CHAPTER XIV. TRAFFIC

CHAPTER XIV. TRAFFIC

Article 1. Standard Traffic Ordinance
Article 2. Traffic Control Devices and Markings
Article 3. Parking Regulations
Article 4. Turns
Article 5. Speed
Article 6. Miscellaneous
Article 7. Abandoned Motor Vehicles on Public Property
Article 8. Hazardous Materials

Ordinance No. 589 Schedule of Fines for Certain Violations

ARTICLE 1. STANDARD TRAFFIC ORDINANCE

1. STANDARD TRAFFIC ORDINANCE INCORPORATED BY REFERENCE.

      There is hereby incorporated by reference for the purpose of regulating traffic within the corporate limits of the City of Goddard, Kansas, that certain standard traffic ordinance known as the “Standard Traffic Ordinances for Kansas Cities,” edition of 2003, 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, such incorporation being authorized by K.S.A. 12-3009 through 12-3012, inclusive, as amended.  No fewer than three (3) copies of said Standard Traffic Ordinance shall be marked or stamped “Official Copy as Adopted by Ordinance No. ____,” 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 this 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, a copy of the 2003 edition of “The Standard Traffic Ordinance.”  The Standard Traffic Ordinance adopted and incorporated by this Ordinance shall be supplemental to such sections of Chapter 14 of the Code of the City of Goddard, Kansas (as adopted August 9^th, 2001) not otherwise repealed by this Ordinance. (Ord. 588; Code 2003)

2. TRAFFIC INFRACTIONS AND TRAFFIC OFFENSES.
   1. 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. 8-2118. (Ord. 588; Code 2003)
   2. 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. 588; Code 2003)
3. The fine for a violation of an ordinance traffic infraction or any other traffic offense for which the Municipal Judge establishes a fine schedule shall not be less than $10 nor more than $100, except speeding which shall not be less than $10 nor more than $500.  A person tried and convicted for violation of an ordinance traffic infraction or other traffic offense for which a fine has been established in a schedule of fines shall pay a fine fixed by the court not exceed $500. (Ord. 588; Code 2003)

ARTICLE 2. TRAFFIC CONTROL DEVICES AND MARKINGS

1. TRAFFIC CONTROL DEVICES AND MARKINGS; GOVERNING BODY TO ESTABLISH. The Governing Body may, by resolution, establish and fix the location of such traffic control devices as may be deemed necessary to guide and warn traffic under the provisions of this chapter, other traffic ordinances and the state laws. The city shall place and maintain such traffic control signs, signals and devices when and as may be required by the authority of the Governing Body to make effective the provisions of this chapter and other ordinances for the regulation of traffic. Any official traffic control device placed pursuant to this section shall be marked and labeled on a map of the City of Goddard for the purpose of displaying all such traffic control devices and shall be filed with the City Clerk to be open to inspection and available to the public at all reasonable hours of business. (Code 2001)

ARTICLE 3. PARKING REGULATIONS

1. NO PARKING ZONES.
   1. South side of Kellogg Drive, between the intersection of Goddard Road on the west and Barber Drive on the east.
   2. North side of South Street between the intersection of Main Street on the west and Elm Street on the east.
   3. West side of Cedar Street between the intersection of Cedar Street and Park Drive on the south and a point 150 feet north of the intersection on the north.
   4. North or the south side of Park Drive between the intersection of Park Drive and Main Street on the west and a point 130 feet east of the intersection on the east. (Ord. 241, Sec. 1; Ord. 301, Sec. 1; Ord. 302, Sec. 1; Ord. 303, Sec. 1)
2. PARKING OF CERTAIN VEHICLES IN A RESIDENTIAL DISTRICT. It is unlawful, except when necessary to avoid conflict with other traffic or in obedience to traffic regulations or the directions of a traffic control device or a police officer for any person or operator to park a truck with a manufacturers rated capacity of over two ton, or a bus, truck-tractor, trailer or semi-trailer on any street in a residential district zone in the city for longer than two hours. However, parking longer than two hours is permitted when it is necessary for the loading and unloading of merchandise or goods. (Ord. 305, Sec. 1)
3. PARKING TO LOAD OR UNLOAD SCHOOLCHILDREN. It is unlawful, except when necessary to avoid conflict with other traffic or in obedience to traffic regulations or directions of a traffic control device or police officer, for any person or operator of a motor vehicle to stop such vehicle for the purpose of loading and unloading school children at any school where such children are going to or returning from school, except upon the side of the Street where the school is located. (Ord. 351, Sec. 1)

