Title 12 - Traffic

12.04.001 Definitions.

Section 1.1 of that certain code known as the Standard Traffic Ordinance, 53rd Edition, prepared and published in book form by the League of Kansas Municipalities, Topeka, Kansas, is hereby incorporated by reference, and such definitions therein shall apply when the words and phrases defined are used in Title 12 of this code, except when a chapter or section provides a different definition or a particular context clearly requires a different meaning.

In addition, the following definitions shall apply when the words and phrases defined are used in Title 12 of this Code and within the Standard Traffic Ordinance;

Alcoholic Liquor. Alcohol, spirits, wine, beer, alcoholic candy, and every liquid or solid, patented or not, containing alcohol, spirits, wine, or beer and capable of being consumed as a beverage by a human being, but shall not include cereal malt beverage. (See K.S.A. 41-102(c))

Cancellation of a Driver's License. The annulment or termination by formal action of the division of a person's driver's license because of some error or defect in the license or because the licensee is not entitled to such license, but the cancellation of a license is without prejudice, except for a cancellation because of a violation of Section 12.04.196 or K.S.A. 8-260, and amendments thereto, and application for a new license may be made at any time after such cancellation. (See K.S.A. 8-1408)

Cereal Malt Beverage. Any fermented but undistilled liquor brewed or made from malt or from a mixture of malt or malt substitute or any flavored malt beverage, as defined in K.S.A.

41-2729, and amendments thereto, but not including any such liquor which is more than 3.2% alcohol by weight. (See K.S.A. 41-2701(a))

City Traffic Engineer. The Chief Traffic Engineer for the City or any member of the City Traffic Department designated by the Chief Traffic Engineer to act in their place.

Department. Department of Transportation. (See K.S.A. 8-1409(c))

Intoxicating Liquor. Any alcoholic liquor or cereal malt beverage as defined herein.

Legal age for consumption of cereal malt beverage. 21 years of age, except that "legal age for consumption of cereal malt beverage" shall mean 18 years of age if at any time the provisions of P.L. 98-363 penalizing states for permitting persons under 21 years of age to consume cereal malt beverages are repealed or otherwise invalidated or nullified. (See K.S.A. 8-2701(h))

Litter. Rubbish, refuse, waste material, garbage, trash or debris of whatever kind or description and includes improperly discarded paper, metal, plastic or glass. (See K.S.A.

8-15,102(b))

Nonhighway Tire. Any pneumatic tire six inches or more in width, designed for use on wheels with rim diameter of 14 inches or less.

Parkway. The parkway of a street shall be defined as the area extending a maximum of 15 feet back from the edge of the street or curbline, excluding the area improved and used as a parking lot or driveway

Passenger Vehicle. Every motor vehicle that is designed to primarily carry 10 or fewer passengers, and that is not used as a truck. (See K.S.A. 8-126(ee))

Queue Jump Lane. A right turn or additional travel lane on the approach to a signalized intersection which is designed to allow higher-capacity vehicles to cut to the front of the queue, reducing the delay caused by the signal

Residential District. Any place or area where the property is zoned for residential occupancy including single family, two family, and multifamily dwellings and territory contiguous thereto for 300 feet in any direction.

(History: Ord. TC-3528, §2, 2026; Ord. TC-3506 §2, 2026)

12.04.002 Provisions of Chapter Refer to Vehicles Upon the Streets and Highways; Exceptions.

The provisions of this Chapter relating to the operation of vehicles refer exclusively to the operation of vehicles upon streets, highways, public property, and any location specifically designated in a particular Section contained in this Chapter except the provisions of Sections 12.04.025, 12.04.026, 12.04.033(a), 12.04.037, 12.04.085(a)(12), 12.04.085(e) 12.04.105, 12.04.107, 12.04.138,  and Standard Traffic Ordinance, 53rd Edition, prepared and published in book form by the League of Kansas Municipalities, Topeka, Kansas, Sections 23, 28, 29, 30, 30.1, 31, 60, 66, 80, 87, 106, 111, 117, 118, 125, 192, 194, and 199 shall also apply on privately-owned property and elsewhere throughout the City or as otherwise stated in the Standard Traffic Ordinance.

(History: Ord. TC- 3528, §3, 2026; Ord. TC-3506 §3, 2026; TC-3444 §1, 2023; Ord. TC-1260,FFFF §2, 2022; Ord. TC-1260, BBBB §1, 2019; Ord. TC-1260,ZZZ §1, 2017; TC-1260,WWW §2, 2015; TTC-1260,TTT §2, 2012; TC-1260,III §1, 2007; TC-1260,XX §1, 2002; TC-1260 §2, 84)

Effective on: 1/1/1901

12.04.013 Traffic-Control Signal Legend.

Whenever traffic is controlled by traffic-control signals exhibiting different colored lights, or colored lighted arrows, successively one at a time or in combination, only the colors green, red and yellow shall be used, except for special pedestrian signals carrying a word, numeric or symbolic legend, and said lights shall indicate and apply to drivers of vehicles and pedestrians as follows:

1. a.
   Green Indication.

