Title 12 - Traffic

 

12.04 Overland Park Traffic Ordinance

 

 

Article VII. Speed Regulations

12.04.032 Duties of City Traffic Engineer.

  1. a.
    The City Traffic Engineer shall determine the installation and proper timing and maintenance of traffic control devices; conduct engineering analysis of traffic accidents and devise remedial measures; conduct engineering investigations of traffic conditions; plan the operation of traffic on the streets and highways of this City; cooperate with other City officials in the development of ways and means to improve traffic conditions; and carry out the additional powers and duties imposed by ordinances of this City.
  2. b.
    The City Traffic Engineer, the Assistant City Traffic Engineer, or the Director of Public Works shall place, maintain, change, and remove traffic control signs, signals, and devices, when and as required under the traffic ordinances of this City to make effective and carry out the provisions of said ordinances, and may place, maintain, change and remove such additional traffic control devices as he may deem necessary to regulate traffic or to warn or guide traffic.

(History: Ord. TC-1260,C §1, 86; TC-1260 §31, 84)

Effective on: 1/1/1901

12.04.033 Speed Limitations; Restrictions.

  1. a.
    No person shall drive a vehicle at a speed greater than is reasonable and prudent under the circumstances and having regard to the actual hazards then existing. Consistent with the foregoing, every person shall drive at a safe and appropriate speed when approaching and crossing an intersection or railroad grade crossing, when approaching and going around a curve, when approaching a hillcrest, when traveling upon any narrow or winding roadway, and when special hazards exist with respect to pedestrians or other traffic or by reason of weather or highway conditions. 
  2. b.
    Except when a special hazard exists that requires lower speed for compliance with paragraph (a) of this Section, the limits specified in this Section or established as hereinafter authorized shall be maximum lawful speeds, and no person shall operate a vehicle at a speed in excess of such maximum limits:
    1. 1.
      All vehicles 20 miles per hour in any business district.
    2. 2.
      All vehicles 25 miles per hour in any residence district except where posted otherwise.
    3. 3.
      All vehicles 20 miles per hour in any park under the jurisdiction of this City.
    4. 4.
      Unless posted otherwise, all vehicles 30 miles per hour on streets or highways on which an engineering and traffic investigation has been conducted in an urban district.
    5. 5.
      Unless posted otherwise, all vehicles 55 miles per hour on arterial streets on which an engineering and traffic investigation has been conducted.
    6. 6.
      All vehicles on any separated multilane highway, as designated and posted by the Secretary of Transportation, 75 miles per hour.
    7. 7.
      All vehicles 65 miles per hour in all other locations unless posted otherwise.
  3. c.
    The maximum speed limit upon streets or portions of streets abutting school property or adjacent to school crosswalks in those areas designated as school zones shall be the speed limit posted on appropriately erected signs giving notice of the speed limit in said school zones. The maximum speed to be posted within each school zone shall be determined by the City Traffic Engineer provided the speed limit shall not be less than 20 miles per hour. Maximum speed limits within school zones shall be effective and subject to enforcement by law enforcement officers during those time periods set forth on appropriately erected signs giving notice of the effective hours of enforcement or during those times a flashing yellow beacon is in operation with appropriately erected signs indicating the school zone speed limits are enforced during the times the flashing yellow beacon is in operation. The City Traffic Engineer shall determine the times of enforcement for school zones within the City, provided such speed limits shall apply only during the hours in which students are normally en route to or from school.
  4. d.
    Whenever the City Traffic Engineer shall determine upon the basis of an engineering and traffic investigation that any speed limit hereinbefore set forth is greater or less than is reasonable or safe under the conditions found to exist upon any part of a street which said City Traffic Engineer shall determine and declare a reasonable and safe speed limit thereon which shall be effective at all times or during the daytime or nighttime or at such other times as may be determined when appropriate signs giving notice thereof are erected on such street, pursuant to K.S.A. 8-1560 and K.S.A. 8-2002.
  5. e.
    As used in subsection ​​​​​​​(d)​​​​​​​ "daytime" means from 30 minutes before sunrise to 30 minutes after sunset and "nighttime" means any other hour.

(History: Ord. TC-3444 §2, 2023; ​​​​​​​Ord. TC-1260,FFFF §14, 2022; Ord. TC-1260, CCCC §1, 2019; Ord. TC-1260,XXX §2, 2016; TC-1260,RRR §9, 2011; TC-1260,ZZ §1, 2003; TC-1260,MM §6, 96; TC-1260,R §1, 89; TC-1260 §32, 84) (State Law: 8-1557)

See: 12.04.002

Effective on: 1/1/1901

12.04.036 Charging Speed Violations.

In every charge of violation of any speed regulation in this Article, except violation of 12.04.033(a), the complaint, also the summons or notice to appear, shall specify the speed at which the defendant is alleged to have driven, also the speed limit applicable within the district or at the location.

(History: Ord. TC-3444 §3, 2023; ​​​​​​​Ord. TC-1260,FFFF §15, 2022; Ord. TC-1260,KKK §3, 2007; Ord. TC-1260 §35, 84) (State Law: K.S.A. 8-1564)

Effective on: 1/1/1901

12.04.037 Racing on Highways; "Drag Race" and "Racing" Defined.

  1. a.
    No person shall drive any vehicle in any race, speed competition or contest, drag race or acceleration contest, test of physical endurance, exhibition of speed or acceleration, or for the purpose of making a speed record, and no person shall in any manner participate in any such race, competition, contest, test or exhibition.
  2. b.
    "Drag race" is defined as the operation of two or more vehicles from a point side by side at accelerating speeds in a competitive attempt to out-distance each other, or the operation of one or more vehicles over a common selected course from the same point to the same point, for the purpose of comparing the relative speeds or power of acceleration of such vehicle or vehicles within a certain distance or time limit.
  3. c.
    "Racing" is defined as the use of one or more vehicles in an attempt to out-gain, out-distance or prevent another vehicle from passing to arrive at a given destination ahead of another vehicle or vehicles, or to test the physical stamina or endurance of drivers over long distance driving routes.
  4. d.
    Exhibition of speed or acceleration is defined as the operation of a motor vehicle in such a manner that causes an unnecessary rapid acceleration of the vehicle as evidenced by any or all of the following physical manifestations of acceleration:
    1. 1.
      Unnecessary tire squeal at the time of acceleration;
    2. 2.
      Observation of smoke from tires of the vehicle at the time of acceleration;
    3. 3.
      Observation of the tires of the vehicle losing traction with the road surface;
    4. 4.
      Observation of the front part of the vehicle being elevated at the time of acceleration;
    5. 5.
      Observation of the vehicle moving laterally at the time of acceleration;
    6. 6.
      Loud engine noise at the time of acceleration;
    7. 7.
      Observation of dirt and other road surface materials being thrown by the tires of the vehicle at the time of acceleration.

(History: Ord. TC-1260,FFFF §16, 2022; Ord. TC-1260,M §1, 89; Ord. TC-1260 §36, 84) (State Law: K.S.A. 8-1565)

See: 12.04.002

Effective on: 1/1/1901