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93-9578 1992 STOKuf,n-Cox Printino —Salina, Kansas REPEALED nca r;* )IINANCE NO.. 9 y j,411 a2 (Published in The Salina Journal June , 1993) ORDINANCE NUMBER 93-9578 AN ORDINANCE REGULATING TRAFFIC WITHIN THE CORPORATE LIMITS OF THE CITY OF SALINA, KANSAS; INCORPORATING BY REFERENCE THE "STANDARD TRAFFIC ORDINANCE FOR KANSAS CITIES," EDITION OF 1992; AND REPEALING THE EXISTING SECTION 38-1 OF THE SALINA CODE. Kansas: BE IT ORDAINED by the Governing Body of the City of Salina, Section 1. That Section 38-1 of the Salina Code is hereby amended to read as follows: "Section 38-1. Incorporating Standard Traffic Ordinance. (a) Incorporation by reference. There is hereby incorporated by reference for the purpose of regulating traffic within the corporate limits of the City of Salina, Kansas, that certain standard traffic ordinance known as the 'Standard Traffic Ordinance for Kansas Cities,' Edition of 1992, prepared and published in book form by the League of Kansas Municipalities, Topeka, Kansas, except as Section 33 contained therein is modified as set forth in Section 2 below. No fewer than three (3) copies of the Standard Traffic Ordinance shall be marked or stamped "Office Copy as Adopted by Ordinance Number 92-9535", with all sections or portions thereof intended to be omitted or changed clearly marked to show any such omission or change and to which shall be attached a copy of this ordinance, and filed with the City Clerk to be open to inspection and available to the public at all reasonable hours. (b) Amendment. Section 30 of the Standard Traffic Ordinance is hereby amended to read as follows: "Section 30. Driving Under the Influence of Intoxicating Liquor or Drugs; 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 as shown by any competent evidence, including other competent evidence, is .08 or more; (2) The alcohol concentration in the person's blood or breath, as measured within two hours of the time of operating or attempting to operate a vehicle, is .08 or more; (3) Under the influence of alcohol; (4) Under the influence of any drug or combination of drugs to a degree that renders the person incapable of safely driving a vehicle; or (5) 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. K0,n o. Priming — Salina, Kansas (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 requires that the person enroll in and successfully complete an alcohol and drug safety action education program or treatment program as provided in K.S.A. 8-1008, and amendments thereto, 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 than $500 nor more than $1,000. The five days' imprisonment mandated by this subsection may be served in a work release program only after such person has served 48 consecutive hours' imprisonment, provided such work release program requires such person to confinement at the end of each day in the work release program. Except as provided in subsection (g), 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. 8-1008, and amendments thereto. (f) On the third or a 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. Except as provided in subsection (g), 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. 8-1008, and amendments thereto. The 90 days' imprisonment mandated by this subsection may be served in a work release program only after such person has served 48 consecutive hours' imprisonment, provided such work release program requires such person to return to confinement at the end of each day in the work release program. (g) On a second or subsequent conviction of a violation of this section, the court may place the person convicted under a house arrest program to serve the remainder of the minimum sentence only after such person has served 48 consecutive hours' imprisonment. (h) 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 K.h,-Cox Printing — Salina, Kansas shall be paid prior to the final release of the defendant by the court. (i) 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. (j) 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. (k) For the purpose of determining whether a conviction is a first, second, third or subsequent conviction in sentencing under this section: (1) "Conviction" includes being convicted of a violation of this section or entering into a diversion agreement in lieu of further criminal proceedings on a complaint alleging a violation of this section; (2) "Conviction" includes being convicted of a violation of a law of any state or an ordinance of any city, or resolution of any county, 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 law, ordinance or resolution; (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 conviction of a person of a violation of this section, the division, upon receiving a report of conviction, shall suspend, restrict or suspend and restrict the person's driving privileges as provided by K.S.A. 8-1014, and amendments thereto. (m) Upon conviction of a person of a violation of this section, the court may order the convicted person to pay restitution to any victim who suffered loss due to the violation for which the person was convicted. Kuhn -Cox Priming — Salina, Kansas (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 seg. , and amendments thereto, shall not constitute plea bargaining. (o) The alternatives set out in subsections (a)(1), (2) and (3) may be pleaded in the alternative, and the city may, but shall not be required to, elect one or two of the three prior to submission of the case to the fact finder. (K.S.A. 8-1567) (c) Amendment. Section 33 of the Standard Traffic Ordinance is hereby amended to read as follows: "Section 33. Maximum speed limits. (a) Except when a special hazard exists that requires lower speed for compliance with Section 32, the limits specified in this section or established as hereinafter authorized shall be maximum lawful speeds, and no person shall drive a vehicle at a speed in excess of such maximum limits: (1) In any city park, fifteen (15) miles per hour; (2) In any school zone or business district, twenty (20) miles per hour; (3) In any residential district, thirty (30) miles per hour; (4) In any alley, ten (10) miles per hour; (5) In all other locations, fifty-five (55) miles per hour, unless posted differently, in which case the maximum speed limit shall be the posted speed limit. The maximum speed limits established by or pursuant to this paragraph shall be of force and effect regardless of whether signs are posted