   1. 1.
      Vehicular traffic facing a circular green signal may proceed straight through or turn right or left, unless a sign at such place prohibits either such turn; but vehicular traffic, including vehicles turning right or left, shall yield the right-of-way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time such signal is exhibited.
   2. 2.
      Vehicular traffic facing a green arrow signal, shown alone or in combination with another indication, may enter the intersection cautiously only to make the movement indicated by such arrow, or such other movement as is permitted by other indications shown at the same time. Such vehicular traffic shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection.
   3. 3.
      Unless otherwise provided by a pedestrian-control signal, as provided in Section 12.04.014, pedestrians facing any green signal, except when the sole green signal is a turn arrow, may proceed across the roadway within any marked or unmarked crosswalk.
2. b.
   Steady Yellow Indication.

   1. 1.
      Vehicular traffic facing a steady circular yellow or yellow arrow signal is thereby warned that the related green movement is being terminated or that a red indication will be exhibited immediately thereafter when vehicular traffic shall not enter the intersection.
   2. 2.
      Pedestrians facing a steady circular yellow or yellow arrow signal, unless otherwise directed by a pedestrian-control signal as provided in Section 12.04.014, are thereby advised that there is insufficient time to cross the roadway before a red indication is shown and no pedestrian shall then start to cross the roadway.
3. c.
   Flashing Yellow Arrow Indication.

   1. 1.
      Vehicular traffic facing a flashing yellow arrow signal is thereby warned that opposing traffic has the right-of-way and that left turns may be made past such signal only with caution.
4. d.
   Steady Red Indication.

   1. 1.
      Vehicular traffic facing a steady circular red or red arrow signal alone shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection or if none, then before entering the intersection, and shall remain standing until an indication to proceed is shown, except as provided in paragraphs (2), (3) and (4) of this subsection. Any turn provided for in said paragraphs (2), (3) and (4) shall be governed by the applicable provisions of Section 12.04.049.
   2. 2.
      Unless a sign is in place prohibiting a turn, vehicular traffic facing a steady circular red or red arrow signal may cautiously enter the intersection to make a right turn after stopping as required by paragraph (1) of this subsection. After stopping, the driver shall yield the right-of-way to any vehicle in the intersection or approaching on another roadway so closely as to constitute an immediate hazard during the time such driver is moving across or within the intersection or junction of two roadways. Such vehicular traffic shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic  lawfully using the intersection.
   3. 3.
      Unless a sign is in place prohibiting a turn, vehicular traffic upon a roadway restricted to one-way traffic facing a steady red signal at the intersection of such roadway with another roadway restricted to one-way traffic which is proceeding to the left of such vehicular traffic, may cautiously enter the intersection to make a left turn after stopping as required by paragraph (1) of this subsection. After stopping, the driver shall yield the right-of-way to any vehicle in the intersection or approaching on another roadway so closely as to constitute an immediate hazard during the time such driver is moving across or within the intersection or junction of roadways. Such vehicular traffic shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection.
   4. 4.
      The driver of a motorcycle or a person riding a bicycle facing any steady red signal, which fails to change to a green light within a reasonable period of time because of a signal malfunction or because the signal has failed to detect the arrival of the motorcycle or bicycle because of its size or weight, shall have the right to proceed subject to the rules stated herein. After stopping, the driver or rider shall yield the right-of-way to any vehicle in or near the intersection or approaching on a roadway so closely as to constitute an immediate hazard during the time such driver or rider is moving across or within the intersection or junction of  roadways. Such motorcycle or bicycle traffic shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection.
   5. 5.
      Unless otherwise directed by a pedestrian-control signal as provided in Section 12.04.014, pedestrians facing a steady circular red or red arrow signal alone shall not enter the  roadway.
5. e.
   Steady White Horizontal Bar. Transit buses utilizing a queue jump lane and facing a steady white horizontal bar indication shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection or if none, then before entering the intersection, and shall remain standing until an indication to proceed is shown.
6. f.
   Steady White Vertical Bar. Transit buses utilizing a queue jump lane and facing a steady white vertical bar indication may proceed forward past such signal and move into the adjacent through lane only with caution.
7. g.
   In the event an official traffic-control signal is erected and maintained at a place other than an intersection, the provisions of this Section shall be applicable except as to those provisions which by their nature can have no application. Any stop required shall be made at a sign or marking on the pavement indicating where the stop shall be made, but in the absence of any such sign or marking the stop shall be made at the signal.

(History: Ord. TC-1260,SSS §2, 2012; TC-1260,RRR §1, 2011; TC-1260,KK §1, 95; TC-1260JJ §2, 94; TC-1260 §13, 84) (State Law: K.S.A. 8-1508)

Effective on: 1/1/1901

12.04.019 Designation of Crosswalks and Safety Zones.

The City Traffic Engineer may designate and maintain by appropriate devices, marks or lines on the surface of the roadway, crosswalks at intersections where in the City Traffic Engineer's opinion there is particular danger to pedestrians crossing the roadway and at such other places as may be deemed necessary. The City Traffic Engineer may also establish and mark safety zones of such kind and character and at such places as may be deemed necessary for the protection of pedestrians.

