this City a vehicle or combination of vehicles whose weight, with cargo, is in excess of the gross weight for which the vehicle, truck, or truck tractor propelling the same is licensed and registered except as provided by K.S.A.8-1911 and amendments thereto and K.S.A.8-143 and amendments thereto.
7. g.
   Whenever a police officer, upon weighing a vehicle or combination of vehicles, determines that the weight is unlawful, such officer may require the driver to stop the vehicle in a suitable place and remain standing until such portion of the load is removed as may be necessary to reduce the gross weight of such vehicle or combination of vehicles or remove or redistribute the gross weight on any axle or tandem axles to such limits as permitted in this Section. All material so unloaded shall be cared for by the owner, lessee, or operator of such vehicle at the risk of such owner, lessee or operator.
8. h.
   Every person who is convicted of a violation of this Section shall be fined according to the following schedule:
   
   Weight --First 1000 lbs over limit - $50.00
                --Per lb. over 1000 lbs. - $ .10
   Height, Length, Width over limit:
                $30.00 plus $1.00 per inch.
   
   For a second violation of this Section within two years, such person shall, upon conviction, be fined 1 1/2 times the applicable amount based on the above fine schedule. For a third violation of this Section within two years, such person shall, upon conviction, be fined two times the applicable amount from the above fine schedule. For fourth and each succeeding violation of this subsection within two years, such person, upon conviction, shall be fined 2 1/2 times the applicable amount from the above fine schedule.

(History: Ord. TC-1260,TTT §7, 2012; TC-1260,C §1, 86; TC-1260 §211, 84)  (State Law: K.S.A. 8-1901 through K.S.A. 8-1911)

Effective on: 1/1/1901

12.04.196.1.7 Commercial Motor Vehicle Safety.

There is hereby incorporated by reference for the purpose of regulating commercial motor vehicle safety on the streets and highways of the City, Kansas Administrative Regulations 82-4-3, 82-4-3a, 82-4-3c, 82-4-3f, 82-4-3g, 82-4-3h, 82-4-3i, 82-4-3j, and 82-4-3k, as they may be amended, which adopt and amend certain safety regulations known as the Federal Motor Carrier Safety Regulations, 49 C.F.R. Parts 382, 390-393, and 395-397. One copy of said Kansas Administrative Regulations and said Federal Motor Carrier Safety Regulations shall be marked "Official Copy as required by Ordinance No. TC-1260,DDD" and filed with the City Clerk to be open to inspection and available to the public at all reasonable business hours. A copy of the ordinance codified herein shall be attached to the Regulations. The Municipal Court and all administrative departments of the City charged with the enforcement of the ordinance shall be supplied at the cost of the City such number of official copies of the Regulations as may be deemed expedient.

(History: Ord. TC-1260,FFFF §71, 2022; Ord. TC-1260,DDD §1, 2006)

Effective on: 1/1/1901

12.04.196.1.8 Unlawful Acts by Interstate Motor Fuel Users; Penalties.

1. a.
   It shall be unlawful for any interstate motor fuel user, as defined by K.S.A. 79-34,108(c) and amendments thereto, to engage in operations within this City without having a valid license, motor fuel permit or temporary authorization issued by the director of taxation.
2. b.
   Violation of this ordinance is punishable as set forth in K.S.A. 8-2118, and amendments thereto.

(History: Ord. TC-1260,OOO §2, 2009) (State Law: K.S.A. 79-34,122)

Effective on: 1/1/1901

12.04.196.2 Gross Weight Limits on Bridges.

1. a.
   The City Engineer may determine and declare upon the basis of an engineering investigation maximum gross weight limits for any roadway bridge within the City, and these limits shall be effective when posted upon appropriate signs adjacent to said bridges. No person, firm, association, partnership or corporation shall drive a vehicle in excess of the posted gross weight limits upon said bridges.
2. b.
   When the department of transportation shall determine upon the basis of an engineering investigation maximum gross weight limits on any bridge which is on a state highway connecting link, said maximum gross weight limits shall be effective at all times when appropriate signs giving notice thereof are erected adjacent to said bridges.
3. c.
   The maximum gross weight limit on any bridge not posted otherwise shall be the maximum gross weight limit as set forth in 12.04.196.1.
4. d.
   Any person, firm, association, partnership or corporation driving, operating or moving any vehicle, object, or contrivance upon the bridges in this City in violation of the weight restrictions as set forth herein shall be liable for all damages which said bridges or structures may sustain.

(History: Ord. TC-1260 §212, 84)

Effective on: 1/1/1901

12.04.196.3 Unlawful Use of Identification Card.

1. a.
   It shall be unlawful for any person, for any purpose, to:

1. 1.
   Display, cause or permit to be displayed, or have in possession, any fictitious, fraudulently altered or fraudulently obtained identification card.
2. 2.
   Lend any identification card to any other person or knowingly permit the use thereof by another.
3. 3.
   Display or represent any identification card not issued to the person as being the person's card.
4. 4.
   Permit any unlawful use of an identification card issued to the person.
5. 5.
   Display or possess any photograph, photostat, duplicate, reproduction, or facsimile of an identification card unless authorized by law.
6. 6.
   Photograph, photostat, duplicate or in any way reproduce any identification card or facsimile thereof in such a manner that it could be mistaken for a valid identification card or display or have in possession any such photograph, photostat, duplicate, reproduction or facsimile unless authorized by law. 
7. 7.
   Display or cause or permit to be displayed any canceled identification card.

2. b.
   Violation of paragraphs (1) and (7) of subsection (a) is punishable by a fine of not more than $1,000.00 or by imprisonment for not more than six months or by both such fine and imprisonment. Violation of paragraphs (2), (3), (4), (5), or (6) or subsection (a) is punishable by a fine of not more than $2,500.00 or by imprisonment for not more than one year or by both such fine and imprisonment. 
3. c.
   It shall be unlawful for any person to:

1. 1.
   Lend any identification card to or knowingly permit the use of any identification card by any person under 21 years old for use in the purchase of any alcoholic liquor.
2. 2.
   Lend any identification card or knowingly permit the use of any identification card by any person under the legal age for consumption of cereal malt beverage for use in the purchase of cereal malt beverage.
3. 3.
   Lend any identification card, driver's license, or other form of identification card to aid another person in obtaining an identification card or duplicate identification card.
4. 4.
   Display or cause to be displayed or have in possession any fictitious or fraudulently altered identification card by any person under 21 years of age for use in the purchase of any alcoholic liquor or cereal malt beverage. 

4. d.
     

1. 1.
   Upon a first conviction of a violation of any provision of subsection (c) a person shall be sentenced to not less than 100 hours of public service and fined not less than $200.00 nor more than $500.00.
2. 2.
   On a second or subsequent conviction of a violation of any provision of subsection (c), a person shall be punished by a fine of not more than $2,500.00 or by imprisonment for not more than one year or by both such fine and imprisonment. 

5. e.
   The provisions of this section shall apply to any identification card, whether issued under the laws of this state or issued used under the laws of another state or jurisdiction. 

(History: Ord. TC-1260,FFFF §72, 2022; Ord. TC-1260,B §4, 85) (State Law: K.S.A. 8-1327)

Effective on: 1/1/1901