4851 Regulating Vehicles6r
9 r,e
ORDINANCE N0. 4851
(Published in the .Salina Journal 1938)
AN ORDINANCE amending Section 29, Section 31, and Section 58 of
Ordinance No. 4476 relating to and regulating the use and
operation of vehicles on the streets of the City of Salina
and repealing said original sections.
BE IT ORDAINED by the Board of Commissioners of the City of Salina,
Kansas:
Section 1'. That Section 29 of Ordinance No. 4476 of the City of
Salina be and the same is hereby amended to read as follows:
*Section 29, (a) Driving while intoxicated: It shall be unlawful
for any person who is an habitual user of narcotic drugs or any per-
son who is under the influence of intoxicating liquor or narcotic
drugs to drive any vehicle upon any street in the City of Salina.
Every person who is convicted of a violation of this section shall
be punished by imprisonment for not more than one year or a fine of
not less than $100 nor more than $1000 or by both such fine and im-
prisonment. On a second or subsequent conviction he shall be punished
by imprisonment for not less than 90 days nor more than one year and
in the discretion of the court a fine of not more than $1000,
/'meaanner
(b) Reckless DrivingtAny person who drives any vehicle in such
as to indicate either wilful or wanton disregard for the
safety of persons or property is guilty of reckless driving. Every
person convicted of reckless driving shall be punished upon a first
conviction by imprisonment for a period of not less than five days
' nor more than 90 days or by a fine of not less than $25.00 nor more
than $500, or by both such fine and imprisonment, and on second or
subsequent conviction shall be punished by imprisonment for not less
than 10 days nor more than 6 months or by a fine not less than $50.00
nor more than $1000, or by both such fine and imprisonment,*
Section 2, That Section 31 of Ordinance No. 4476 be and the same
is hereby amended to read as follows:
*Section 31. (a) Accident Involving Death or Personal Injury:
The driver of any vehicle involved in an accident resulting in injury
to'or death of any person shall immediately stop such vehicle at the
scene of such accident or as close thereto as possible, but shall
then forthwith return to and in every event shall remain at the scene
of the accident until he has fulfilled the requirements of sub -section
(c) of this section. Every such stop shall be made without obstrue-
tion to traffic more than is necessary, Any person failing to stop
or comply with such requirements under such circumstances shall upon
conviction be punished by imprisonment for not more than one year or
by fine not less than $25.00 nor more than $500 or by both such fine
and imprisonment.
(b) Accident Involving Damage to Vehicle: The driver of any
i
vehicle involvedin any accident resulting only in damage to a
vehicle which is driven or attended by any person shall immediately
stop such vehicle at the scene of such accident or as close thereto
as possible but shall forthwith return to and in every event remain
at the scene of such accident until he has fulfilled the requirements
of sub -section (c) of this section. Every such stop shall be made
without obstructing traffic more than iseesed:TMhe
(c) Dutyto Give Information ender driver of any
vehicle involved in an accident resulting in injury to or death of
r+.
any person or damage to any vehicle which is driven or attended by
any person shall give his name, address and the registration number
of the vehicle he is driving and shall upon request and if available
exhibit his operators or chauffeurs license to the person struck or
the driver or occupant of or person attending any vehicle collided
with and shall render to any person injured in such accident reasonable
3 assistance including the carrying or the making of arrangements for
the carrying of such person to a physician, surgeon or hospital for
i
medical or surgical treatment if it is apparent such treatment is nee-
E
essary or if such carrying is requested by the injured person.
(d) Duty U2on Striking Unattended Vehicles The driver of any
I
vehicle which collides with any vehicle which is unattended shall
Immediately stop and shall then and there either locate and notify
i
the operator or owner of such vehicle of the name and address of
the driver and owner of the vehicle striking the unattended vehicle
i
or shall leave in a conspicuous place a written notice giving the
I
name and address of the driver and of the owner of the vehicle doing
the striking and a statement of the circumstances thereof.
(e) Duty Upon Striking Fixtures: Vr.-,ive y vehicle in-
volved in an accident resulting only ages Fixtures legally
upon or adjacent to a street shall take°repxpi able steps to locate
and notifythe owner or person in a�r such property of such
p �, P P 9
facts and of his name and address A�of the registration number of
the vehicle he is driving and shall upon request and if available
4
exhibit his operators or chauffeurs license and shall make a report
i
of such accident when and as required in the sub -section (f) of this
j section.