ARTICLE 4. TURNS

1. "U" TURNS AND "J" TURNS PROHIBITED. It is unlawful for the operator of any vehicle to turn the vehicle so as to proceed in the opposite direction or to turn his or her vehicle to stop or park left of the center line of the roadway on which he or she was proceeding:
   1. At any intersection at which traffic is controlled by a traffic control signal;
   2. Upon any street in a business district;
   3. Upon any street unless such movement can be made in safety and without interfering with other traffic. (Ord. 295, Sec. 1)
   
   

ARTICLE 5. SPEED

1. MAXIMUM SPEED LIMITS.
   1. Speed Limit of 20 mph. The Governing Body hereby establishes a maximum speed limit of 20 mph on the following streets and at the following locations within the city:

2. Speed Limit of 30 mph The Governing Body hereby establishes a maximum speed limit of 30 mph on the following streets and at the following locations within the city:

3. Unless otherwise noted in this article or otherwise posted, the maximum speed limit in the City of Goddard shall be 30 miles per hour.
4. On any section of a street for which the maximum speed limit is not set forth in this section, the Chief of Police shall have the authority to post a maximum speed limit other than 30 miles per hour, and so long as said other speed limit is posted, the posted speed shall be the maximum lawful speed for the posted area.
   1. The Chief of Police shall not post a speed other than 30 miles per hour without a traffic study when such a traffic study is required by state law. (Ord. 488, Secs. 1:2; Code 2001)
   
   
   

ARTICLE 6. MISCELLANEOUS

1. CARELESS DRIVING
   1. No person shall operate or halt any vehicle in such a manner as to indicate a careless or heedless disregard for the rights or safety of others, or in such a manner as to endanger any person or property. Any driver who does so shall be considered to be in violation of this section. Provided, however, that this section shall not apply to a vehicle driven by a person upon real property owned by the driver, if only property owned by the driver is endangered.
   2. No driver while driving shall engage in any activity which interferes with the safe control of his vehicle.
   3. No person shall engage in any activity or commit any act which interferes with a driver's safe operation of a vehicle.
   
   
   