(History: Ord. TC-1260,FFFF §6, 2022; Ord. TC-1260,C §1,86; TC-1260 §19, 84) (State Law: K.S.A. 8-2001 and K.S.A. 8-2006)

See: 12.04.070

Effective on: 1/1/1901

12.04.021 Traffic Lanes.

The City Traffic Engineer is hereby authorized to mark traffic lanes upon the roadway of any street or highway where a regular alignment of traffic is deemed necessary.

(History: Ord. TC-1260 § 21, 84)

Effective on: 1/1/1901

12.04.025 Duty of Driver to Give Certain Information after Accident; Failure to Provide Proof of Liability Insurance or Financial Security; Duty to Render Aid; Proof of Liability Insurance or Financial Security by Electronic Means, Restrictions.

1. a.
   1. 1.
      The driver of any vehicle involved in an accident resulting in injury to or death of any person, or damage to any attended vehicle or property, shall give such driver’s name, address, and the registration number of the vehicle such driver is driving and upon request shall exhibit such driver’s license or permit to drive, the name of the company with which there is in effect a policy of motor vehicle liability insurance covering the vehicle involved in the accident and the policy number of such policy to any person injured in such accident or to the driver or occupant of or person attending any vehicle or other property damaged in such accident, and shall give such information and upon request exhibit such license or permit and the name of the insurer and policy number to any police officer at the scene of the accident or who is investigating the accident.
   2. 2.
      Such driver, insofar as possible, shall immediately make efforts to determine whether any person involved in such accident was injured or killed, and shall render to any person injured in such accident reasonable assistance, including the carrying, or the making of arrangements for the carrying of such person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that such treatment is necessary, or if such carrying is requested by the injured person.
2. b.
   If no police officer is present, the driver of any vehicle involved in such accident, or any occupant of such vehicle 18 years of age or older, shall immediately report such accident, by the quickest available means of communication, to the nearest office of a duly authorized police authority if:

   1. 1.
      There is apparently property damage of $1,000.00 or more;
   2. 2.
      Any person involved in the accident is injured or killed; or
   3. 3.
      The persons specified in subsection (a) are not present or in condition to receive such information.
3. c.
   Unless the insurance company subsequently submits an insurance verification form indicating that insurance was not in force, no person charged with failing to provide the name of such person’s insurance company and policy number as required in subsection (a), shall be convicted if such person produces in court, within 10 days of the date of arrest or of issuance of the citation, evidence of financial security for the motor vehicle operated, which was valid at the time of arrest or of issuance of the citation. For the purpose of this subsection, evidence of financial security shall be provided by a policy of motor vehicle liability insurance, an identification card or certificate of insurance issued to the policyholder by the insurer which provides the name of the insurer, the policy number, make and year of the vehicle and the effective and expiration dates of the policy, or a certificate of self-insurance signed by the Commissioner of Insurance. Such evidence also may be produced by displaying on a cellular phone or other type of portable electronic device evidence of financial security required by this subsection. Any person to whom such evidence of financial security is displayed shall view only such evidence of financial security. Such person shall be prohibited from viewing any other content or information stored on such cellular phone or other portable electronic devices. Upon the production in court of evidence of financial security, the court shall record the information displayed thereon on the insurance verification form prescribed by the Secretary of Revenue, immediately forward such form to the Department of Revenue, and stay any further proceedings on the matter pending a request from the prosecuting attorney that the matter be set for trial. Upon receipt of such form the Department shall mail the form to the named insurance company for verification that insurance was in force on the date indicated on the form. It shall be the duty of insurance companies to notify the Department within 30 calendar days of the receipt of such forms of any insurance that was not in force on the date specified. Upon return of any form to the Department indicating that insurance was not in force on such date, the Department shall immediately forward a copy of such form to the office of the prosecuting attorney. Receipt of any completed form indicating that insurance was not in effect on the date specified shall be prima facie evidence of failure to provide proof of financial security and a violation of this Section. A request that the matter be set for trial shall be made immediately following the receipt by the prosecuting attorney of a copy of the form from the Department of Revenue indicating that insurance was not in force. Any charge hereunder shall be dismissed if no request for a trial setting has been made within 60 days of the date evidence of financial security was produced in court.
4. d.
   If the owner of any vehicle that has been involved in a reportable accident while the vehicle was being driven or was under the physical control of any person other than the owner has reason to believe the accident has not already been reported to the Police Department, the owner shall report the accident to police forthwith upon discovery or knowledge of such accident. Notwithstanding this conditional duty to report the accident, the owner shall cooperate with any police investigation and disclose to the Police Department all known information about the driver of the vehicle at the time of the accident, or any other relevant information.