giving notice thereof. (b) No person shall drive a school bus to or from school, or interschool functions or activities, at a speed greater than forty-five (45) miles per hour on any roadway having a dirt, sand or gravel surface, and in no event shall a school bus be driven to and from school, or functions or activities, in excess of fifty-five (55) miles per hour, notwithstanding any maximum speed limit in excess thereof. The provisions of this subsection shall apply to buses used for the transportation of students enrolled in community colleges or area vocational schools when such buses are transporting students to or from school functions or activities. " (d) Amendment. Section 87 of the Standard Traffic Ordinance is hereby amended to read as follows: "Section 87. Accessible Parking. (a) No person shall stop, stand or park any vehicle in a parking space, whether on public or private property, which is clearly marked as being reserved for the use of persons with a disability or persons responsible for the transportation of persons with a disability unless such vehicle bears a special license KUM1n-Cox Priming — Salina, Kansas plate, permanent placard or temporary placard issued pursuant to K.S.A. 8-161 or K.S.A. 8-1,125, and amendments thereto, and is being operated by or used for the transportation of a person with a disability or disabled veteran. In addition to the temporary placard, a person issued such temporary placard shall carry the state or county receipt showing the name of the person who is issued such temporary placard. If a parking space on private property is clearly marked as being reserved for the use of a specified person with a disability it shall be unlawful for any other person to park in such space. (b) When a motor vehicle which bears a special license plate or placard issued pursuant to K.S.A. 8-1,125, and amendments thereto, is being operated by or used for the transportation of a person with a disability, such motor vehicle: (1) May be parked in any parking space, whether on public or private property, which is clearly marked as being reserved for the use of persons with a disability or persons responsible for the transportation of a person with a disability, except a parking space on private property which is clearly marked as being reserved for the use of a specified person with a disability; (2) May be parked for an unlimited period in any parking zone which is restricted as to the length of parking time permitted, except where stopping, standing or parking is prohibited to all vehicles, where parking is reserved for special types of vehicles or where parking would clearly present a traffic hazard; and (3) Shall be exempt from of the state or any political subdivision. any parking meter fees city, county or other (c) Official identification devices issued to persons with a disability by any other state, district, or territory subject to the laws of the United States, or any foreign jurisdiction, shall be recognized as acceptable identification in the state of Kansas. Motor vehicles bearing a valid device from such a jurisdiction shall be accorded the parking privileges contained in subsection (b), except that if such person becomes a resident of the state of Kansas, such identification devices shall not be recognized as acceptable identification 60 days after such person becomes a resident of this state. (d) (1) Notwithstanding the provisions of K.S.A. 8-2003, and amendments thereto, each designated accessible parking space shall be clearly marked by vertically mounted signs bearing the international symbol of access. Such signs shall be displayed with the bottom of the sign not less than 32 inches above the surface of the roadway. (2) Any owner of private property available for public use establishing a new parking space or relocating an existing parking space for persons with a disability, shall conform to sections 4.6.3 and 4.6.4 of the federal regulations adopted under the Americans with disabilities act, published in 56 Fed. Reg. 35,408 (July 26, 1991) (to be codified at 36 C.F.R. Part 1191, Appx . 4.6.3 and 4.6.4). (e) (1) Except when necessary to avoid conflict with other traffic, or in compliance with the law or the directions of a law enforcement officer or official traffic -control device, no person shall: (A) stop, stand or park a vehicle in any parking space designated as accessible parking without having a special license plate, permanent placard or disabled veteran license plate and an individual identification card, or a valid temporary placard; (B) stop, stand or park a vehicle so that it blocks an access entrance adjacent to a designated accessible parking space; or (2) Any licensee of the healing (C) stop, stand or park a vehicle in an Christian Science practitioner who access aisle between or beside a and falsely certifies that a person designated accessible parking space. (2) From the date of publication of this plate, a permanent placard and an individual ordinance through December 31, 1992, placard violation of subsection (e)(1) is punishable of this by a fine of not more than $50. From and a fine of after January 1, 1993, violation of for subsection (e) (1) is punishable by a fine of fine and imprisonment. $50. (3) The provisions of subsection (e) (1) shall be enforced by law enforcement officers on public and private property. (f) (1) Any person who willfully and falsely represents that such person has the qualifications to obtain a special license plate, a permanent placard and an individual identification card or temporary placard shall be guilty of a violation of this ordinance and shall be punished by a fine of not more than $500 or by imprisonment for not more than one month or by both such fine and imprisonment. (2) Any licensee of the healing arts or Christian Science practitioner who willfully and falsely certifies that a person has the qualifications to obtain a special license plate, a permanent placard and an individual identification card or temporary placard shall be guilty of a violation of this ordinance and shall be punished by a fine of not more than $500 or by imprisonment for not more than one month or by both such fine and imprisonment. (K. S. A. 8-1,125:8-1,130, as amended)" Section 2. That the existing Section 38-1 of the Salina Code is hereby repealed. 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. Introduced: June 21, 1993 Pas d: June 28, 1993 (SEAL) - ATTEST: J�-q ��,� SI�;�,� Peter F. Brungardt, Mayor Jacqueline Shiever, CMC