ARTICLE 7. ABANDONED MOTOR VEHICLES ON PUBLIC PROPERTY

1. DEFINITIONS. For the purpose of this article, the following terms, phrases, words and their derivations shall have the following meanings:
   1. "Highway" means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel. Where the word "highway" or the word "street" is used in this article, it means street, avenue, boulevard, thoroughfare, alley, and other public way for vehicular travel by whatever name, unless the context clearly indicates otherwise.
   2. "Motor Vehicle" means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusively on stationary rails or tracks.
   3. "Owner" or "Occupant" means a party having fee simple title in the real property, or a party having a leasehold interest in the real property, or a party who is the beneficiary of a private easement for the purpose of egress or ingress to or from said real property. (Ord. 288, Sec. 1; Code 2001)
2. IMPOUNDING VEHICLES. The police department may cause to be impounded:
   1. Any motor vehicle unlawfully parked on a highway in violation of any provision of a city ordinance which prohibits the parking of vehicles at the place where or time when the impounded motor vehicle is found.
   2. Any motor vehicle that has been abandoned and left on a highway or other property open to use by the public for a period in excess of 48 hours pursuant to K.S.A. § 8-1102.
   3. Any vehicle which interferes with public highway operations.
   4. Any motor vehicle which:
      1. Is subject to removal pursuant to K.S.A. § 8-1570, or 8-1102, or
      2. Is subject to seizure and forfeiture under the laws of the state, or
      3. Is subject to being held for use as evidence in a criminal trial.
   5. Any motor vehicle, the continued presence of which, because of the physical location or condition of the motor vehicle, poses a danger to the public safety or to the motor vehicle.
   6. Any motor vehicle which has been abandoned or parked on any real property, other than public property or property open to use by the public, may be moved and disposed of in accordance with the terms of this article by the police department upon the request of the owner or occupant of such real property. The real property referred to herein shall not be owned or leased by the person who abandons or parks said vehicle or by the owner or lessee of such vehicle. The city or any person, partnership, corporation or their agent conducting a business enterprise for the purpose of towing vehicles which removes such vehicle from the real property at the request of the police department shall have a possessory lien on such vehicle for the cost incurred in removing, towing and storing such vehicle. For purposes of this article, common areas shall be construed not to mean public property or property open to the public. (Ord. 288, Sec. 2; Code 2001)
3. SAME. The police department may authorize storage of such impounded motor vehicles at any location, public or private, which is zoned for the storage of motor vehicles. (Code 2001)
4. NOTICE OF IMPOUNDMENT; STORAGE OF VEHICLE.
   1. When Owner Present. When the police department intends to impound a motor vehicle pursuant to section 14-702 and the owner of the motor vehicle is then present, the police department shall before the motor vehicle is removed, provide the owner with a notice, in the form prescribed by the police department that the motor vehicle is being impounded, that towing and storage charges will be assessed against the impounded motor vehicle, that the owner may claim and regain possession of the impounded motor vehicle at the location to which it is being removed for storage without prepayment of towing and storage charges and that the owner may request a hearing as to the propriety of the impoundment and as to the amount of and the owners liability for the towing and storage charges. The notice shall also state the location where the impounded motor vehicle will be stored and the place where the owner may make his or her request for the hearing. The notice shall also state, in prominent language, that failure by the owner to request a hearing within five days after receipt of the notice may act as a waiver of his or her right to a hearing and that this may result in the placing of a lien against the motor vehicle for the towing and storage charges without further notice to the owner; and that the motor vehicle be sold at public auction to the highest bidder for cash after 15 days from the date of the mailing of the notice. The owner of the impounded motor vehicle shall sign the notice as an acknowledgment that he or she has received a copy of the notice and a copy of the notice shall be provided to the owner.
   2. When Owner not Present. (1) When the police department impounds and removes a motor vehicle pursuant to section 14-702(a) and the owner of the motor vehicle is not present at the time of the impoundment, the police department shall, if such motor vehicle has displayed thereon a registration plate issued by the division of vehicles and has been registered with said division, mail a notice by certified mail to the registered owner thereof, addressed to the address as shown on the certificate of registration, and to the lienholder, if any, of record in the county in which the title shows the owner resides, if registered in this state. The notice shall be in the form prescribed by the police department containing the same information as required by section 14-304(a). The police department shall use reasonable diligence in determining the title owner, or if from a non-title state, the registered owner, of the vehicle, and shall inquire by mail of the office of the register of deeds of the county in which the title shows the owner resides, if registered in this state, as to whether there are any lienholders of record. If the owner cannot be served by certified mail at the address on the motor vehicle registration and there is no other known address of the owner, the owner shall be deemed to be a resident of the state whose whereabouts are unknown and service shall be made on the Secretary of State as provided in K.S.A. § 8-401.

If the owner does not reside in the state, as appears from the motor vehicle registration and the owner cannot be served by certified mail at the address on the motor vehicle registration and there is no other known address of the owner, the 'owner shall be deemed a nonresident of the state and service shall be made on the Secretary of State as provided in K.S.A. § 8-401.

