85-9079 STO Local Amendments(Published in The Salina Journal July 11 , 1985)
ORDINANCE NO. 85-9079
AN ORDINANCE CONCERNING THE STANDARD TRAFFIC ORDINANCE
FOR KANSAS CITIES, EDITION OF 1985; AMENDING SECTION 30 OF SAID
ORDINANCE RELATING TO DRIVING WHILE UNDER THE INFLUENCE OF
INTOXICATING LIQUOR OR DRUGS; AMENDING SECTION 194 RELATING TO
DRIVING WHILE A LICENSE IS CANCELED, SUSPENDED OR REVOKED; ADDING
A NEW SECTION NUMBERED 201a RELATING TO FAILURE TO COMPLY WITH A
TRAFFIC CITATION; AND REPEALING THE ORIGINAL SECTIONS 30 AND 194 OF
SAID ORDINANCE.
BE IT ORDAINED by the Governing Body of the City of Salina,
Kansas:
Section 1. That Section 30 of the Standard Traffic Ordinance for
Kansas Cities, edition of 1985, is hereby amended to read as follows:
"Section 30. Driving under the influence of intoxicating
Iliquor or rugs; Penalties.
(a) No person shall operate or attempt to operate any
vehicle within this city while:
(1) The alcohol concentration in the person's blood or
breath, at the time or within two hours after the
person operated or attempted to operate the
vehicle, is .10 or more;
(2) under the influence of alcohol;
(3) under the influence of any drug or combination of
drugs to a degree that renders the person
incapable of safely driving a vehicle; or
(4) under the influence of a combination of alcohol and
any drug or drugs to a degree that renders the
person incapable of safely driving a vehicle.
(b) No person shall operate or attempt to operate any
vehicle within this city if the person is a habitual user
of any narcotic, hypnotic, somnifacient or stimulating
drug.
(c) If a person is charged with a violation of this section
involving drugs, the fact that the person is or has
been entitled to use the drug under the laws of this
state shall not constitute a defense against the charge.
(d) Upon a first conviction of a violation of this section, a
person shall be sentenced to not less than 48
consecutive hours' nor more than six months'
imprisonment, or in the court's discretion 100 hours of
public service, and fined not less than $200 nor more
than $500. The person convicted must serve at least 48
consecutive hours imprisonment or 100 hours of public
service either before or as a condition of any grant of
probation or suspension, reduction of sentence or
parole. In addition, the court shall enter an order
which (1) suspends the person's driver's license for a
period of one year or, in lieu thereof, suspends the
person's driver's license for 21 days or until the person
completes any educational and treatment programs
required by the court, whichever is longer, and
thereafter places restrictions on the person's driver's
license, as provided in K.S.A. Supp. 8-292 for the
remainder of the one-year period; and (2) requires that
the person enroll in and successfully complete an
alcohol and drug safety action program or a treatment
program as provided in K.S.A. Supp. 8-1008, or both
the education and treatment programs.
(e) On a second conviction of a violation of this section, a
person shall be sentenced to not less than 90 days' nor
more than one year's imprisonment and fined not less
that $500 nor more than $1,000. The person convicted
must serve at least five consecutive days' imprisonment
before the person is granted probation, suspension or
reduction of sentence or parole or is otherwise
released. As a condition of any grant of probation,
suspension of sentence or parole or of any other
release, the person shall be required to enter into and
complete a treatment program for alcohol and drug
abuse as provided in K.S.A. Supp. 8-1008. In
addition, the court shall enter an order which suspends
the driver's license of the convicted person for a period
of one year or, in lieu thereof, suspends the person's
driver license for 120 days or until the person
completes the treatment program approved by the court,
whichever is longer, and thereafter places restrictions
on the person's driver's license, as provided in K.S.A.
Supp. 8-292, for the remainder of the one-year period.
(f) On the third or subsequent conviction of a violation of
this section, a person shall be sentenced to not less
than 90 days' nor more than one year's imprisonment
and fined not less than $1,000 nor more than $2,500.
The person convicted shall not be eligible for release on
probation, suspension or reduction of sentence or
parole until the person has served at least 90 days'
imprisonment. The court may also require as a
condition of parole that such person enter into and
complete a treatment program for alcohol and drug
abuse as provided by K.S.A. Supp. 8-1008. In
addition, the court shall revoke the driver's license of
the convicted person for the period of time specified for
the revocation of a driver's license under subsection
(k) and in accordance with the procedure for revoking
a driver's license under subsection (1) .
