8.4 Adopt 2012 Standard Traffic OrdinanceCITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
10/15/12 4:00 P.M.
ORIGINATING DEPARTMENT: FISCAL APPROVAL: AGENDA SECTION
NO: 8
BY:
CITY PROSECUTOR FINAL APPROVAL: ITEM
NO:
Page 1
4
BY: Christopher P. Getty BY:
ITEM: Ordinance Number 12-10063
First and second reading of Ordinance No. 12-10663 amending Chapter 38, Article 1 of the City of
Salina Code by adopting the 2012 Standard Traffic Ordinance for Kansas Cities.
BACKGROUND:
The 2012 edition of the Standard Traffic Ordinance for Kansas Cities (STO) has been recently
published by the League of Kansas Municipalities. The new edition incorporates several changes to
the state uniform traffic laws enacted by the 2012 Kansas Legislature. Although the 2012 STO
handbook was recently published, the legislation incorporated in the handbook became state law on
July 1, 2012. As a consequence, it is imperative that the 2012 STO handbook be adopted by the City
Commission to bring the city’s traffic ordinances into conformance with the state uniform traffic laws.
The following summary highlights the STO sections which have been either altered or added as a
result of the 2012 Kansas legislative session:
Section 30: Driving Under the Influence of Intoxicating Liquor or Drugs; Penalties.
This section is amended to remove one of the previous DUI charging alternatives that “[t]he person is
a habitual user of any narcotic, hypnotic, somnifacient or stimulating drug” while operating a motor
vehicle. The section removes the authority of municipal courts to impound or immobilize a convicted
person’s motor vehicle for a period not to exceed one year. In determining whether the DUI is
classified as a first or second offense, the section now provides that any prior conviction for a DUI test
refusal (discussed below), occurring on or after July 1, 2012, shall be considered a prior conviction for
sentencing purposes.
Of financial interest, the 2011 Kansas Legislature increased the mandatory fines imposed for all DUI
convictions by $250. The 2011 DUI bill also provided that the increased $250 fine should be
designated to the Community Corrections Supervision fund as support for this state agency.
However, the applicability of this statute to municipal courts was not clearly addressed by the
Legislature. As a consequence, municipal courts throughout the state had been retaining the
increased $250 fine – to include the Salina Municipal Court. The 2012 legislation now mandates that
municipal courts shall remand the increased fines to this state fund even though Community
Corrections does not provide probation services to municipal courts (only district courts).
Section 30.1: Driving Commercial Motor Vehicle Under the Influence of Intoxicating Liquor or
Drugs; Penalties.
This section is amended to incorporate similar changes as described in Section 30 (the standard DUI
ordinance). This section applies only to operators of commercial vehicles who are charged with
driving under the influence.
Section 30.2.1 Refusal to Submit to Alcohol or Drug Test
This section creates a new misdemeanor offense of Refusal to Submit Alcohol or Drug Test when a
driver has been arrested for operating a motor vehicle while under the influence. The section provides
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
10/15/12 4:00 P.M.
ORIGINATING DEPARTMENT: FISCAL APPROVAL: AGENDA SECTION
NO: 8
BY:
CITY PROSECUTOR FINAL APPROVAL: ITEM
NO:
Page 2
4
BY: Christopher P. Getty BY:
that it is a crime to refuse or complete testing if the person has a prior test refusal or prior conviction
for a DUI or commercial DUI and the prior conviction occurred (1) on or after July 1, 2001 and (2) the
person was 18 years of age or older at the time of the arrest. A first-time test refusal, without a prior
refusal or prior conviction as outlined above, will not constitute a criminal offense under this new
section. The penalties for a first-time DUI refusal conviction are the same imposed for a second
offense DUI conviction. This section only provides that cases involving a first-time refusal shall be
filed in municipal court. Subsequent refusal offenses shall be subject to the jurisdiction of the district
court.
Section 194: Driving While License Canceled, Suspended or Revoked; Penalty.
This section is amended to include a DUI test refusal conviction in special sentencing provisions under
this ordinance. The statute passed by the 2012 Kansas Legislature also permits a person to obtain a
limited class C license for the operation a motorized bicycle while that person’s driving privileges are
suspended for a first-time DUI conviction.
Section 195.1: Driving While Habitual Violator; Penalty.
This section is amended to allow a person whose license has been revoked as a habitual violator to
obtain a limited class C license to operate a motorized bicycle – provided that in the last five years the
person has not had a drug or alcohol test refusal, drug or alcohol test failure, alcohol or drug related
conviction or a conviction for fleeing or eluding a police officer.
ADOPTING ORDINANCE:
As a reminder, the proposed ordinance includes the City’s standing local amendments to the STO as
published. Those standing local amendments are:
Section 33 “Maximum Speed Limits” is amended to address specific speed limits for parks (15
mph), school zones (20 mph), and alleys (10 mph).
Section 85 “Stopping, Standing or Parking Prohibited in Specified Places” is amended by
adding (a)(12) prohibiting stopping, standing, or parking a vehicle alongside the curb of a street
where the curb is painted yellow.
Section 114.4 “Unlawful Operation of a Golf Cart” is amended by adding (a)(4) prohibiting the
operation of a golf cart on any public sidewalk.
FISCAL NOTE: Not applicable
CONFORMANCE WITH THE COMPREHENSIVE PLAN
Not applicable.
RECOMMENDED ACTION:
Approve Ordinance No. 12-10663 on first reading, declare that a compelling public purpose exists,
and adopt the ordinance on the second reading.
Summary published in The Salina Journal on October ___, 2012.
Published on the City of Salina website from October __________, 2012.