1. Failure or Refusal to Sign Notice. If any person required by this section to sign a notice of impoundment willfully fails or refuses to do so, or if such person cannot be found, the police department shall note this fact on the face of the notice, which shall constitute prima facie evidence of delivery or service of notice as required by this section. (Ord. 288; Code 2001)
1. IMPOUNDMENT AFTER REQUEST TO LEAVE MOTOR VEHICLE. In all cases wherein the owner or operator of a motor vehicle which is on a public street has requested that the motor vehicle be left unattended at that location, in lieu of impoundment of the motor vehicle pursuant to section 14-702, the police department may honor said request for a period of time not exceeding 24 hours, after which time the motor vehicle shall either be removed from the location by the owner or operator or be impounded by the police department pursuant to section 14-704. The police department shall be immune from liability for any damage, loss or destruction of the motor vehicle occasioned by its being left unattended pursuant to the request of the owner or operator thereof, in lieu of impoundment. Nothing in this section shall be construed to limit the authority of the police department to order the removal of a motor vehicle by its owner or operator or to impound a motor vehicle pursuant to section 14-704 at any time whenever in his or her judgment the presence of the unattended motor vehicle constitutes a danger to the public safety. (Ord. 288; Code 2001)
2. RELEASE OF MOTOR VEHICLE FROM IMPOUNDMENT.
   1. Generally. Unless the vehicle is impounded pursuant to section 14-702(b) herein, the owner of an impounded motor vehicle may secure the release of the motor vehicle from impoundment upon requesting such release and presenting proof of ownership satisfactory to the custodian of the place where the motor vehicle is stored. If the custodian is satisfied that the person making the request is the owner or his or her authorized agent, he or she shall release the motor vehicle to the owner or his or her agent. Nothing in the preceding sentence shall preclude the owner of the impounded motor vehicle or his or her agent from paying any towing and storage charges that may be assessed against the motor vehicle, but neither the police department nor the custodian of the storage space may require payment of any towing or storage charges as a condition precedent to such release. At the same time as the owner or his or her agent requests release of the impounded motor vehicle, and if such request is made with 40 days after the owner receives a copy of the notice of impoundment, the police department shall provide him or her an opportunity to make a request for a hearing on the propriety of the impoundment and on the amount and his or her liability for the towing and storage charges occasioned by the impoundment; provided, that if the owner or his or her agent requests release of the impounded motor vehicle more than 40 days after the owner receives a copy of the notice of impoundment, no hearing may be requested on the impoundment or on the towing and storage charges and the owner shall be conclusively presumed to have consented to the impoundment and to the amount of and his or her liability for the towing and storage charges.
   2. Security for Payment of Charges. If the ownership of the impounded motor vehicle is evidenced by a title certificate issued by the Kansas Department of Highway Safety and Motor Vehicles, the owner or his or her agent may secure the release of the motor vehicle from impoundment without the payment of any towing or storage charges or the deposit of any security for the payment thereof. If the ownership of the impounded motor vehicle is evidenced by a foreign title instrument, or if the jurisdiction in which title is recorded is not evidenced from the document establishing ownership, the owner or his or her agent, before the custodian of the place where the motor vehicle is stored authorizes release of the motor vehicle form impoundment, shall deposit with the custodian cash in the amount of the towing and storage charges to the date of the request. If the owner or his or her agent refuses to provide the cash deposit, the custodian shall not authorize release of the impounded motor vehicle but if the request is timely made, a date shall be set for the hearing on the impoundment and charges. (Ord. 288; Code 2001)
3. HEARING. If the owner of an impounded motor vehicle or his or her agent timely requests the release of the motor vehicle from impoundment and a hearing on the impoundment and charges, as provided in section 14-706, a date shall be set, not more than five days after the date of request, for the hearing. The City Attorney shall provide a hearing examiner to conduct the hearings required by this section. At the hearing, the owner, his or her agent, or his or her attorney shall be afforded an opportunity to present, by oral testimony or documentary evidence, his or her objections to (a) the impoundment of the motor vehicle and (b) (1) the amount of the towing and storage charges and (2) his or her liability for the payment thereof. If the owner or his or her agent requested the hearing more than five days but not more than 40 days after the owner received a copy of the notice of impoundment, the owner, his or her agent or his or her attorney shall be required at the hearing, as a condition precedent to the presentation of any objections by the owner, to show good cause for the delay in making the request more than five days after the owner received a copy of the notice of impoundment: if good cause cannot be shown, the hearing officer shall dismiss the hearing and make the finding stated in subsection (b) below; otherwise, the hearing examiner shall proceed to hear the owners objections. At the conclusion of the hearing on the owners objections, the hearing examiner shall render his or her decision if the hearing examiner:
   1. Finds that the impoundment was improper, he or she shall:
      1. Find that the owner is not liable for any towing or storage charges occasioned by the impoundment, and
      2. Determine whether and to what extent the city shall be the expense of the towing and storage charges; or
   2. Finds that the impoundment was proper, he or she shall establish:
      1. The amount of the towing and storage charges to be assessed against the impounded motor vehicle, and
      2. The extent of the liability of the owner for payment of the towing and storage charges so established. The decision of the hearing examiner shall be final, and a copy of the decision shall be furnished to the owner of the impounded motor vehicle, to the custodian of the place where the motor vehicle is stored and to the City Attorney.