(g) The court may establish the terms and time for payment
of any fines, fees, assessments and costs imposed
pursuant to this section. Any assessment and costs
shall be required to be paid not later than 90 days
after imposed, and any remainder of the fine shall be
paid prior to the final release of the defendant by the
court.
(h) In lieu of payment of a fine imposed pursuant to this
section, the court may order that the person perform
community service specified by the court. The person
shall receive a credit on the fine imposed in an amount
equal to $5 for each full hour spent by the person in
the specified community service. The community
service ordered by the court shall be required to be
performed not later than one year after the fine is
imposed or by an earlier date specified by the court.
If by the required date the person performs an
insufficient amount of community service to reduce to
zero the portion of the fine required to be paid by the
person, the remaining balance of the fine shall become
due on that date.
(i) The court shall report every conviction of a violation of
this section and every diversion agreement entered into
in lieu of further criminal proceedings or a complaint
alleging a violation of this section to the division.
Prior to sentencing under the provisions of this
section, the court shall request and shall receive from
the division a record of all prior convictions obtained
against such person for any violations of any of the
motor vehicle laws of this state.
(3) only convictions occurring in the immediately
preceding five years, including prior to the
effective date of this act, shall be taken into
account, but the court may consider other prior
convictions in determining the sentence to be
imposed within the limits provided for a first,
second, third or subsequent offender, whichever
is applicable; and
(4) it is irrelevant whether an offense occurred before
or after conviction for a previous offense.
(j) For the purpose of determining whether a
conviction is
this section and in lieu of any restrictions on or
a first, second, third or subsequent
conviction in
sentencing under this section:
privilege to operate a motor vehicle on the public
(1) 'Conviction' includes being convicted
of a violation
of this section or entering into
a diversion
section, the person whose license or privilege has been
agreement in lieu of further criminal
proceedings
on a complaint alleging a violation of
this section;
the date of revocation. On conviction of a third or
(2) 'conviction' includes being convicted
of law of another
of a violation
state or an ordinance
of any
period set by the court at not less than one year.
municipality which prohibits the acts that this
section prohibits or entering into
a diversion
agreement in lieu of further criminal
proceedings
in a case alleging a violation of such a law or
ordinance;
(3) only convictions occurring in the immediately
preceding five years, including prior to the
effective date of this act, shall be taken into
account, but the court may consider other prior
convictions in determining the sentence to be
imposed within the limits provided for a first,
second, third or subsequent offender, whichever
is applicable; and
(4) it is irrelevant whether an offense occurred before
or after conviction for a previous offense.
(1) Upon suspending or revoking any license pursuant to
this section, the court shall require that such license
be surrendered to the court. The court shall transmit
the license to the division to be retained by the
division until further order of the court. Whenever the
court restores the privilege to operate a motor vehicle
on the public highways of this state to any person
whose license was suspended or revoked pursuant to
this section, the court shall notify the division.
(m) If a person is convicted under this section or K.S.A.
Supp. 8-1567, or under a city ordinance declaring acts
prohibited or made unlawful by this section, already
has a suspended or revoked driver's license, any
period of license suspension or revocation under this
section shall not begin until the prior period of
suspension or revocation has elapsed.
(n) No plea bargaining agreement shall be entered into nor
shall any judge approve a plea bargaining agreement
entered into for the purpose of permitting a person
charged with a violation of this section to avoid the
mandatory penalties established by this section. For
the purpose of this subsection, entering into a
diversion agreement pursuant to K.S.A. 12-4413 et
seq., shall not constitute plea bargaining.
(o) The alternatives set out in subsections (a) (1) and (21
may be pleaded in the alternative, and the city may,
(k) In addition to any fine or imprisonment imposed under
this section and in lieu of any restrictions on or
suspension of a driver's license under this section, the
court may revoke the person's driver's license or
privilege to operate a motor vehicle on the public
highways of this state. Whenever a license or privilege
to operate a motor vehicle is revoked pursuant to this
section, the person whose license or privilege has been
revoked shall not be entitled to have such license or
privilege restored until the expiration of one year from
the date of revocation. On conviction of a third or
subsequent violation of this section, revocation
pursuant to this subsection shall be mandatory for a
period set by the court at not less than one year.