(f) Duty to Report Accidents The driver of a vehicle involved
in an accident resulting in the injury to or death of any person or
in any property damage shall immediately thereafter file with the
Police Department of the city a report of such accident and the driver
o4
of a vehicle involved in an accident resulting in an injury to or death
of any person or total property damage to an apparent extent of $50.00
or more shall within 24 hours after such accident forward a written
report of such accident to the State Vehicle Department upon a form
provided and approved by such department and shall file with the Police
Department of the city a copy of any such report so filed with the
State Vehicle Department.
(g) WhDriver Unable to Report: Whenever the driver of a
vehicle is physically incapable of making a required accident report
and there was another occupant in the vehicle at the time of the
accident capable of making a report, sueb occupant shall make or
\ cause to make a report and his failure to do so will constitute a
lation of this ordinance."
Section 3. That Section 58 of Ordinance No. 4476 be and the
t
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some is hereby amended to read as follows:
"Section 58. Penalty. Every person convicted of any violation
E"
of the provisions of this ordinance for which another penalty is
not specifically provided for in this ordinance shall for the first
conviction thereof be punished by a fine of not more than $100 or by
Imprisonment for not more than ten daysl for a second such conviction
in one year thereafter such person shall be punished by fine of not
more than $200 or by imprisonment for not more than 20 days or by both
such fine and imprisonment; Upon a third or subsequent conviction
within one year after the first conviction, such person shall be
punished by a fine of not more than $500 or by imprisonment for not
more than six months or by botli such fine and imprisonment.
Section 4. That original Sections 29, 31 and 58 of Ordinance No.
4476 be and the same are hereby repealed.
Section 5. This ordinance shall take effect and be in force
from and after its publication in the official city paper.
Attest:
Chas. E. Banker
City er
Introduced, March 21, 1938
Passed, March 28, 1938
Ed Morgenstern
ayor
STATE OF KANSAS
Ss
COUNTY_OFSALINE
1-,,, Chas. E. Banker,, City Clerk_ of_ the_ City of Salina,,
Kansas do hereby . certify. that _the_ above -and.- foregoing -is a true and
&p e Board
correct eQpy. of. Ordinance No.. 4851--paased-- and..- proved by th Bo d
of C my"I iasi-Gnera- of -.the City of Salina MarebL-28,,-.1938; and a record
of the vote on its final adoption is found on.page_-,'Wo Journal No, 14.
G:Lr
7 Clerk
(Published in the Salina Journal
0 a -A C� jo 19 38 )
ORDII4ANCE N0. 4851
AN ORDINANCE amending Section 29, Section 31, and Section 58 of
Ordinance No. 4476 relating; to and regulating the use and operation
of vehicles on the streets of the City of Salina and repealing said
original sections.
BE IT ORDAINED by the Board of Commissioners of the City of Salina,
Kansas:
Section 1. That Section 29 of Ordinance No. 4476 of the City of
Salina be and the same is hereby rasended to read as follows:
"Section 29. (a) Driving while Intoxicated: It shall be unlawful
for any person who is an habitual user of narcotic drugs or any per-
son who is under the influence of intoxicating liquor or narcotic
drugs to drive any vehicle upon any street in the City of Salina.
Every person who is convicted of a violation of this section shall
be punished by imprisonment for not more than one year or a fine of
b
not less than $100 nor more than $1000 or/both such fine and Imprison -
went. On a second or subsequent conviction he shall be punished by
Imprisonment for not less than 90 days nor more than one year and
in the discretion of the court a fine of not more than X1000.
(b) Reckless Driving: Any person who drives any vehicle in such
a manner as to indicate either wilful or wanton disregard for the
safety of persons or property is guilty of reckless driving. Every
person convicted of reckless driving shall be punished upon a first
conviction by imprisonment for a period of not less than five days
nor more than 90 days or by a fine of not less than x:25.00 nor more
than yW�-500, or by both such fine and imprisonment, and on second or
subsequent conviction shall be punished by imprisonment for not less
than 10
days
nor more
than
6 months
or by
a fine not less than $;50.00
nor more
than
$1000,
or by
both such
fine
and imprisonment."
