ORDINANCE NO.  8558

 

AN ORDINANCE RELATED TO THE REGULATION OF TRAFFIC WITHIN THE CORPORATE LIMITS OF THE CITY OF LAWRENCE, KANSAS, INCORPORATING BY REFERENCE THE "STANDARD TRAFFIC ORDINANCE FOR KANSAS CITIES," EDITION OF 2010, AMENDING SECTION 17-101 OF THE CODE OF THE CITY OF LAWRENCE, KANSAS, 2009 EDITION AND AMENDMENTS THERETO; AMENDING PENALTIES FOR VIOLATIONS OF THE SAME; AND AMENDING THE PROVISIONS THEREOF THAT REGULATE THE USE OF SAFETY BELTS.

 

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

 

Section 1.         Section 17-101 of the Code of the City of Lawrence, Kansas, 2009 Edition, and amendments thereto, is hereby amended to read as follows:

 

17-101              STANDARD TRAFFIC ORDINANCE INCORPORATED.

 

There is hereby incorporated by reference for the purpose of regulating traffic within the corporate limits of the City of Lawrence, Kansas, the "Standard Traffic Ordinance for Kansas Cities," edition of 2010, prepared and published in book form by the League of Kansas Municipalities, Topeka, Kansas, save and except such articles, sections, parts or portions as are omitted, deleted, modified or changed by Chapter 17 of the Code of the City of Lawrence, Kansas, 2009 Edition, and amendments thereto.  At least one copy of the Standard Traffic Ordinance shall be marked or stamped "Official Copy as Adopted by Ordinance No. 8558," 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 the incorporating ordinance, and filed with the City Clerk to be open to inspection and available to the public at all reasonable hours.

 

Section 2.         Section 17-102.1 of the Code of the City of Lawrence, Kansas, 2009 Edition, and amendments thereto, is hereby amended to read as follows:

 

17-102.1            PENALTY FOR SCHEDULED FINES.

 

The fine for violation of an ordinance traffic infraction or any other traffic offense for which the Municipal Judge establishes a fine in a fine schedule shall not be less than $80.00 nor more than $150 $400.00 except for:

 

(A)           defective equipment violations, which shall be $50 and

 

(B)           speeding infractions, which shall be according to the following schedule:

 

 

 

Normal Zone

Construction or School Zone

Miles Per Hour Over the Posted Limit

 

 

1

$50

$100

2

$50

$100

3

$50

$100

4

$50

$100

5

$50

$100

6

$50

$100

7

$50

$100

8

$50

$100

9

$50

$100

10

$50

$100

11

$56

$100

12

$62

$124

13

$68

$136

14

$74

$148

15

$80

$160

16

$86

$172

17

$92

$184

18

$98

$196

19

$104

$208

20

$110

$220

21

$119

$238

22

$128

$256

23

$137

$274

24

$146

$292

25

$155

$310

26

$164

$328

27

$173

$346

28

$182

$364

29

$191

$382

30

$200

$400

30 +

$200 plus $15 per mph over 30 (double in construction or school zone)

 

(C)        any provision of this article that contains a specific penalty for its violation, which shall be punished pursuant to that specific provision.

 

A person tried and convicted for violation of an ordinance traffic infraction or other traffic offense for which a fine has been established in a schedule of fines shall pay a fine fixed by the court not to exceed $1000.00.

 

Section 3.         Section 17-116.3 of the Code of the City of Lawrence, Kansas, 2009 Edition, and amendments thereto, is hereby amended to read as follows:

 

17-116.3                ORDINANCE TRAFFIC INFRACTION, MINIMUM FINE.   VIOLATIONS

 

Any person who violates the provisions of this ordinance shall, upon conviction, be guilty of an ordinance traffic infraction a traffic offense. and shall be fined a minimum of $80.00.  Each violation of this section shall constitute a separate offense and shall be punishable as a separate offense.

 

Section 4.   Section 17-119 of the Code of the City of Lawrence, Kansas, 2009 Edition, and amendments thereto, is hereby enacted to read as follows:

 

17-119               AMENDMENTS TO STO: SEAT BELTS.

 

Section 182.1 of the Standard Traffic Ordinance, incorporated in Section 17-101 of this Article, and amendments thereto, is hereby amended to read as follows:

 

Section 182.1.  Seat Belts.

 

(a)                           Except as provided in Section 182 and in subsection (b) or (c), each occupant of a passenger car manufactured with safety belts in compliance with federal motor vehicle safety standard no. 208, who is 18 years of age or older, shall have a safety belt properly fastened about such person’s body at all times when the passenger car is in motion.

 

(b)                           Each occupant of a passenger car manufactured with safety belts manufactured with safety belts in compliance with federal motor vehicle safety standard no. 208, who is at least 14 years of age, shall have a safety belt properly fastened about such person’s body at all times when the passenger car is in motion.

 

(c)                           This section does not apply to:

 

(1)     An occupant of a passenger car who possesses a written statement from a licensed physician that such person is unable for medical reasons to wear a safety belt system;

(2)     Carriers of United States mail when actually engaged in delivery and collection of mail along their specified routes;

(3)     Newspaper delivery persons while actually engaged in delivery of newspapers along their specified routes; or

(4)     An occupant of a passenger car required to be protected by a safety restraining system under the child passenger safety act.

 

(d)                           Law enforcement officers shall not stop drivers for violations of subsection (a) by a back seat occupant in the absence of another violation of law.  A citation for violation of subsection (a) by a back seat occupant shall not be issued without citing the violation that initially caused the officer to effect the enforcement stop.

 

(e)                            

 

(1)     Prior to July 1, 2011 Persons violating subsection (a) shall be fined $5 $40 including court costs; (2)  From and after July 1, 2011, persons violating subsection (a) of K.S.A. 8-2503, and amendments thereto, shall be fined $10 including court costs; and

(2)     (3)  Persons violating subsection (b) shall be fined $60 including court costs.

 

(f)                            As used in this section passenger car means a motor vehicle manufactured or assembled after January 1, 1968, or a vehicle manufactured or assembled prior to 1968 which was manufactured or assembled with safety belts, with motive power designed for carrying 10 passengers or fewer, including vans, but does not include a motorcycle or a motor-driven cycle.

 

Section 5.         Sections 17-101, 17-102.1 and 17-116.3 of the Code of the City of Lawrence, Kansas, 2009 Edition, and amendments thereto, are hereby repealed, it being the intent that the provisions of this ordinance supersede the repealed Code sections.

 

Section 6.         This ordinance shall take effect and be in force effective on September 1, 2010 and upon its passage and publication once in the official city paper as provided by law.

 

ADOPTED by the governing body this _______ day of August, 2010.

 

                                                                                    PASSED:

 

 

                                                                                    ________________________

                                                                                    Mike Amyx, Mayor

 

ATTEST:

 

 

 

____________________________

Jonathan Douglass, City Clerk

 

 

 

APPROVED AS TO LEGAL FORM:

 

 

 

____________________________

Toni Ramirez Wheeler   

Director of Legal Services