There is hereby incorporated by reference for the purpose of regulating traffic within the corporate limits of the City of Beloit, Kansas, that certain standard traffic ordinance known as the “Standard Traffic Ordinance for Kansas Cities,” 51st Edition, prepared and published in book form by the League of Kansas Municipalities, Topeka, Kansas, save and except such articles, sections, parts or portions as are hereafter omitted, deleted, modified or changed. No fewer than three copies of said Standard Traffic Ordinance shall be marked or stamped “Official Copy as Adopted by Ordinance No. 2354,” with all sections or portions thereof intended to be omitted or changed clearly marked to show any such omission or change and to which shall be attached a copy of said Ordinance, and filed with the City Clerk to be open to inspection and available to the public at all reasonable hours. The police department, municipal judge and all administrative departments of the city charged with enforcement of the ordinance shall be supplied, at the cost of the city, such number of official copies of such Standard Traffic Ordinance similarly marked, as may be deemed expedient.

(Ord. 2169; Code 2016; Ord. 2193; Ord. 2210; Ord. 2231; Ord. 2255; Ord. 2293; Ord. 2319; Ord. 2332; Ord. 2354)

(a)   An ordinance traffic infraction is a violation of any section of this ordinance that prescribes or requires the same behavior as that prescribed or required by a statutory provision that is classified as a traffic infraction in K.S.A. Supp. 8-2118.

(b)   All traffic violations which are included within this ordinance, and which are not ordinance traffic infractions, as defined in subsection (a) of this section, shall be considered traffic offenses.

(Ord. 2169; Code 2016; Ord. 2193; Ord. 2210; Ord. 2231; Ord. 2255; Ord. 2293; Ord. 2319; Ord. 2332; Ord. 2354)

Article 7. Speed Regulations, Sec. 33. Maximum Speed Limits of said Standard Traffic Ordinance and Section 16-102 of the Code of the City of Beloit are hereby modified and changed to read as follows:

(a)   Except as provided in subsection (b) and except when a special hazard exists that requires lower speed for compliance with K.S.A. 8-1557, and amendments thereto, the limits specified in this subsection or established as authorized by law shall be maximum lawful speeds, and no person shall operate a vehicle at a speed in excess of such maximum limits:

(1)   In any business district, 20 miles per hour, except where otherwise posted;

(2)   In any residential district, 30 miles per hour, except where otherwise posted;

(3)   In any park, 20 miles per hour, except where otherwise posted;

(4)   In school zones between the hours of 7:00 a.m. and 4:00 p.m., 20 miles per hour, except as may be otherwise posted;

(5)   Beginning at a point 350 feet north of the intersection of 15th Street and North Hersey Avenue extended north, then extended east along Gaylord Street, then extended north along North Walnut Street to a point 430 feet south of the intersection of 20th Street and North Walnut Street, 20 miles per hour;

(6)   Beginning at a point 400’ east of the east curbline of Brooklyn Avenue extended east on Asherville Road to the intersection of U.S. Highway 24, 40 miles per hour;

(7)   On U.S. Highway 24, the maximum speed limit shall be the lawful speed as posted on such highway; and

(8)   On U.S. Highway 14, the maximum speed limited shall be the lawful speed as outlined in above for a business district and residential district, and otherwise as posted on such highway.

(b)   No person shall drive a school bus to or from school, or interschool or intraschool functions or activities, at a speed in excess of the maximum speed limits provided in subsection (a), except that the board of education of any school district may establish by board policy lower maximum speed limits for the operation of such district’s school buses. The provisions of this subsection relating to school buses shall apply to buses used for the transportation of students enrolled in community colleges or area vocational schools, when such buses are transporting students to or from school, or functions or activities.

(c)   The maximum speed limits established by or pursuant to this section may be altered as authorized in K.S.A. 8-1559 and K.S.A. Supp. 8-1560, and amendments thereto.