(History: Ord. TC-1260,FFFF §8, 2022; Ord. TC-1260,RRR §3, 2011; TC-1260 §24, 84) (State Law: K.S.A. 8-1604 and K.S.A. 8-254)

See: 12.04.002

Effective on: 1/1/1901

12.04.026 Duty Upon Striking Unattended Vehicle or Other Property.

1. a.
   The driver of any vehicle which collides with or is involved in an accident with any vehicle or other property which is unattended, resulting in any damage to such other vehicle or property, shall immediately stop and shall then and there either locate and notify the operator or owner of such vehicle or other property of such driver’s name, address and the registration number of the vehicle such person was driving, or shall attach securely in a conspicuous place in or on such vehicle or other property a written notice giving such driver’s name, address and the registration number of the vehicle such person was driving, and without unnecessary delay shall notify the Police Department.
2. b.
   If possible, the driver shall comply with the provisions of Section 12.04.113(b), and amendments thereto.
3. c.
   If the owner of any vehicle that has been involved in a reportable accident while the vehicle was being driven or was under the physical control of any person other than the owner has reason to believe the accident has not already been reported to the Police Department, the owner shall report the accident to police forthwith upon discovery or knowledge of such accident. Notwithstanding this conditional duty to report the accident, the owner shall cooperate with any police investigation and disclose to the Police Department all known information about the driver of the vehicle at the time of the accident, or any other relevant information.

(History: Ord. TC-1260,RRR §4, 2011; TC-1260,PPP §3, 2009; TC-1260 §25, 84) (State Law: K.S.A. 8-1604 and K.S.A. 8-254)

See: 12.04.002

Effective on: 1/1/1901

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

12.04.041 When Passing on the Right is Permitted.

1. a.
   The driver of a vehicle may overtake and pass upon the right of another vehicle only under the following conditions:

1. 1.
   When the vehicle overtaken is making or about to make a left turn;
2. 2.
   Upon a roadway with unobstructed pavement of sufficient width for two or more lines of vehicles moving lawfully in the direction being traveled by the overtaking vehicle.
3. 3.
   A transit bus authorized under and being operated in accordance with the provisions of K.S.A. 75-5091, and amendments thereto, or when done from a queue jump lane that is controlled by special signal indications designed for the control of exclusive bus movements and when the adjacent lane of traffic is being controlled by a red indication.

2. b.
    

 The driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movement in safety. Such movement shall not be made by driving off the roadway, except as authorized under K.S.A. 75-5091, and amendments thereto. 

(History: Ord. TC-1260,FFFF §17, 2022; Ord. TC-1260,SSS §4, 2012; TC-1260 §40, 84) (State Law: K.S.A. 8-1517)

Effective on: 1/1/1901

12.04.046 Driving on Roadways Laned for Traffic.

Whenever any roadway has been divided into two or more clearly marked lanes for traffic the following rules in addition to all others consistent herewith shall apply:

1. a.
   A vehicle shall be driven within a single lane and shall not be moved from such lane until the driver has first signaled the movement, either by activating the appropriate turn signal or by hand signals.
2. b.
   Upon a roadway which is divided into three lanes and provides for two-way movement of traffic, a vehicle shall not be driven in the center lane except when overtaking and passing another vehicle traveling in the same direction when such center lane is clear of traffic within a safe distance, or in preparation for making a left turn or where such center lane is at the time allocated exclusively to traffic moving in the same direction that the vehicle is proceeding and such allocation is designated by official traffic-control devices.
3. c.
   Official traffic-control devices may be erected directing specified traffic to use a designated lane or designating those lanes to be used by traffic moving in a particular direction regardless of the center of the roadway and drivers of vehicles shall obey the directions of every such device.
4. d.
   Official traffic-control devices may be installed prohibiting the changing of lanes on sections of roadway and drivers of vehicles shall obey the direction of every such device.

(History: Ord. TC-1260BB §1, 92; TC-1260 §45, 84) (State Law: K.S.A. 8-1522)

See: 12.04.038

12.04.050 Right, Left and U-turns at Intersections: Obedience to.

1. a.
   The City Traffic Engineer is hereby authorized to determine those intersections at which drivers of vehicles shall not make a right, left or U-turn, and shall place or cause to be placed proper fixed, electronic or temporary signs at such intersections. The making of such turns may be prohibited between certain hours of any day and permitted at other hours, in which event the same shall be plainly indicated on the signs or the signs may be removed when such turns are permitted.
2. b.
   Whenever authorized fixed, electronic or temporary signs are erected or temporarily displayed indicating that no right, left or U-turn is permitted, no driver of a vehicle shall disobey the directions of any such sign.

(History: Ord. TC-1260,RRR §12, 2011; TC-1260 §49, 84) (State Law: K.S.A. 8-1545)

Effective on: 1/1/1901

12.04.069 Standing Upon a Street or Highway.

No person shall stand upon or along a street or highway except in a designated crosswalk, in the event of an emergency, or as otherwise authorized by the Municipal Code. 

(History: Ord. TC-1260,FFFF §24, 2022; Ord. TC-1260 §68, 84) (State Law: K.S.A.8-1538)

Effective on: 1/1/1901

12.04.076 Obedience to Signal Indicating Approach of Train.

1. a.
   Whenever any person driving a vehicle approaches a railroad grade crossing under any of the circumstances stated in this section, the driver of such vehicle shall stop within 50 feet but not less than 15 feet from the nearest rail of such railroad, and shall not proceed until such driver can do so safely. The foregoing requirements shall apply when:

   1. 1.
      a clearly visible electric or mechanical signal device gives warning of the immediate approach of a railroad train or other on-track equipment;
   2. 2.
      a crossing gate is lowered or when a human flagman gives or continues to give a signal of the approach or passage of a railroad train or other on-track equipment;
   3. 3.
      a railroad train or other on-track equipment approaching within approximately 1,500 feet of the highway crossing emits a signal audible from such distance and such railroad train or other on-track equipment, by reason of its speed or nearness to such crossing, is an immediate hazard; or
   4. 4.
      an approaching railroad train or other on-track equipment is plainly visible and is in hazardous proximity to such crossing.
2. b.
   No person shall drive any vehicle through, around or under any crossing gate or barrier at a railroad crossing while such gate or barrier is closed or is being opened or closed.

