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07-10412 Affidavit of Publication 1 Following is a true and correct copy of ORD. NO.07-10412 together with proof of publication of the same. AFFIDAVIT (Published In The form of business or in- occupied by the vehicle Salina Journal dustry, as a means of being overtaken. September 14.2007) earning one's livelihood. (c)No person shall oper- I, Ann Garrison ,being ORDINANCE NUMBER b. Volunteer functions in ate a work-site utility ve- 07-10412 support of nonprofit ac- hide between lanes of AN ORDINANCE tivities such as, but not traffic or between adja- dul sworn,declare that I am the Majors/Nationals AMENDING THE SALINA limited to; Festivals, cent lines or rows of ve- y CODE BY ADDING ARTI-' Fairs, Rodeos, Sports hides. CLE VIII TO CHAPTER 38 Events, Educational (d) Subsections (b) and AUTHORIZING THE OPER- Events and/or mainte- (c)shall not apply to po-i Coordinator of THE SALINA JOURNAL,a daily news- ATION OF WORK-SITE nance of Educational, lice officers or Ire per- UTILITY VEHICLES ON Sports, or Public Park sonnel in the perform- THE STREETS WITHIN facilities. ance of their official du- THE published at Salina,Saline County,Kansas,and THE CORPORATE LIMITS Sec.38-159.Operation of ties. paper ,, a P p `J OF THE CITY OF SALINA. Work-Site Utility Vehicles. Sec. 38-162. Same; WHEREAS, Senate Bill (a) Work-site utility vehi- Clinging to other Vehicles No. 8 on July 1. 2007. went des may be operated upon Prohibited. of general circulation in said county,which newspaper into effect allowing cities to the public highways. streets, No person riding upon a authorize the use of work- roads and alleys within the work-site utility vehicle shall site utility vehicles,and corporate limits of the city attach himself,herself or the has been continuously and uninterruptedly published WHEREAS, Senate Bill subject to the following re- work-site utility vehicle to y I' }�P No. 8 specifically provided strictions. any other vehicle on a road- that it shall be unlawful for (i) Work-site utility vehi- way. any person to operate a 1 des shall be operated Sec. 38-163. Same; Pen- for five consecutive years prior to first publication of at- work-site utility vehicle: (1) only in the most direct alties. On any interstate highway, route during the course A violation of any provision federal highway or state of work as defined in in sections 38-159 through highway; or (2) within the Sec.38-158(b). 38-162 shall be deemed an tached notice,and that the attached corporate limits of any city (ii) No work-site utility ordinance traffic infraction. unless authorized by such vehicle shall be operated Upon entry of a plea of guilty city,and on any public highway, or no contest or upon being ORD.NO.07-10412 WHEREAS, the City of street, road or alley un- convicted of such violation. Salina has considered the is- less such vehicle shall the penalty imposed shall be sue or Work-Site utility vehi- comply with the equip- in accordance with Section Iles and has determined it to ment requirements un- 201, 2007 Standard Traffic has been correctly published in said newspaper 1 - be appropriate and in the ' der the provisions of arti- Ordinance, as amended, or best interests of the corn-, cle 17, chapter 8 of the such other similar provision munity to make said election, Kansas Statutes Anno- as the city may then have in times, the first publication given in • BE IT ORDAINED by the toted. effect." Governing Body of Salina, (iii) No operator shall Section 2.That Article VIII Kansas carry any person. nor is hereby added to the Sali- Section 1. That Chapter shall any person ride, in na Code. the issue of September 14 2007. 38 of the Salina Code is a position that will inter- Section 3. That this ordi- hereby amended by adding fere with the operation or nance shall be in full force an article VIII. to reads as control of the work-site and effect from and after its /- p follows. utility vehicle or the view adoption and publication lW`iU (�- "ARTICLE VIII.WORK-SITE • of the operator. once in the official city news- � ` UTILITY VEHICLES (iv)Every person operat- paper. Sec.38-158.Definitions. ing a work-site utility ve- (a) "Work-Site Utility Ve- hide on the public high- Introduced: Subscribed and sworn to before me,this hide" means any motor ve- ways,streets,roads and August 27,2007 hide which is not less than alleys of the city shall be Passed: 48 inches in width, has an subject to all of the du- overall length, including the ties applicable to a driver September 10,2007 day f �i /'►� r A.D.2007 bumper, of not more than of a vehicle imposed by y 135 inches, has an unladen law. Alan E.Jilka,Mayor 61/ ." weight,including fuel and flu- se o vhall be a fed [SEAL] ids, of more than 800 section shall be deemed pounds and is equipped with a traffic ordinance infrac- tion. ATTEST: LA—'-‘0/ Notary Public four or more low pressure lion. Upon an entry of a tires, a steering wheel and plea of guilty or no con- Lieu Anne Elsey bench or bucket type seating test or upon being con- CMC,City Clerk (If) allowing at least two people victed of such violation, NOTARY PUBLIC-State at Kansas to sit side-by-side. and may the penalty imposed be equipped with a bed or shall be in accordance die 0 WENDY HRO cargo box for hauling materi- als. Standard Traffic Ordi- �"" My Appt.Exp.�- (b)"Work" nance,and amendments a. Performing a particu- thereto, or such other! lar job.task or undertak-, similar provision as the I ing, as either an city may then have in ef- owner/proprietor or while fect. engaged in the employ- Sec. 38-160. Same: Valid ment of another.in some Driver's License Required; Penalty. No person shall operate a' work-site utility vehicle on any public highway, street, road or alley within the cor- porate limits of the city un- less such person has a valid driver's license. Violation of this section is punishable by a fine of not more than 51,000 or by imprisonment for not more than six months or by both such fine and im- prisonment. Sec. 38-161. Same; Roadways Laned for Traf- fic. (a) All work-site utility vehicles are entitled to full use of a lane,and no motor vehicle shall be' driven in such a manner as to deprive any work- site utility vehicle of the full use of a lane. (b) The operator of a work-site utility vehicle shall not overtake and pass in the same lane l •