(1) Upon suspending or revoking any license pursuant to
this section, the court shall require that such license
be surrendered to the court. The court shall transmit
the license to the division to be retained by the
division until further order of the court. Whenever the
court restores the privilege to operate a motor vehicle
on the public highways of this state to any person
whose license was suspended or revoked pursuant to
this section, the court shall notify the division.
(m) If a person is convicted under this section or K.S.A.
Supp. 8-1567, or under a city ordinance declaring acts
prohibited or made unlawful by this section, already
has a suspended or revoked driver's license, any
period of license suspension or revocation under this
section shall not begin until the prior period of
suspension or revocation has elapsed.
(n) No plea bargaining agreement shall be entered into nor
shall any judge approve a plea bargaining agreement
entered into for the purpose of permitting a person
charged with a violation of this section to avoid the
mandatory penalties established by this section. For
the purpose of this subsection, entering into a
diversion agreement pursuant to K.S.A. 12-4413 et
seq., shall not constitute plea bargaining.
(o) The alternatives set out in subsections (a) (1) and (21
may be pleaded in the alternative, and the city may,
but shall not be required to, elect one of the two prior
to submission of the case to the court."
Section 2. That Section 194 of the Standard Traffic Ordinance for
or revoked; Penalty.
(a) (1) Any person who drives a motor vehicle on any
street or highway of this city at a time when such
person's privilege so to do is canceled, suspended
or revoked shall upon conviction be punished by
imprisonment for not more than six months or fined
not to exceed $500, or both.
(2) No person shall be convicted under this section if
such person was entitled at the time of arrest
under K.S.A. 8-257, to the return of such
person's driver's license or was, at the time of
arrest, eligible under K.S.A. 8-256, to apply for a
new license to operate a motor vehicle.
(3) Except as otherwise provided by subsection
(a)(4), every person convicted under this section
shall be sentenced to at least five days in
imprisonment and fined at least $100 and upon a
second or subsequent conviction shall not be
eligible for parole until completion of five days'
imprisonment.
11 (4) If a person (A) is convicted of a violation of this
section, committed while the person's privilege to
drive was suspended or revoked for a violation of
Section 30 of this ordinance or K.S.A. 8-1567, or
any ordinance of any city or a law of another
state, which ordinance or law prohibits the acts
prohibited by Section 30 of this ordinance or
K.S.A. Supp. 8-1567, and (B) is or has been also
convicted of a violation of Section 30 of this
ordinance or K.S.A. 8-1567 or of a municipal
ordinance or law of another state, which ordinance
or law prohibits the acts prohibited by Section 30
of this ordinance or K.S.A. 8-1567, committed
while the person's privilege to drive was so
suspended or revoked, the person shall not be
eligible for suspension of sentence, probation or
parole until the person has served at least 90
days' imprisonment, and any fine imposed on such
person shall be in addition to such a term of
imprisonment.
(b) For the purposes of determining whether a conviction is
a first, second, third or subsequent conviction in
sentencing under this section, 'conviction' includes a
conviction of a violation of any ordinance of any city or
a law of another state which is in substantial conformity
with this section."
Section 3. That the following section numbered Section 201a is
hereby added to and made a part of the Standard Traffic Ordinance for Kansas
Cities, edition of 1985.
"Section 201a. Failure to comply with traffic citation.
(a) It shall be unlawful to fail to comply with a traffic
citation. Failure to comply with a traffic citation means
failure either to (1) appear before the municipal court
in response to a traffic citation and pay in full any fine
and court costs imposed or (2) otherwise comply with a
Kansas Cities, edition of
1985, is hereby amended
to read as
follows:
"Section 194.
Driving while license
canceled,
suspended
or revoked; Penalty.
(a) (1) Any person who drives a motor vehicle on any
street or highway of this city at a time when such
person's privilege so to do is canceled, suspended
or revoked shall upon conviction be punished by
imprisonment for not more than six months or fined
not to exceed $500, or both.
(2) No person shall be convicted under this section if
such person was entitled at the time of arrest
under K.S.A. 8-257, to the return of such
person's driver's license or was, at the time of
arrest, eligible under K.S.A. 8-256, to apply for a
new license to operate a motor vehicle.
