Title 12 - Traffic

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