ORDINANCE NO.   8431

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS ALLOWING WORKSITE UTILITY VEHICLES TO BE DRIVEN ON CITY STREETS SUBJECT TO INSURANCE AND OTHER REQUIREMENTS AND PROVIDING PENALTIES FOR THEIR ILLEGAL OPERATION.

NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:

Section 1.  Section 17-218 of the Code of the City of Lawrence, 2009 Edition and amendments thereto, is hereby enacted to read as follows:

17-218              OPERATION OF WORK-SITE UTILITY VEHICLES.

(A) Definitions

(1) “Slow-moving vehicle emblem” has the same meaning as contained in K.S.A. 8-1717 and amendments thereto.

(2) “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.  “Work-site utility vehicle” does not include a micro utility truck as defined in the Standard Traffic Ordinance adopted by Section 17-101 of this code, and amendments thereto.

(B) Operation

(1) Work-site utility vehicles may be operated upon the public highways, streets, roads and alleys within the corporate limits of the City of Lawrence.

(2) No work-site utility vehicle shall be operated on any public highway, street, road or alley between sunset and sunrise unless such vehicle is equipped with lights as required by law for motorcycles.

(3) No work-site utility vehicle shall be operated on any interstate highway, federal highway or state highway; provided, however, that the provisions of this subsection shall not prohibit a work-site utility vehicle from crossing a federal or state highway.

(4) No work-site utility vehicle shall be operated on any public highways, streets, roads and alleys within the corporate limits of the City of Lawrence with posted speed limits greater than 30 miles per hour; provided, however, that the provisions of this subsection shall not prohibit a work-site utility vehicle from crossing any public highways, streets, roads and alleys within the corporate limits of the City of Lawrence with posted speed limits greater than 30 miles per hour.

(5) Every person operating a work-site utility vehicle on the public highways, streets, roads and alleys of the City of Lawrence shall be subject to all of the duties applicable to a driver of a motor vehicle imposed by law, including but not limited to the applicable provisions of the Standard Traffic Ordinance adopted by section 17-101 of this code, and amendments thereto.

(C) Drivers license requirements

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.

(D) Insurance requirements

(1) Every owner of a work-site utility vehicle shall provide liability coverage in accordance with Section 200 of the Standard Traffic Ordinance, adopted by Section 17-101 of this code, and amendments thereto, and the Kansas Automobile Injury Reparations Act, K.S.A. 40-3101, et seq., and amendments thereto prior to operating such vehicle upon the public highways, streets, roads and alleys within the corporate limits of the City of Lawrence.

(2) All provisions of Section 200 of the Standard Traffic Ordinance, adopted by Section 17-101 of this code, and amendments thereto, including penalty provisions, shall be applicable to all owners and operators of work-site utility vehicles.

(E) Display of slow moving vehicle emblem 

It shall be illegal to operate a work-site utility vehicle on any public highway, street, road or alley within the corporate limits of the city unless such vehicle displays a slow moving vehicle emblem on the rear of the vehicle.  The slow-moving vehicle emblem shall be mounted and displayed in compliance with K.S.A. 8-1717 and amendments thereto.

(F) Penalty

Unless specifically provided for herein, a violation of this ordinance shall be deemed an ordinance traffic 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 of the Standard Traffic Ordinance, adopted by Section 17-101 of this code, and amendments thereto, or such other similar provision as the city may then have in effect.

Section 2.         Severability.  If any section, clause, sentence, or phrase of this ordinance is found to be unconstitutional or is otherwise held invalid by any court of competent jurisdiction, it shall not affect the validity of any remaining parts of this ordinance.

Section 3.         Effective Date.  This ordinance shall take effect and be in full force and effect following its adoption and publication as provided by law.

Adopted this  day of  , 2009.

PASSED:

Robert Chestnut, Mayor

ATTEST:

Jonathan Douglass, City Clerk

APPROVED AS TO FORM AND LEGALITY:

                                                                        _

Toni Ramirez Wheeler, Director of Legal Services