(K.S.A. 8-1558; Ord. 2169; Code 2016; Ord. 2193; Ord. 2210; Ord. 2220; Ord. 2229; Ord. 2231; Ord. 2255; Ord. 2293; Ord. 2313; Ord. 2319; Ord. 2332; Ord. 2354)

The fine for violation of an ordinance traffic infraction or any other traffic offense for which the municipal judge establishes a fine in a fine schedule shall not be less than $10.00 nor more than $2,500.00, except for speeding which shall not be less than $30.00 nor more than $1,000.00. A person tried and convicted for violation of an ordinance traffic infraction or other traffic offense for which a fine has not been established in a schedule of fines shall pay a fine fixed by the court not to exceed $2,500.00.

(Ord. 2169; Code 2016; Ord. 2193; Ord. 2210; Ord. 2231; Ord. 2255; Ord. 2293; Ord. 2319; Ord. 2332; Ord. 2354)

Section 175.1 of the Standard Traffic Ordinance for Kansas Cities as currently adopted by the City of Beloit, Kansas, is hereby amended to read as follows:

Sec. 175.1 Compression Release Engine Braking System.

(a)   It shall be unlawful for the driver of any motor vehicle to use or cause to be used any compression release engine braking system; provided, however, that such brakes may be used in an emergency situation where the use of an engine braking mechanical exhaust device is necessary for the protection of persons or property.

(b)   Upon a first conviction of this section, the defendant shall be mandated to appear in court and shall be fined not less than $200.00 nor more than $1,000.00. Upon a conviction of a second offense of this section, within a twenty-four (24) month period, the defendant shall be mandated to appear in court and shall be fined not less than $350.00 nor more than $1,000.00. Upon a conviction of a third or subsequent offense of this section, within a twenty-four (24) month period, the defendant shall be mandated to appear in court and shall be fined not less than $500.00 nor more than $1,000.00.

(c)   As used in this section, “compression release engine braking system” means a “dynamic brake,” “Jake brake,” “Jacobs brake,” “C-Brake,” “Paccar Brake,” or any other hydraulically operated device that converts a power producing diesel engine into a power absorbing retarding mechanism.

(Ord. 2240)

The following sections of the Standard Traffic Ordinance are hereby deleted:

Subsections (a)(4), (b) and (c) of Section 194 relating to third time violations of Driving While License is Canceled, Suspended, or Revoked.

Section 114.1 Unlawful Operation of All-Terrain Vehicle.

Section 114.2 Unlawful Operation of a Micro Utility Truck.

Section 114.4 Unlawful Operation of a Golf Cart.

Section 114.5 Unlawful Operation of a Work-Site Utility Vehicle.

(Ord. 2169; Code 2016; Ord. 2193; Ord. 2209; Ord. 2210)

(a)   Definitions.

All-Terrain Vehicle (“ATV”) Any motorized nonhighway vehicle 50 inches or less in width, having a dry weight of 1,500 pounds or less, and traveling on three or more nonhighway tires.

Golf Cart. A motor vehicle that has not less than three wheels in contact with the ground, an unladen weight of not more than 1,800 pounds, is designed to be and is operated at not more than 25 miles per hour and is designed to carry not more than four persons including the driver.

Micro Utility Truck (“MUT”) Any motor vehicle which is not less than 48 inches in width, has an overall length, including the bumper, of not more than 160 inches, has an unladen weight, including fuel and fluids, of more than 1,500 pounds, can exceed 40 miles per hour as originally manufactured and is manufactured with a metal cab.

Work-Site Utility Vehicle (“WUV”) Any motor vehicle which is not less than 48 inches in width, has an unladen weight, including fuel and fluids, of more than 800 pounds and is equipped with four or more nonhighway tires, a steering wheel and bench or bucket-type seating allowing at least two people to sit side-by-side, and may be equipped with a bed or cargo box for hauling materials.