In the event that the impoundment was pursuant to K.S.A. § 8-1102(b), the owner or occupant of the real property upon which the abandoned vehicle was located shall not be assessed the costs of towing and storage of the vehicle. Further, nothing within this article shall be construed to modify or effect the validity of the possessory lien of the person removing such vehicle from the real property established by K.S.A. § 8-1102(b). (Ord. 288; Code 2001)

1. CHARGES CONSTITUTE A LIEN. The towing and storage charges occasioned by the impoundment of a motor vehicle pursuant to section 14-702 shall be and constitute a lien upon the impounded motor vehicle, except as provided in this section. If the hearing examiner finds pursuant to section 14-707 that the impoundment was improper and if he or she determines that the city shall bear part or all of the towing and storage charges, the lien created by this section shall be discharged. If the hearing examiner finds pursuant to section 14-706 that the impoundment was proper but that the towing and storage charges should be in an amount less than the amount of the lien, the lien created by this section shall be discharged to the extent that it exceeds the amount established by the hearing examiner. The holder of a lien created by this section may perfect such lien in any manner provided by law, but he or she may not retain possession of the motor vehicle when it has been released pursuant to section 14-706(a). In the event that the impounded motor vehicle is released from impoundment and the owner or his or her agent has provided security for payment of charges as required by section 14-706(b), the lien created by this section shall also be a lien against the security so provided, subject to being wholly or partially discharged as provided in this section. (Ord. 288; Code 2001)
2. SATISFACTION OF LIEN; NOTICE OF PUBLIC SALE. The holder of a lien against a motor vehicle created by section 14-708, to the extent that such lien has not been discharged as provided in section 14-708 or otherwise satisfied, may enforce such lien in any manner provided by law after 60 days from the date the motor vehicle is impounded by the police department. If the owner of the motor vehicle or his or her agent has provided security for the payment of the lien as provided in section 14-706(b), the lien shall first be satisfied out of the security so provided and, if any portion of the lien remains unsatisfied and undischarged, may then be enforced in any manner provided by law. If the motor vehicle against which the lien is created pursuant to section 14-708 is still under impoundment 60 days from the date it is impounded by the police department and the owner has not requested release of the motor vehicle from impoundment nor paid the towing and storage charges that are the basis for the lien, the motor vehicle shall be sold at public sale to the highest and best bidder for cash to satisfy the lien. Notice of the sale shall be given in accordance with K.S.A. § 8-1102. Publication, required by K.S.A. § 8-1102, may be made before the termination of the 60 day period for a sale thereafter. (Ord. 288; Code 2001)
3. REDEMPTION. If the city is to conduct the sale:
   1. Any holder of a recorded lien or retained title on a motor vehicle to be sold by the city under the provisions of section 14-709 may claim and take possession thereof, upon payment of accrued charges and estimated costs of publication of the notice of sale to the police department and the deposit with the police department of sufficient assurance by surety bond or otherwise, approved by the City Attorney, that the motor vehicle will be forthcoming for public sale thereof or upon claim of the rightful owner prior to the sale. The police department shall, within three days, make