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.