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8.2 1998 STO CITY OF SALINA REQUEST FOR COMMISSION ACTION DATE TIME 08/10/98 4:00 P.M. AGENDA SECTION: ORIGINATING DEPARTMENT: APPROVED FOR NO. 8 City Attomey AG EN DA: ITEM NO. 2 Greg Bengtson BY: BY: ~ Item First reading Ordinance Number 98-9886 amending Chapter 38 of the Salina Code by adopting the 1998 Standard Traffic Ordinance. Back~round The 1998 Edition of the Standard Traffic Ordinance (STO) has been issued by the League of Kansas Municipalities. The new edition incorporates changes in state law adopted during the 1998 legislative session. The proposed ordinance incorporates the STO by reference and sets out separately the City's amended versions of Section 33 regarding maximum speed limits (more detailed than the STO) and Section 85 regarding stopping, standing or parking (adds prohibition against parking alongside yellow' painted curbs). Only five sections of the STO have been modified from the 1997 version: Section 30 - Driving Under the Influence of Intoxicating Liquor or Drugs; Penalties. The 1997 version of the STO provides minimum and maximum penalties for first, second, and third or subsequent convictions. A 1997 Kansas Supreme Court case held that municipalities may not prosecute, pursuant to a city ordinance, the third or subsequent violations for driving under the influence of alcohol, as such crimes are designated felonies by K.S.A. 8-1567(0. Consequently, Section 30 of the 1998 STO no longer refers to penalties for third or subsequent penalties. Section 31 - Fleein~ or Attemotin~ to Elude a Police Officer. A footnote has been added to Section 31 outlining certain acts which if committed during a police pursuit are felonies and are subject to prosecution in district court. Section 57 - Vehicles Approaching or Entering Intersection. The 1997 version begins: "When two vehicles enter an intersection .... "The 1998 version begins with: "When two vehicles approach or enter an intersection .... " Section 93 - Parking Disabled or Other Vehicles. The new section is slightly reworded with no substantive changes. Section 198 - Vehicle License: Illegal Tag. Subparagraph (a)(2) of Section 198 makes it unlawful to display or possess any registration receipt, certificate of title, registration license plate, registration decal, accessible parking placard or accessible parking identification card knowing the same to be fictitious, canceled, revoked, suspended or altered. The new language clarifies that (a)(2) does not apply to model year license plates on antique vehicles and distinctive license plates allowed under Kansas law. Recommendation Adopt Ordinance Number 98-9886.