Memorandum

City of Lawrence

Legal Services

TO:	Toni Ramirez Wheeler, Director of Legal Services
FROM:	Scott J. Miller, Staff Attorney
Date:	August 16, 2010
RE:	Ordinance 8558 – 2010 Standard Traffic Ordinance and Other Kansas Traffic Law Changes.

Please note:  The original version of these materials posted contained amendments to fine provisions and schedules that had been superseded by another recent ordinance.  As a result, those provisions no longer need to be updated in this ordinance.

_______________________________________________________________________

Each year, the City of Lawrence adopts the most recent version of the Standard Traffic Ordinance prepared by the League of Kansas Municipalities.  The Standard Traffic Ordinance is a model traffic code based upon Kansas state law, and its adoption allows for the prosecution of most traffic violations in our municipal court.  New editions are required annually in order to respond to the changes made to the traffic laws each legislative session.

This year’s edition significantly changes the law in some respects.  Texting while driving is now illegal in most circumstances that do not involve emergency services personnel or citizen reports of emergencies to appropriate authorities.  (Section 126.2).  Utilizing a license plate cover, whether clear or opaque, that affects the covered license plate’s visibility is no longer permitted.  (Section 126.1).  Commercial driver’s license holders are no longer eligible to participate in traffic diversion programs, except for diversions for parking violations.  (Section 30.5).  Additionally, all passengers of most motor vehicles are required to wear seatbelts, not just front seat passengers, and vehicles may be stopped by police if their front seat passengers are not wearing their seatbelts even in the absence of any other traffic offense.  (Section 182.1).

Another part of the change to the seatbelt law was a reduction in the fine for seatbelt violations from $30 to $5 until the beginning of 2011, and $10 thereafter.  Our fine may be higher than the amount required by the state statute and it is management’s recommendation that we fine violators $40 for this offense.  This recommendation is incorporated in the proposed ordinance.

Finally, Ordinance 8558 proposes three changes to existing law to improve the operation of the City Code.  First, language has been inserted that makes clear that ordinances with specific penalties set forth in them supersede the general penalty provisions that apply to traffic offenses.  Second, the maximum amount that the judge may assess for a traffic offense without its own penalty provision is increased to $400.  This is necessary because of the high fines in Kansas law for a few specific offenses such as illegal passing of a school bus ($315), failure to yield to an emergency vehicle ($195), and failure to obey a railroad crossing signal ($195).  Third, the fine provision for unlawful sound amplification devices is amended in the ordinance to allow the general fine provision to control.  This will save future amendments and ordinance publications as the fine for that offense has been historically the same as any other more serious traffic violation.

If I can answer any questions that you might have on these issues, please let me know.