(History: Ord. TC-1260, CCCC §3, 2019; Ord. TC-1260 §75, 84) (State Law: K.S.A. 8-1551)

Effective on: 1/1/1901

12.04.081 Overtaking and Passing School Bus.

1. a.
   The driver of a vehicle meeting or overtaking from either direction any school bus stopped on the highway shall stop before reaching such school bus when there is in operation on the school bus the flashing red lights specified in 12.04.170(a), and the driver shall not proceed until such school bus resumes motion or the flashing red lights and the stop signal arm are no longer actuated. If any vehicle is witnessed by a police officer or the driver of a school bus to have violated the provisions of this section and the identity of the operator is not otherwise apparent, it shall be a rebuttable presumption that the person in whose name such vehicle is registered has committed the violation, provided, that charges shall not be brought against the registered owner until a police officer has contacted the registered owner by telephone or in person concerning the violation. Provided further, where the vehicle is owned by multiple persons, only one of the owners may be convicted of the violation; provided further, this presumption shall not apply to the owners of rental vehicles.
2. b.
   Every school bus shall be equipped with red visual signals meeting the requirements of 12.04.170(a), which may be actuated by the driver of the school bus whenever but only whenever such vehicle is stopped on the highway for the purpose of receiving or discharging school children. A school bus driver shall not actuate the special visual signals:

   1. 1.
      At intersections or other places where traffic is controlled by traffic-control signals or police officers; or
   2. 2.
      In designated school bus loading areas where the bus is entirely off the roadway.
3. c.
   Every school bus shall bear upon the front and rear thereof plainly visible signs containing the words "school bus" in letters not less than eight inches in height.
   When a school bus is being operated upon a highway for purposes other than the actual transportation of children either to or from school or to or from interschool or intraschool functions or activities, or for maintenance, repair or storage purposes, all markings thereon indicating "school bus" shall be covered or concealed.
4. d.
   The driver of a vehicle upon a highway with separate roadways need not stop upon meeting or passing a school bus which is on a different roadway or when upon a controlled-access highway and the school bus is stopped in a loading zone which is a part of or adjacent to such highway, and where pedestrians are not permitted to cross the roadway.
5. e.
    

   1. 1.
      On a first conviction, any person violating this section shall be punished by a fine of $315.00.
   2. 2.
      For a second violation of this Section, K.S.A. 8-1556 and/or its municipal ordinance equivalents, and amendments thereto, within five years after a prior conviction of this Section, K.S.A. 8-1556 and/or its municipal equivalents and amendments thereto, such person, upon conviction, shall be fined $750.00 for the second violation.
   3. 3.
      For a third and each succeeding violation of this Section, K.S.A. 8-1556 and/or its municipal ordinance equivalents, and amendments thereto, within five years after two prior convictions of this Section, K.S.A. 8-1556 and/or its municipal equivalents, and amendments thereto, such person, upon conviction, shall be fined $1,000.00 for the third and each succeeding violations.
6. f.
   The provisions of this section shall be subject to the provisions contained in K.S.A. 8-2009a, and amendments thereto.

(History: Ord. TC-1260,FFFF §26, 2022; Ord. TC-1260, AAAA §6, 2018; TC-1260,WW §4, 2002; TC-1260,NN §1, 97; TC-1260,Y §1, 91; TC-1260 §80, 84) (State Law: K.S.A. 8-1556)

Effective on: 1/1/1901

12.04.082.1 Compliance with Lawful Order or Direction of Uniformed School Crossing Guards.

No person shall willfully fail or refuse to comply with any lawful order or direction of any uniformed school crossing guard invested by law with authority to direct, control or regulate traffic.

(History: Ord. TC-1260,FFF §7, 2006) (State Law: 8-15,103)

Effective on: 1/1/1901

12.04.085 Stopping, Standing or Parking Prohibited in Specified Places.

Except when necessary to avoid conflict with other traffic, in compliance with law or the directions of a police officer or official traffic-control device, no person shall:

1. a.
   Stop, stand or park a vehicle:

   1. 1.
      On the roadway side of any vehicle stopped or parked at the edge or curb of a street;
   2. 2.
      On a sidewalk;
   3. 3.
      Within an intersection;
   4. 4.
      On a crosswalk;
   5. 5.
      Between a safety zone and the adjacent curb or within 30 feet of points on the curb immediately opposite the ends of a safety zone, unless a different length is indicated by signs or markings;
   6. 6.
      Alongside or opposite any street excavation or obstruction when stopping, standing or parking would obstruct traffic;
   7. 7.
      Upon any bridge or other elevated structure upon a highway or within a highway tunnel;
   8. 8.
      On any railroad tracks;
   9. 9.
      On any controlled-access highway;
   10. 10.
       In the area between roadways of a divided highway, including crossovers;
   11. 11.
       At any place where official signs prohibit stopping; or
   12. 12.
       On the parkway of any street.
2. b.
   Stand or park a vehicle, whether occupied or not, except momentarily to pick up or discharge a passenger or passengers: 