(3) Except as otherwise provided by subsection
(a)(4), every person convicted under this section
shall be sentenced to at least five days in
imprisonment and fined at least $100 and upon a
second or subsequent conviction shall not be
eligible for parole until completion of five days'
imprisonment.
11 (4) If a person (A) is convicted of a violation of this
section, committed while the person's privilege to
drive was suspended or revoked for a violation of
Section 30 of this ordinance or K.S.A. 8-1567, or
any ordinance of any city or a law of another
state, which ordinance or law prohibits the acts
prohibited by Section 30 of this ordinance or
K.S.A. Supp. 8-1567, and (B) is or has been also
convicted of a violation of Section 30 of this
ordinance or K.S.A. 8-1567 or of a municipal
ordinance or law of another state, which ordinance
or law prohibits the acts prohibited by Section 30
of this ordinance or K.S.A. 8-1567, committed
while the person's privilege to drive was so
suspended or revoked, the person shall not be
eligible for suspension of sentence, probation or
parole until the person has served at least 90
days' imprisonment, and any fine imposed on such
person shall be in addition to such a term of
imprisonment.
(b) For the purposes of determining whether a conviction is
a first, second, third or subsequent conviction in
sentencing under this section, 'conviction' includes a
conviction of a violation of any ordinance of any city or
a law of another state which is in substantial conformity
with this section."
Section 3. That the following section numbered Section 201a is
hereby added to and made a part of the Standard Traffic Ordinance for Kansas
Cities, edition of 1985.
"Section 201a. Failure to comply with traffic citation.
(a) It shall be unlawful to fail to comply with a traffic
citation. Failure to comply with a traffic citation means
failure either to (1) appear before the municipal court
in response to a traffic citation and pay in full any fine
and court costs imposed or (2) otherwise comply with a
stopping, the municipal court shall mail notice to the
person that if the person does not appear in municipal
court or pay all fines, court costs, and any penalties
within 30 days from the date of mailing, the division of
vehicles will be notified to suspend the person's driving
privileges. Upon the person's failure to comply within
such 30 days, the municipal court shall notify the
division of vehicles and assess a reinstatement fee of
$25 for each charge in which the person failed to make
satisfaction regardless of the disposition of the charge
for which such citation was originally issued. Such
reinstatement fee shall be in addition to any fine or
court costs and other penalties."
Section 4. That the existing Sections 30 and 194 of the Standard
Traffic Ordinance for Kansas Cities, edition of 1985, are hereby repealed.
Section 5. That this ordinance shall be in full force and effect from
and after its adoption and publication once in the official city newspaper.
1
[SEAL]
ATTEST:
Aicn�
, `
D. L. Harrison, City Clerk
1
Introduced: July 8, 1985
Passed: July 15, 1985
t
d% ,!rte-{�
Jos ph. M. Ritter, Acting Mayor
traffic citation issued for
an
ordinance
traffic
infraction. Failure to comply
with
a traffic
citation
shall be unlawful regardless of
the
disposition
of the
charge for which such citation
was
originally
issued.
(b) In addition to penalties of
law
applicable
under
subsection (a) , when a person
fails
to comply
with a
traffic citation, except for illegal parking, standing
or
stopping, the municipal court shall mail notice to the
person that if the person does not appear in municipal
court or pay all fines, court costs, and any penalties
within 30 days from the date of mailing, the division of
vehicles will be notified to suspend the person's driving
privileges. Upon the person's failure to comply within
such 30 days, the municipal court shall notify the
division of vehicles and assess a reinstatement fee of
$25 for each charge in which the person failed to make
satisfaction regardless of the disposition of the charge
for which such citation was originally issued. Such
reinstatement fee shall be in addition to any fine or
court costs and other penalties."
Section 4. That the existing Sections 30 and 194 of the Standard
Traffic Ordinance for Kansas Cities, edition of 1985, are hereby repealed.
Section 5. That this ordinance shall be in full force and effect from
and after its adoption and publication once in the official city newspaper.
1
[SEAL]
ATTEST:
Aicn�
, `
D. L. Harrison, City Clerk
1
Introduced: July 8, 1985
Passed: July 15, 1985
t
d% ,!rte-{�
Jos ph. M. Ritter, Acting Mayor