(b)   Motor Vehicle Liability Insurance. Any WUV, MUT, ATV, or Golf Cart operated on a highway, street, road or alley in the City of Beloit, Kansas shall be insured with motor vehicle liability insurance coverage in accordance with the provisions of the Kansas Automobile Injury Reparations Act, K.S.A. 40-3101, et. seq. For purposes of this section, no WUV, MUT, ATV, or Golf Cart shall be exempt from the Kansas Automobile Injury Reparation Act.

(c)   Registration of All-Terrain Vehicles, Golf Carts, Micro Utility Trucks, and Work-Site Utility Vehicles for Lawful Operation within the City of Beloit. Except when operated by law enforcement or emergency personnel for law enforcement or emergency purposes or for use in a parade authorized by the Governing Body of the City of Beloit, every owner of a WUV, MUT, ATV, or Golf Cart intended to be operated on a highway, street, road, or alley in the City of Beloit, Kansas, whether such owner is a resident of the City or not, shall before such WUV, MUT, ATV, or Golf Cart is operated on such highway, street, road, or alley, register such vehicle through the office of the Beloit Police Department on such forms as furnished by the Beloit Police Department. The application shall contain the name of the owner, the owner’s residential address, a brief description of the vehicle to be registered, insurance information of the vehicle, and such other information as may be required by the department. The application shall be signed by the owner(s). The department shall furnish to every owner whose vehicle is registered a registration plate or decal which shall be displayed prominently on the rear of the vehicle before its operation in the City. A registration fee of $50 per year per vehicle shall be charged. Thereafter, any subsequent registration permit shall be $50 per year per vehicle regardless of the date for which said registration shall be made. The registration issued hereunder is not transferable. In the event of sale or transfer of ownership of any vehicle registered under this section, the existing registration and the right to use the numbered registration shall expire. It is unlawful for any person other than the person to whom the registration was originally issued to have the same in his possession.

(d)   Equipment Requirements of Work-Site Utility Vehicles, Micro Utility Trucks, All-Terrain Vehicles, and Golf Carts. No WUV, MUT, ATV, or Golf Cart shall be operated on any highway, street, road or alley unless such vehicle is equipped with lights as required by law for motorcycles. All Golf Carts operated on any highway, street, road, or alley shall be equipped with a slow-moving emblem mounted on the rear of the vehicle, as such term is defined under the provisions of Article 17, Chapter 8 of Kansas Statutes Annotated.

(e)   Age Restriction, Valid Driver’s License Required. No person shall operate a WUV, MUT, ATV, or Golf Cart on any highway, street, road or alley within the corporate limits of the City unless such person has a valid driver’s license and is at least eighteen (18) years of age.

(f)    Operation on Public Highways, Streets, Roads, and Alley. Every person operating a WUV, MUT, ATV, or Golf Cart on a highway, street, road, or alley within the City shall be subject to all of the duties applicable to a driver or a vehicle imposed by law.

(g)   Highway and Street Restrictions. Lawfully registered and insured WUVs, MUTs, ATVs, and Golf Carts may be operated upon the streets, roads, and alleys within the corporate limits of the city, provided, however, that no WUV, MUT, ATV or Golf Cart may be operated on the following highways or streets, other than to cross:

•      Highway 24

•      Highway 14 (Roosevelt Avenue, Hersey Avenue from S. Mill Street to 8th Street, 8th Street from Hersey Avenue to Independence Avenue, Independence Avenue from 8th Street to Highway 24)

•      8th Street East of Hersey Avenue

(h)   Violations and Penalties. Any traffic violation committed by a driver of a WUV, MUT, ATV, or Golf Cart shall be governed by the provisions of the Standard Traffic Ordinance for Kansas Cities, adopted by the City of Beloit, and any penalties for such traffic violations shall be those as set out by the Standard Traffic Ordinance and the Beloit Municipal Court fine schedule. Any violation of subsections (c), (e), or (g) of this section, committed by a driver of a WUV, MUT, ATV, or Golf Cart, upon entry of a plea of guilty or no contest or upon being convicted of such violation, the penalty imposed shall be a fine of not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00) plus court costs.

(Ord. 2127; Code 2016; Ord. 2209)