   1. 1.
      In front of a public or private driveway;
   2. 2.
      Within 15 feet of a fire hydrant;
   3. 3.
      Within 20 feet of a crosswalk at an intersection;
   4. 4.
      Within 30 feet upon the approach to any flashing signal, stop sign, yield sign or traffic-control signal located at the side of a roadway;
   5. 5.
      Within 20 feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within 75 feet of said entrance, when properly sign posted; or 
   6. 6.
      At any place when official signs prohibit standing.
3. c.
   Park a vehicle, whether occupied or not, except temporarily for the purpose of and while actually engaged in loading or unloading property or passengers: 

   1. 1.
      Within 50 feet of the nearest rail of a railroad crossing; or
   2. 2.
      At any place where official signs prohibit parking.
   3. 3.
      Park a vehicle within 5 feet of a street side mailbox between 8:00 a.m. and 5:00 p.m., except holidays.  
4. d.
   Move a vehicle not lawfully under the person's control into any such prohibited area or away from a curb such a distance as is unlawful.
5. e.
   Stand or park a vehicle in areas designated as fire lanes upon public or private property.

(History: Ord. TC-1260,FFFF §28, 2022; Ord. TC-1260, EEEE §1, 2019; Ord. TC-1260,DDDD §1, 2019; Ord. TC-1260 §84, 84) (State Law: K.S.A.8-1571)

See: 12.04.002

12.04.088 Parking for Certain Purposes Prohibited.

1. A.
   No person shall park a vehicle to include, but not be limited to, motor vehicles, motor homes, trucks, trailers, boats, and recreational vehicles upon the property of another for the primary purpose of selling or offering the vehicle for sale unless such vehicle displays current registration and such person first obtains the written consent of the owner of such property and displays such consent in a manner so as to be clearly visible from outside the vehicle.

   1. 1.
      A vehicle shall be deemed offered for sale pursuant to this Section if it bears any sign, writing or other form of communication or advertising that indicates the vehicle is for sale.
   2. 2.
      To be valid, written consent under this Section shall be signed by the owner of the property upon which the vehicle is to be displayed for sale and shall include a telephone number where said owner can be reached to verify consent. The written consent shall also describe the date and duration of the consent, the make and model of the vehicle, as well as the location of the property upon which the vehicle will be displayed for sale.
   3. 3.
      No property owner shall give written consent under this Section unless the property upon which the vehicle will be parked for sale is zoned for that type of use.
2. B.
   No person shall park a vehicle to include, but not be limited to, motor vehicles, motor homes, trucks, trailers, boats, and recreational vehicles upon any roadway or private or public parking lot with the exception of private residential driveways or commercial vehicle dealerships if not in conflict with any other section of this code, for the principal purpose of greasing or repairing such vehicle except repairs necessitated by an emergency.
3. C.
   The Governing Body finds that in order to protect the interest of private property owners from unwanted vehicles being parked on their property and to promote aesthetics by preserving the proper zoned use of property, it is necessary to regulate the manner in which vehicles are parked for sale on the property of another.

(History: Ord. TC-1260,KKK §3, 2007; TC-1260,TT §1, 2000; TC-1260,E §1, 87; TC-1260 §88, 84)

Effective on: 1/1/1901

12.04.089 Parking Where Stalls.

Where parking stalls or spaces are marked or designated on the pavement or curb, vehicles shall be parked or stopped within such stalls or spaces in the direction of the flow of traffic or at the angle indicated by the markings; provided in the Overland Park Downtown Business District, as defined by OPMC Section 2.14.010, where signs are posted prohibiting such parking, no person shall back a vehicle into a parking stall.

(History: Ord. TC-1260,AA §1, 91;TC-1260 §89, 84)

Effective on: 1/1/1901

12.04.091 Parking on Narrow Streets; Signs.

When signs prohibiting parking are erected on narrow streets, no person shall park or stand a vehicle in any such designated place. The City Traffic Engineer is authorized to erect signs indicating "no parking" upon both sides of any street when the width of the roadway does not exceed 20 feet, or upon one side of a street when the width of the roadway does not exceed 30 feet.

(History: Ord. TC-1260,C §1, 86; TC-1260 §91, 84)

Effective on: 1/1/1901

12.04.094 Parking Adjacent to Schools; Signs.

When official signs or markings are placed indicating no parking upon any street adjacent to any school property, no person shall park a vehicle in any such designated place. The City Traffic Engineer is hereby authorized to erect signs indicating "no parking" upon either or both sides of any street adjacent to any school property when such parking would unreasonably interfere with traffic or create a hazard to traffic in such places.

(History: Ord. TC-1260,C §1, 86; TC-1260 §95, 84)

Effective on: 1/1/1901

12.04.095 Stopping or Parking in Hazardous or Congested Places; Signs.

When signs are erected upon approach to hazardous or congested places, no person shall stop, stand or park a vehicle in any such designated place. The City Traffic Engineer is authorized to determine and designate by proper signs those places where the stopping or parking of vehicles would create an especially hazardous condition or would cause unusual delay to traffic.