a report to the city treasurer and deliver the charges and costs so paid to the city treasurer, taking a receipt therefor and filing it, together with a duplicate copy of the report to the city treasurer, with the records in his or her office. The funds shall be held in a trust account until final disposition of the motor vehicle. Not less than five days before the date for sale of the motor vehicle, the police department shall notify the lienholder or retained titleholder of the time and place for the sale, and the lienholder or retained titleholder shall deliver such motor vehicle to the police department at or before 12:00 noon of the day before the sale. At the sale the amount paid shall be credited on the bid of the lienholder or retained titleholder. If the lienholder or retained titleholder is the successful bidder for the motor vehicle, the police department shall report this fact to the city treasurer and then the funds previously paid by the lienholder or retained titleholder shall be relieved of the trust previously impressed and become the same as other funds received by the city for storage and costs of impounded motor vehicles. If the motor vehicle is sold for a higher bid to any person other than the lienholder or retained titleholder, the police department shall report this fact to the city treasurer and the lienholder or retained titleholder shall be refunded the amount previously paid by him out of the trust account.
   2. And if the rightful owner of the motor vehicle claims the same before the sale by payment of the accrued charges, the police department shall immediately notify the lienholder or retained titleholder in possession of the motor vehicle and he or she shall return the same to the police department within 12 hours. The police department shall report this redemption by the rightful owner to the city treasurer and the lienholder or retained titleholder shall be refunded the amount previously paid by him or her out of the trust account. (Ord. 288; Code 2001)
4. SALE PROCEEDS. The proceeds of a public sale held pursuant to section 14-708 whether such sale was conducted by the city or by any other person, after payment of the towing and storage charges and costs and expenses incident to the sale, shall be deposited with the city treasurer, if the owner of the motor vehicle is absent from the sale, for credit to the trust account. The funds deposited in the trust account pursuant to this section shall remain in the account subject to the order of the person legally entitled thereto, but if no claim is made for these funds within a period of one year after the sale, the funds shall become the property of the city, be released from the trust account and be paid into the general fund as miscellaneous revenues. (Ord. 288; Code 2001)
5. STATUTORY PROCEDURES. Nothing in this article shall be construed to augment, diminish, supersede or otherwise interfere with any statutory procedure established by the legislature for the collection of unpaid towing and storage charges. The procedures in this article are supplementary and cumulative to any statutory procedures. (Ord. 288; Code 2001)
6. IMPLEMENTATION OF ARTICLE. The police department and city treasurer are authorized to make rules for the implementation and administration of this article. (Code 2001)
7. REIMBURSEMENT FOR DISCHARGED LIENS. If a lien created by section 14-708 and held by a private wrecker or towing firm is discharged by section 14-708 pursuant to a determination by a hearing examiner that an impoundment was improper and that the city shall bear part or all of the towing and storage charges, the city shall pay to the firm the amount determined by the hearing examiner. No payment shall be made until it is authorized by the City Attorney. (Ord. 288; Code 1998)