ORDINANCE NUMBER 12-10663
AN ORDINANCE PROVIDING FOR THE AMENDMENT OF CHAPTER 38, SECTION 38-1
OF THE SALINA CODE BY ADOPTING THE 2010 STANDARD TRAFFIC ORDINANCE
AND LOCAL AMENDMENT S AND REPEALING THE EXISTING SECTION.
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. Amendment. That Section 38-1 of Chapter 38 of the Salina Code is hereby amended to
read as follows:
Sec. 38-1. Incorporating Standard Traffic Ordinance.
(a) Incorporation by reference. There is hereby incorporated by reference for the
purpose of regulating traffic within the corporate limits of the City of Salina, Kansas, that
certain standard traffic ordinance known as the 'Standard Traffic Ordinance for Kansas
Cities,' 40th Edition (2012), prepared and published in book form by the League of Kansas
Municipalities, Topeka, Kansas, except as Sections 33 and 85 contained therein are
modified as set forth in paragraphs (b) and (c) below. No fewer than three (3) copies of the
Standard Traffic Ordinance shall be marked or stamped 'Office Copy as Adopted by
Ordinance Number 12-10663, 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.
(b) Amendment. Section 33 of the Standard Traffic Ordinance is hereby amended to
read as follows:
“Section 33. Maximum speed limits.
(a) Except when a special hazard exists that requires lower speed for compliance with
Section 32, the limits specified in this section or established as hereinafter
authorized shall be maximum lawful speeds, and no person shall drive a vehicle at
a speed in excess of such maximum limits:
(1) In any city park, fifteen (15) miles per hour, unless posted differently, in
which case the maximum speed limit shall be the posted speed limit;
(2) In any school zone, twenty (20) miles per hour;
(3) In any non-arterial residential district, thirty (30) miles per hour;
(4) In any alley, ten (10) miles per hour;
(5) In all other locations, fifty-five (55) miles per hour, unless posted differently,
in which case the maximum speed limit shall be the posted speed limit.
The maximum speed limits established by or pursuant to this paragraph shall be
of force and effect regardless of whether signs are posted giving notice thereof.
(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 provision 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) Amendment. Section 85 of the Standard Traffic Ordinance is hereby amended to
read as follows:
"Section 85. Stopping, Standing or Parking Prohibited in Specified Places.
Except when necessary to avoid conflict with other traffic, or in compliance with
law or the directions of a police officer or official traffic-control device, no person
shall:
(a) Stop, stand or park a vehicle:
(1) On the roadway side of any vehicle stopped or parked at the edge or curb
of a street;
(2) On a sidewalk;
(3) Within an intersection;
(4) On a crosswalk;
(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) Alongside or opposite any street excavation or obstruction when stopping,
standing or parking would obstruct traffic;
(7) Upon any bridge or other elevated structure upon a highway or within a
highway tunnel;
(8) On any railroad tracks;
(9) On any controlled-access highway;
(10) In the area between roadways of a divided highway, including crossovers;
(11) At any place where official signs prohibit stopping; or
(12) Alongside the curb of a street where the curb is painted yellow.
(b) Stand or park a vehicle, whether occupied or not except momentarily to pick up
or discharge a passenger or passengers:
(1) In front of a public or private driveway;
(2) Within 15 feet of a fire hydrant;
(3) Within 20 feet of a crosswalk at an intersection;
(4) Within 30 feet upon the approach to any flashing signal, stop sign or traffic-
control signal located at the side of the roadway;
(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;
(6) At any place when official signs prohibit standing.
(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) Within 50 feet of the nearest rail of a railroad crossing;
(2) At any place where official signs prohibit parking.
(d) No person shall move a vehicle not lawfully under his control into any such
prohibited area or away from a curb such a distance as is unlawful.
(e) No person shall stand or park a vehicle in areas designated as fire lanes upon
public or private property.
(d) Amendment. Section 114.4 of the Standard Traffic Ordinance is hereby amended to
read as follows:
"Section 114.4. Unlawful Operation of a Golf Cart
(a) It shall be unlawful for any person to operate a golf cart:
(1) On any interstate highway, federal highway, or state highway;
(2) On any public highway or street within the corporate limits of the City of
Salina;
(3) On any street or highway with a posted speed limit greater than 30 miles
per hour; or
(4) On any public sidewalk.
(b) The provisions of subsection (a) shall not prohibit a golf cart from crossing a
federal, state or local street or highway or a sidewalk within a crosswalk.
(c) A golf cart shall be operated on any public street or highway in compliance with
provisions of subsection (b) only during the hours between sunrise and sunset
(K.S.A. Supp. 8-15, 108)
Section 2. Repealer. That the existing Section 38-1 of the Salina Code is hereby repealed.
Section 3. Summary of ordinance for publication. This ordinance shall be published by the
following summary:
Ordinance No. 12-10663 Summary
On October 15, 2012, the City of Salina, Kansas, passed Ordinance No. 12-10663. The
ordinance amends Section 38-1 of the Salina Code by adopting the 2012 Standard
Traffic Ordinance along with local amendments to Sections 33 (Maximum Speed
Limits), 85 (Stopping, Standing or Parking Prohibited in Specified Places), and 114.4
(Unlawful Operation of a Golf Cart. A complete copy of the ordinance is available at
www.salina‐ks.gov or in the office of the city clerk, 300 W. Ash Street, free of charge.
This summary is certified by the city attorney.
Section 4. Effective Date. This ordinance shall be in full force and effect from and after its adoption
and publication by summary once in the official city newspaper.
Introduced: October 15, 2012
Passed: October 15, 2012
Norman M. Jennings, Mayor
[SEAL]
ATTEST:
Lieu Ann Elsey, CMC, City Clerk