(History: Ord. TC-1260 §96, 84)

Effective on: 1/1/1901

12.04.103 Inattentive Driving.

No person shall operate a vehicle in an inattentive manner. Inattentive operation of a vehicle is defined as operation of a vehicle without due regard for the road, weather and traffic conditions and other attendant circumstances then existing.

(History: TC-1260,EEE §1, 2006)

Effective on: 1/1/1901

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

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)) 

12.04.136 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

12.04.138 Riding on Motorcycles.

1. a.
   A person operating a motorcycle shall ride only upon the permanent and regular seat attached thereto, and such operator shall not carry any other person nor shall any other person ride on a motorcycle unless such motorcycle is designed to carry more than one person, in which event a passenger may ride upon the permanent and regular seat if designed for two persons, or upon another seat firmly attached to the motorcycle at the rear or side of the operator.
2. b.
   A person shall ride upon a motorcycle only while sitting astride the seat, facing forward, with one leg on each side of the motorcycle.  This subsection shall not apply to any person riding within an autocycle.
3. c.
   No person shall operate a motorcycle while carrying any package, bundle or other ordinance which prevents him from keeping both hands on the handlebars.
4. d.
   No operator shall carry any person, nor shall any person ride, in a position that will interfere with the operation or control of the motorcycle or the view of the operator.
5. e.
   It shall be unlawful for any person to operate a motorcycle, motor-driven cycle, motor vehicle, or motorized bicycle upon any public or private park property or upon any public or private property without the express consent of the owner or person in charge thereof and except upon and within any dedicated road right-of-way.

(History: Ord. TC-1260,WWW §5, 2015; TC-1260 §138, 84) (State Law: K.S.A. 8-1594)

See: 12.04.002

Effective on: 1/1/1901

12.04.156 Lamps or Flags on Projecting Loads.

1. a.
   Whenever the load upon any vehicle extends to the rear 4 feet or more beyond the bed or body of such vehicle, there shall be displayed at the extreme rear end of the load, at the times specified in 12.04.144, two red lamps visible from a distance of at least 500 feet to the rear, two red reflectors visible at night from all distances within 600 feet to 100 feet to the rear when directly in front of lawful lower beams of head lamps and located so as to indicate maximum width, and on each side one red lamp visible from a distance of at least 500 feet to the side and located so as to indicate maximum overhang. There shall be displayed at all other times on any vehicle having a load which extends beyond its sides or more than 4 feet beyond its rear, red flags, not less than 12 inches square, marking the extremities of such load, at each point where a lamp would otherwise be required by this Section. 
2. b.
   No passenger-type vehicle shall be operated on any highway with any load carried thereon extending beyond the line of the fenders of the left side of such vehicle nor extending more than 6 inches beyond the line of the fenders on the right side thereof.

(History: Ord. TC-1250,FFFF §48, 2022; Ord. TC-1260 §156, 84) (State Law: K.S.A. 8-1715; K.S.A. 8-1903)

Effective on: 1/1/1901

12.04.174.1 Flares or Warning Devices; Vehicles Subject to Requirements; Use, When Required; Unlawful Acts; Compliance with Federal Requirements.

1. a.
   No person shall operate any truck, bus or truck-tractor, or any motor vehicle towing a trailer, semi-trailer or pole trailer 80 inches or more in width or 30 feet or more in length, upon any highway outside an urban district or upon any divided highway at any time from a half hour after sunset to a half hour before sunrise unless there shall be carried in such vehicles the following equipment, except as provided in subsection (b):

   1. 1.
      At least three flares or three red electric lanterns or three portable red emergency reflectors, each of which shall be capable of being seen and distinguished at a distance of not less than 600 feet under normal atmospheric conditions at nighttime.
      No flare, fusee, electric lantern or warning flag shall be used for the purpose of compliance with the requirements of this section, unless such equipment is of a type which has been submitted to the secretary of transportation and approved by the secretary. No portable reflector unit shall be used for the purpose of compliance with the requirements of this section, unless it is so designed and constructed as to be capable of reflecting red light clearly visible from all distances within 600 feet to 100 feet under normal atmospheric conditions at night when directly in front of lawful lower beams of head lamps, and unless it is of a type which has been submitted to and approved by the secretary of transportation.
   2. 2.
      At least three red-burning fusees, unless red electric lanterns or red portable emergency reflectors are carried.
2. b.
   No person shall operate at the time and under conditions stated in subsection (a) any motor vehicle used for the transportation of explosives or any cargo tank truck used for the transportation of flammable liquids or compressed gasses, unless there shall be carried in such vehicle three red electric lanterns or three portable red emergency reflectors meeting the requirements of subsection (a), and there shall not be carried in any such vehicle, or in any vehicle using compressed gas as a fuel, any flares, fusees or signal produced by flame.
3. c.
   No person shall operate any vehicle described in subsection (a) or (b) upon any highway outside of an urban district or upon a divided highway at any time when lighted lamps are not required by 12.04.144, unless there shall be carried in such vehicle at least two red flags, not less than 12 inches square, with standards to support such flags.
4. d.
   Any person who is subject to requirements of any federal agency with respect to flares, fusees, electric lanterns or warning flags and who is in compliance with such federal regulations shall be deemed to be in compliance with the provisions of this section and 12.04.174.2.