ARTICLE 8. HAZARDOUS MATERIALS

1. HAZARDOUS MATERIAL DEFINED. As used in this article, the term hazardous material shall mean any compressed gas, explosive, flammable liquid, flammable solid, oxidizer, poison, radioactive material or any substance that due to its nature may cause death, disability or injury upon contact therewith. (Code 2001)
2. SAME; EXCEPTIONS. The provisions of this article shall not apply to any container which shall have a capacity of 150 gallons or less which shall be used for the purpose of supplying fuel for the vehicle on which it is mounted. These provisions shall also not apply to vehicles, trailers, containers or tanks containing anhydrous ammonia or other material primarily used by farmers for fertilizer purposes when such vehicles, trailers, containers or tanks are parked or housed upon property designated for the placement of such vehicle, trailer, container or tank by any farmers cooperative, elevator company or farm supply store located within the city limits. (Code 2001)
3. TRANSPORTATION OF HAZARDOUS MATERIALS. Except as provided in section 14-404 it shall be unlawful for any person, firm, corporation or other entity to transport any hazardous material upon any street, avenue, highway, road, alley or any other public right-of-way in the city. (Code 2001)
4. HAZARDOUS MATERIALS ROUTES. The provisions of section 14-403 shall apply to all streets, avenues, highways, roadways, alleys or other public right-of-ways within the city except those specified within this section where transportation of hazardous materials shall be allowed. Transportation of hazardous materials shall be allowed upon the following streets, avenues, highways or roadways:
   1. (Reserved)
   2. (Reserved)
   3. (Reserved) (Code 2001)
5. PARKING OF VEHICLES OR TRAILERS CARRYING HAZARDOUS MATERIALS.
   1. Except as provided in subsections (b) and (c), it shall be unlawful for any person, firm, corporation or other entity to park any vehicle, trailer or semitrailer carrying any hazardous material within any of the following city zoning districts as defined in Chapter 16 of this code:
      • (Reserved)
   2. Subsection (a) shall not apply to vehicles, trailers or semi-trailers parked for continuous periods of time not to exceed one hour where such vehicles, trailers or semi-trailers are parked along those routes specified in section 14-404 of this code.
   3. Subsection (a) shall not apply to any vehicle, trailer or semi-trailer carrying any hazardous material where such vehicle, trailer or semi-trailer is not parked within 500 feet of any structure used for human habitation. (Code 2001)
6. REMOVAL OF ILLEGALLY PARKED TRAILERS. If any vehicle, trailer or a semi-trailer is found parked in violation of the provisions of this article, the fire chief or assistant chief or any law enforcement officer may require the owner, operator or lessee of the trailer to move it within two hours. If such removal is not accomplished on the order of any such officer, it may be accomplished by any such officer, by any reasonable means, if the continued presence of the trailer or semitrailer at its parked location constitutes, adds to or prevents correction of a situation threatening imminent injury or damage to persons or property. (Code 2001)

ORDINANCE NO. 657

AN ORDINANCE REGULATING TRAFFIC WITHIN THE CORPORATE LIMITS OF THE CITY OF GODDARD, KANSAS; INCOPORATING BY REFERENCE THE "STANDARD TRAFFIC ORDINANCE FOR KANSAS CITIES," EDITION OF 2007, WITH CERTAIN CHANGES AND ADDITIONS; PRESCRIBING ADDITIONAL REGULATIONS; PROVIDING CERTAIN PENALTIES; AND REPEALING ORDINANCES NUMBER 568, 588, 609, 624 AND 639 AND ALL OTHER CONFLICTING ORDINANCES.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF GODDARD, KANSAS:

Section 1: Incorporating Standard Traffic Ordinance

There is hereby incorporated by reference for the purpose of regulating traffic within the corporate limits of the City of Goddard, Kansas, that certain standard traffic ordinance known as the "Standard Traffic Ordinance for Kansas Cities," Edition of 2007, prepared and published in book form by the League of Kansas Municipalities, Topeka, Kansas, save and except certain articles, sections, parts or portions as are hereafter omitted, deleted, modified or changed. No fewer than three (3) copies of said Standard Traffic Ordinance shall be marked "Official Copy as adopted by Ordinance No. 657," 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 this 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.

