07-10412 Work Site Utility Vehicles(Published in the Salina Journal on September 19, 2007.)
ORDINANCE NUMBER 07-10412
AN ORDINANCE AMENDING THE SALINA CODE BY ADDING ARTICLE VIII
TO CHAPTER 38 AUTHORIZING THE OPERATION OF WORK -SITE UTILITY
VEHICLES ON THE STREETS WITHIN THE CORPORATE LIMITS OF THE CITY OF
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SALINA.
WHEREAS, Senate Bill No. 8 on July 1, 2007, went into effect allowing cities to authorize
the use of work -site utility vehicles, and
" WHEREAS, Senate Bill No. 8 specifically provided that it shall be unlawful for any person
to operate a work -site utility vehicle: (1) On any interstate highway, federal highway or state
highway; or (2) within the corporate limits of any city unless authorized by such city, and
WHEREAS, the City of Salina has considered the issue or Work -Site utility vehicles and
has determined it to be appropriate and in the best interests of the community to make said election,
BE IT ORDAINED by the Governing Body of Salina, Kansas
Section 1. That Chapter 38 of the Salina Code is hereby amended by adding an article VIII,
to reads as follows:
"ARTICLE VIII. WORK -SITE UTILITY VEHICLES
Sec. 38-158. Definitions.
(a) "Work -Site Utility Vehicle" means any motor vehicle which is not less than 48 inches
in width, has an overall length, including the bumper, of not more than 135 inches, has
an unladen weight, including fuel and fluids, of more than 800 pounds and is equipped
with four or more low pressure tires, a steering wheel and bench or bucket type seating
allowing at least two people to sit side-by-side, and may be equipped with a bed or cargo
box for hauling materials.
(b) "Work"
a. Performing a particular job, task or undertaking, as either an owner/proprietor or
while engaged in the employment of another, in some form of business or
industry, as a means of earning one's livelihood.
b. Volunteer functions in support of nonprofit activities such as, but not limited to;
Festivals, Fairs, Rodeos, Sports Events, Educational Events and/or maintenance
of Educational, Sports; or Public Park facilities.
Sec. 38-159. Operation of Work -Site Utility Vehicles.
(a) Work -site utility vehicles may be operated upon the public highways, streets, roads and
alleys within the corporate limits of the city subject to the following restrictions.
(i) Work -site utility vehicles shall be operated only in the most direct route during the
course of work as defined in Sec. 38-158(b).
(ii) No work -site utility vehicle shall be operated on any public highway, street, road
or alley unless such vehicle shall comply with the equipment requirements under
the provisions of article 17, chapter 8 of the Kansas Statutes Annotated.
II (iii) No operator shall carry any person, nor shall any person ride, in a position that will
interfere with the operation or control of the work -site utility vehicle or the view of
the operator.
(iv) Every person operating a work -site utility vehicle on the public highways, streets,
roads and alleys of the city shall be subject to all of the duties applicable to a driver
of a vehicle imposed by law.
(v) A violation of this section shall be deemed a traffic ordinance infraction. Upon an
entry of a plea of guilty or no contest or upon being convicted of such violation,
the penalty imposed shall be in accordance with Section 201, 2007 Standard
Traffic Ordinance, and amendments thereto, or such other similar provision as the
city may then have in effect.
Sec. 38-160. Same: Valid Driver's License Required; Penalty.
No person shall operate a work -site utility vehicle on any public highway, street, road or
alley within the corporate limits of the city unless such person has a valid driver's license.
Violation of this section is punishable by a fine of not more than $1,000 or by imprisonment
for not more than six months or by both such fine and imprisonment.
Sec. 38-161. Same; Roadways Laned for Traffic.
(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
occupied by the vehicle being overtaken.
' (c) No person shall operate a work -site utility vehicle between lanes of traffic or between
adjacent lines or rows of vehicles.
(d) Subsections (b) and (c) shall not apply to police officers or fire personnel in the
performance of their official duties.
C'
Sec. 38-162. Same; Clinging to other Vehicles Prohibited.
No person riding upon a work -site utility vehicle shall attach himself, herself or the work-
site utility vehicle to any other vehicle on a roadway.
Sec. 38-163. Same; Penalties.
A violation of any provision in sections 38-159 through 38-162 shall be deemed an
ordinance traffic infraction. Upon entry of a plea of guilty or no contest or upon being
convicted of such violation, the penalty imposed shall be in accordance with Section 201,
2007 Standard Traffic Ordinance, as amended, or such other similar provision as the city
may then have in effect."
Section 2. That Article VIII is hereby added to the Salina Code.
Section 3. That this ordinance shall be in full force and effect from and after its adoption
and publication once in the official city newspaper.
[SEAL]
ATTEST:
Lieu Anne Elsey, CMC, City Clerk
Introduced: August 27, 2007
Passed: September 10, 2007
4 �ayAlan E. Jilka,'ay