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REPEALED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