Section 2. Adding Sections 106a and 106b

Section 106a of the Standard Traffic Ordinance shall read as follows:

"Sec. 106a. Consumption of Alcoholic Liquor or Cereal Malt Beverages.

(a) No person shall consume any alcoholic liquor or cereal malt beverage while operating any vehicle upon any street or highway.

(b) Violation of this section is punishable by a fine of not less than $50 or more than $200 or by imprisonment for six months, or both."

Section 106b of the Standard Traffic Ordinance shall read as follows:

"Sec. 106b. Transportation of Drug Paraphernalia.

(a) No person shall transport in any vehicle upon any highway or street any instrument, device or drug paraphernalia which a used to possess, conceal, smoke, administer, manufacture, or sell any illegal drug pursuant to the Kansas Uniform Controlled Substances Act (K.S.A. 65-4101 et seq.).

(b) Violation of this section is punishable by a fine of not less than $50 or more than $200 or by imprisonment for six months, or both."

Stop signs and yield signs, as enforced pursuant to Section 59 of the Standard Traffic Ordinance, shall be erected pursuant ordinances and resolutions adopted by the governing body of the City of Goddard, Kansas which specify particular intersections as stop and yield intersections and providing for the erection of stop signs and yield signs.

Section 4.  Traffic Infractions and Traffic Offenses

(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.

Section 5.  Penalty for Scheduled Fines

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 $500.00. A person tried and convicted for violation of an ordinance, traffic infraction or other traffic offense for which a fine has been established in a schedule of fines shall pay a fine fixed by the Court not to exceed $500.00. A person tried and convicted for violation of an ordinance, traffic infraction or other traffic offense for which no fine has been established in a schedule of fines shall pay a fine fixed by the Court not to exceed $2500.00.

Section 6.  Reveal

Ordinances Number 568, 588, 609, 624 and 639 are hereby repealed. All other ordinances or parts of other ordinances in conflict herewith are repealed. However, any section of an existing ordinance not in conflict herewith is not repealed and remains in full force and effect.

Section 7. Effective Date

This Ordinance shall take effect and be in force from and after its publication in the official city newspaper.

Passed by the City Council this 20'

^h day of August, 2007.

Approved by the Mayor this 20th day of August, 2007.

MARCEY GREGORY, Mayor

KAREN S. BAILEY, CIVIC, City Clerk

ORDINANCE NO. 589

AN ORDINANCE ESTABLISHING A SCHEDULE OF FINES FOR CERTAIN VIOLATIONS OF PROVISIONS OF THE CITY CODE OF THE CITY OF GODDARD, KANSAS, INCLUDING THE STANDARD TRAFFIC ORDINANCE AS ADOPTED BY ORDINANCE NO. 588 AND THE UNIFORM PUBLIC OFFENSE CODE AS ADOPTED BY ORDINANCE NO. 587; AND REPEALING ORDINANCE NO. 578 (ADOPTED APRIL 7^TH, 2003) AND OTHER ORDINANCES AND PROVISIONS IN CONFLICT WITH THIS ORDINANCE.

BE IT ORDAINED by the Governing Body of the City of Goddard, Kansas:

Section 1: The Schedule of Fines contained in Section 3 hereto is hereby adopted as the Schedule of Fines for violations of the Standard Traffic Ordinance, as adopted by Ordinance No. 588, and those sections of the Public Offense Code, as adopted by Ordinance No. 587, identified and enumerated in said Section 3 hereto, and the other violations of the City Code of the City of Goddard, Kansas, specifically identified in said Section 3.

Section 2: All fines and fees for offenses not specifically enumerated in Section 3 hereto shall remain in full force and effect and are not amended, repealed, modified or affected in any respect by this ordinance.

Section 3:  SCHEDULE OF FINES.