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8.12 Adopt 2006 Standard Traffic Ordinance CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 08/28/2006 4:00 P.M. AGENDA SECTION ORIGINATING DEPARTMENT: APPROVED FOR NO: 8 AGENDA: CITY PROSECUTOR ITEM NO. 12 BY: BY: Jennifer Wyatt Page 1 ITEM: First and second reading Ordinance Number 06-10357 amending Chapter 38, Article1of the Salina Code by adopting the 2006 Standard Traffic Ordinance. Background: The 2006 edition of the Standard Traffic Ordinance (STO) has recently been issued by the League of Kansas Municipalities. The new edition incorporates changes in state law adopted during the 2006 legislative session. City staff is recommending emergency consideration for both first and second reading at Monday’s meeting, as changes in the state law took effect on July 1, 2006. The following is a list of the only STO sections changed or added as a result of the last legislative session: Section 1 Definitions. Definition of School Crossing Guard is added. Definition of Work-Site Utility Vehicle is added. Section 23 Accident Involving Death or Personal Injuries; Penalties. Changes penalties depending on nature of injuries and damages. Section 27 Duty to Report Accidents. Adds the requirement that an occupant required to give notice be at least 18 years of age. Section 30.2 Preliminary Breath Test. Clarifies that an officer must have “reasonable suspicion” rather than “reasonable grounds” that a person is under the influence before requiring a person to submit to a test. Section 61.1 Passing When Near Stationary Authorized Emergency Vehicles. Adds that a driver shall not pass another vehicle within 100 feet of a stationary authorized vehicle which is engaged in work and displays flashing lights. Section 62 Highway Construction and Maintenance. Adds additional requirements for drivers approaching stationary authorized vehicles displaying flashing lights. Section 64.1 School Crossing Guard; Disobeying. New section which makes it unlawful to refuse to comply with an order of of a school crossing guard. Section 141 Motorcycle Footrests and Handlebars. Deletes the provision that prohibits operating a motorcycle with handlebars that keep the driver’s hands above shoulder level when sitting astride the motorcycle. Section 144 When Lighted lamps Required, Visibility Distance and Mounted Height of Lamps. Requires vehicles to display lamps when persons and vehicles on the highway are not CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 08/28/2006 4:00 P.M. AGENDA SECTION ORIGINATING DEPARTMENT: APPROVED FOR NO: 8 AGENDA: CITY PROSECUTOR ITEM NO. 12 BY: BY: Jennifer Wyatt Page 2 clearly visible at 1,000 feet. Also requires lamps to be displayed anytime windshield wipers are in continuous use. Section 182 Child Passenger Safety Restraining System. Establishes additional requirements for children up to 14 years of age, depending on age, height and weight. Section 194 Driving While License Canceled, Suspended or Revoked; Penalty. Increases the minimum penalties for third and subsequent convictions to 90 days in jail and a $1500 fine. Section 195.1 Operation of a Motor Vehicle When a Habitual Violator. Increases the minimum penalties for third and subsequent convictions to 90 days in jail and a $1500 fine. Section 198 Vehicle License; Illegal Tag. Adds a minimum fine of $500 for a violation by someone claiming the vehicle is exempt as a self-propelled crane. RECOMMENDED ACTION: Pass Ordinance 06-10357 on first reading, declare that an emergency exists so that second reading can take place on the same day, and pass the ordinance on second reading.