Section 2. That Section 31 of Ordinance No. 4476 be and the
same is hereby amended to read as follows:
"Section 31. (a) Accident Involving Death or Personal Injury:
The driver of any vehicle involved in an accident resulting in
injury to or death of any person shall immediately stop such
Vehicle at the scene of such accident/Os close thereto as possible,
but shall then forthwith return to and in every event shall remain
at the scene of the accident until he has fulfilled the require-
ments of sub -section (c) of this section. Every such stop shall
be made without obstruction to traffic more than is necessary.
Any person failing to stop or comply with. such requirements under
such circumstances shall upon conviction be punished by imprison-
ment for not more than one year or by fine not less than �,)25.00
nor more than 500 or by both such fine and imprisonment.
(b) Accident Involving Damage to Vehicle: The driver of any
vehicle involved in any accident resulting only In damage to/Vehicle
which is driven or attended by any person shall immediately stop
such vehicle at the scene of such accident or as close thereto
as possible but shall forthwith return to and in every event remain
at the scene of such accident until he has fulfilled the requirements
of sub -section (c) of this section. ;very such stop shall be made
without obstructing traffic more than is necessary.
(c) _Duty to Give Information and Render Aid: The driver of any
vehicle involved in an accident resulting in injury to or death of
any person or damage to any vehicle which is driven or attended by
any person shall give his name, address and the registration number
of the vehicle he is driving and shall upon request and if available
exhibit his operators or chauffeurs license to the person struelc or
toe driver or occupant of or person attending any vehicle collided
with and shall render to any person injured in such accident reasonable
assistance including the caiPW'og the making of arrangements for the
Car such person to a physician, surgeon or hospital for medical
or surgical treatment if it is apparent such treatment is necessary
carry3,n
or if such Xazi*K is requested by the injured person.
(d) Duty Upon Striking Unattended Vehicle: The driver of any
vehicle which collides with any vehicle which is unattended shall
Immediately stop and shall then and there either locate and notify
the operator or owner of such vehicle of the name and address of
the driver and owner of the vehicle striking the unattended vehicle
or shall leave in a conspicuous place a written notice giving the
name and address of the driver and of the owner of the vehicle
doing the striking and statement of the circumstances thereof.
(e) Duty Upon Striking Fixtures: The driver of any vehicle
involved in an accident resulting only in damages to fixtures
legally upon or adjacent to a street shall take reasonable steps
to locate and notify the owner or person in charge of such 15ropert7
of such facts and of his name and address and of the registration
number of the vehicle he is driving and shall upon request and if
available exhibit his operators or chauffeurs license and shall
make a report of such accident when and as required in the sub-
section (f) of this section.
(f) Duty to Report Accident: The driver of a vehicle involved
in an accident resulting in the injury to or death of any person
or in any property damage shall immediately thereafter file with
the Police Department of the city a report of such accident and
the dfiver of a vehicle involved in an accident resulting in art
injury to or death of any person or total property damage to an.
apparent extent of $50.00 or more shall within 24 hours after such
accident forward a written report of such accident to the State
Vehicle Department upon a form provided and approved by such depart-
ment and shall file with the Police Department of the city a copy
of any such report so filed with the State Vehicle Department.
(g) When Driver Unable to Report: Whenever the driver of a
vehicle is physically incapable of making a required accident
report and there was another occupant in the vehicle at the time
of the accident capable of making a report, such occupant shall
make or cause to make a report and his failure to do so will con-
stitute a violation of this ordinance.'
Section 3, That Section 58 of Ordinance No, 4476 be and the same
is hereby amended to read as follows:
"Section 58, Penalty. Every person convicted of any violation
of the provisions of this ordinance for which another penalty is
not specifically provided for in this ordinance shall for the first
conviction thereof be punished by a fine of not more than Y100 or
by imprisonment for not more than ten days; for a second such con-
viction in one year thereafter such person shall be punished by
fine of not more than •200 or by umprisonment for not more than
20 days or by both such fine and imprisonment; Upon a third or
subsequent conviction within one year after the first conviction,
such person shall be punished by a fine of not more than X500 or
by imprisonment for not more than six months or by both such fine
and imprisonment.
Section 4. That original. Sections 29, 31 and 58 of Ordinance No.
4476 be and the same are hereby repealed.
Sect on 5. This ordinance shall take effect and be in force from
and after its publication in the official city paper.
Introduced, 'karch 21, 1938
Passed,
Attest:
Y ere
u•arch 28, 1938
�'fayor