CHAPTER XIV. TRAFFICCHAPTER XIV. TRAFFIC\ARTICLE 5. SPECIAL PURPOSE VEHICLES

As used in this article, the following words and phrases shall have the meanings respectively ascribed to them in this section, except when the context requires otherwise.

(a)   “Golf cart” means 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 operated at not more than 25 miles per hour and is designed to carry not more than four persons, including the driver.

(b)   “Micro utility truck” means 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.  “Micro utility truck” does not include a work-site utility vehicle.

(c)   “Slow-moving vehicle emblem” has the same meaning as contained in K.S.A. 8-1717, and amendments thereto.

(d)   “Special purpose vehicle” means golf cart, micro utility truck and work-site utility vehicle, either individually or collectively.

(e)   “Work-site utility vehicle” means any motor vehicle which is not less than 48 inches in width, has an overall length, including the bumper, of not more than 135 inches, has an unladen weight, including fuel and fluids, of more than 800 pounds and is equipped with four or more low pressure 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.  “Work-site utility vehicle” does not include a micro utility truck.

(Ord. 2009-06, Sec. 1; Code 2010)

(a)   Golf carts, Micro utility trucks and Work-site utility vehicles may be operated upon the public highways, streets, roads and alleys within the corporate limits of the city.

(1)   No golf cart, micro utility truck or work-site utility vehicle may be operated upon any public highway, street, road and alley with a posted speed limit in excess of 30 miles per hour. 

(2)   No golf cart, micro utility truck or work-site utility vehicle shall be operated on any interstate highway, federal highway or state highway; provided, however, that the provisions of this subsection shall not prohibit a golf cart, micro utility truck or work-site utility vehicle from crossing a federal or state highway with a posted speed limit greater than 30 miles per hour.

(3)   No golf cart, micro utility truck or work-site utility vehicle shall be operated on any public highway, street, road or alley between sunset and sunrise.

(4)   It shall be illegal to operate a golf cart, micro utility truck or work-site utility vehicle on any public highway, street, road or alley within the corporate limits of the city unless such vehicle displays a slow moving vehicle emblem on the rear of the vehicle; the slow-moving vehicle emblem shall be mounted and displayed in compliance with K.S.A. 8-1717, and amendments thereto.

(Ord. 2009-06, Sec. 2; Code 2010)

(a)   No person shall operate a special purpose vehicle on any public highway, street, road or alley within the corporate limits of the city unless such person has a valid driver’s license.  Violation of this section is punishable by a fine of not more than $1,000 or by imprisonment for not more than six months or by both such fine and imprisonment.

(b)   Every person operating a special purpose vehicle on the public highways, streets, roads and alleys of the city shall be subject to all of the duties applicable to a driver of a vehicle imposed by law.

(Ord. 2009-06, Sec. 3; Code 2010)

(a)   Every owner of a special purpose vehicle shall provide liability coverage in accordance with Section 200 of the Standard Traffic Ordinance, and amendments thereto, and the Kansas Automobile Injury Reparations Act, K.S.A. 40-3101, et seq., and amendments thereto.

(b)   All provisions of Section 200 of the Standard Traffic Ordinance, and amendments thereto, including penalty provisions, shall be applicable to all owners and operators of special purpose vehicles.

(Ord. 2009-06, Sec. 4; Code 2010)

(a)   Before operating any special purpose vehicle on any public highway, street, road or alley within the corporate limits of the city and each calendar year thereafter, the vehicle shall be registered with the city and a license shall be obtained and placed on the vehicle.  The license fee shall be Twenty Five Dollars ($25.00) per calendar year, payable in advance to the city clerk.  The full amount of the license fee shall be required regardless of the time of year that the application is made.

(b)   Application for registration of a special purpose vehicle shall be made by the owner, or owner’s agent, in the office of the police chief. The application shall be made upon forms provided by the city and each application shall contain the name of the owner, the owner’s residence address, or bona fide place of business, a brief description of the vehicle to be registered (including make, model and serial number, if applicable).  Proof of insurance, as required in section 14-504 shall be furnished at the time of application for registration.

(c)   Prior to the issuance of the registration and license, each applicant for a special purpose vehicle license shall first present such vehicle for an official inspection. If, upon inspection such vehicle is found to be in safe mechanical condition, and upon completion of the registration application, establishing proof of insurance and payment of the fees herein provided, a license shall be issued to the owner who shall attach it to the vehicle.  The license shall be displayed in such a manner as to be clearly visible from the rear of the vehicle.  The license number on the application will be recorded and then filed in the police department.

(d)   It is unlawful for any person to willfully or maliciously remove, destroy, mutilate or alter such license during the time in which the same is operative.

(e)   The license issued hereunder is not transferable.  In the event of sale or other transfer of ownership of any vehicle license under the provisions of this section, the existing license and the right to use the numbered license shall expire, and the license shall be removed by the owner.  It is unlawful for any person other than the person to whom the license was originally issued to have the same in his possession.

(f)   In the event a license is lost or destroyed, the city clerk, upon proper showing by the licensee and the payment of a fee of ten dollars ($10.00), shall issue a new license in accordance with the provisions of this section.

(g)   It shall be unlawful for any person to:

(1)   Operate, or for the owner thereof knowingly to permit the operation, upon a public street, road, highway, or alley within the corporate limits of the city any special purpose vehicle  which is not registered and which does not have attached thereto and displayed thereon the license assigned thereto by the city for the current registration year.

(2)   Display, cause or permit to be displayed or to have in possession, any registration receipt, registration license or registration decal knowing the same to be fictitious or to have been canceled, revoked, suspended or altered. A violation of this subsection (2) shall constitute an unclassified misdemeanor punishable by a fine of not less than $50.00 and forfeiture of the item. A mandatory court appearance shall be required of any person violating this subsection.

(3)   Lend to or knowingly permit the use by one not entitled thereto any registration receipt, registration license plate or registration decal issued to the person so lending or permitting the use thereof.

(4)   Remove, conceal, alter, mark or deface the license number plate, plates or decals, or any other mark of identification upon any special purpose vehicle.  Licenses shall be kept clean and placed as required by law so as to be plainly visible and legible.

(5)   Carry or display a registered number plate or plates or registration decal upon any special purpose vehicle not lawfully issued for such vehicle.

(Ord. 2009-06, Sec. 5; Code 2010)

Unless specifically provided for herein, a violation of this article shall be deemed an ordinance traffic infraction.  Upon an entry of a plea of guilty or no contest or upon being convicted of such violation, the penalty imposed shall for the first conviction thereof be punished by a fine of not more than $250.00 and shall have their privilege to operate or obtain a city license for a special purpose vehicle revoked for one year; for a second such conviction within one year thereafter, such person shall be punished by a fine of not more than $500.00 and shall have their privilege to operate or obtain a city license for a special purpose vehicle revoked for five years; upon a third or subsequent conviction within one year after the first conviction, such person shall be punished by a fine of not more than $1,000.00 and shall have their privilege to operate or obtain a city license for a special purpose vehicle revoked for life.

(Ord. 2009-06, Sec. 6; Code 2010)