(History: Ord. TC-1260 §176, 84) (State Law: K.S.A.8-1744)

Effective on: 1/1/1901

12.04.178.2 Safety Glazing Material Required.

1. a.
   No person shall sell any new motor vehicle as specified in this section, nor shall any such new motor vehicle be registered, unless such vehicle is equipped with safety glazing material when glazing materials are used in doors, windows and windshields. This subsection (a) shall apply to all passenger-type motor vehicles, including passenger buses and school buses. This subsection (a) shall not apply to glazing material in compartments of trucks and truck tractors not designed and equipped for persons to ride therein.
2. b.
   No person shall sell or affix to a motor vehicle any truck-camper manufactured or assembled after July 1, 1968, unless such truck-camper is equipped with safety glazing material where glazing material is used in doors and windows.
3. c.
   No person shall replace any glass or glazing materials used in partitions, doors, windows or windshields in any motor vehicle with any material other than safety glazing material.
4. d.
   This section is subject to K.S.A. 8-2009a.
5. e.
   As used in this section, "safety glazing material" means glazing material which conforms to the American National Standard "Safety Code for Safety Glazing Materials for Glazing Motor Vehicles Operating on Land Highways," Z26.1-1966, July 15, 1966, as supplemented by Z26.1a-1969, March 7, 1969.

(History: Ord. TC-1270,FFFF §57, 2022; Ord. TC-1260 §186, 84) (State Law: K.S.A. 8-1743)

Effective on: 1/1/1901

12.04.179.1 Vehicles Transporting Hazardous Materials.

1. a.
   Any person operating a vehicle transporting any hazardous material as a cargo or part of a cargo upon a highway shall at all times comply with rules and regulations of the secretary of transportation adopted pursuant to K.S.A. 8-1746.
2. b.
   Every such vehicle shall be marked or placarded at such places as prescribed by such rules and regulations.
3. c.
   Every such vehicle shall be equipped with fire extinguishers of a type, size and number approved by the secretary, filled and ready for immediate use, and placed at a convenient point on the vehicle.
4. d.
   Subject to the provisions of K.S.A. 65-3455, any person responsible for the abandonment, disposal, discharge, leakage, seepage or other release of hazardous material as defined in K.S.A. 65-3471, onto the public roadways and/or adjacent rights-of-way shall be responsible for the payment of the cost incurred by the City in the cleanup and disposal of the hazardous material and any damage caused to the infrastructure thereby. The person responsible shall be notified of such costs and expenditures by certified mail/return receipt requested and shall make repayment of all costs incurred. If the responsible person fails to pay for such costs, such payment shall be recoverable in an action brought by the City Attorney in the District Court of Johnson County, Kansas, or in a court of appropriate jurisdiction. Any money recovered under this section shall be deposited with the City Clerk.

(History: Ord. TC-1260,FFFF §59, 2022; Ord. TC-1260,G §1, 87; TC-1260 §188, 84) (State Law: K.S.A. 8-1746)

Effective on: 1/1/1901

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

12.04.197 Penalties.

1. a.
   It is unlawful for any person to violate any of the provisions of this chapter, including that certain code known as the Standard Traffic Ordinance, 53rd Edition, prepared and published in book form by the League of Kansas Municipalities, Topeka, Kansas, hereby incorporated by reference.
2. b.
   Every person convicted of a violation of any of the provisions of this chapter, including that certain code known as the Standard Traffic Ordinance, 53rd Edition, prepared and published in book form by the League of Kansas Municipalities, Topeka, Kansas, hereby incorporated by reference, and any person so offending is guilty of a public offense and, upon conviction thereof, shall be punished as set forth herein, for which another penalty is not provided by this chapter or by the schedule of fines established by the municipal judge shall be punished for conviction thereof by a fine of not more than $500.00 or by imprisonment for not more than six months or by both such fine and imprisonment.

(History: Ord. TC-3528, §8, 2026; Ord. TC-3506 §8, 2026; Ord. TC-1260,FFFF §73, 2022; Ord. TC-1260 §213, 84)  (State Law: K.S.A.8-2116; K.S.A. 12-4305; K.S.A. 21-6710)

Effective on: 1/1/1901

12.04.199.1 Citation Deemed Lawful Complaint.

In the event the form of citation provided for in O.P.M.C. Sections 2.33.355 or 2.33.370 and any amendments thereto includes information required by law and is signed by the officer preparing the same, then such citation when filed with the court having jurisdiction, shall be deemed to be a lawful complaint for the purpose of prosecution under this ordinance.

(History: Ord. TC-1260,NNN §1, 2008; TC-1260 §216, 84)

Effective on: 1/1/1901

12.04.200 Separability

If any part or parts of this ordinance shall be held to be invalid, such invalidity shall not affect the validity of the remaining parts of this ordinance. The Governing Body hereby declares that it would have passed the remaining parts of this ordinance if it had known that such part or parts thereof would be declared invalid.

(History: Ord. TC-1260 §217, 84)