Memorandum

City of Lawrence

Legal Services

TO:	Toni Ramirez Wheeler, Director of Legal Services
FROM:	Chad J. Sublet, Staff Attorney
Date:	July 21, 2011
RE:	Ordinance 8649 – 2011 Standard Traffic Ordinance

BACKGROUND

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.

DISCUSSION

This year’s edition significantly changes the law in the following respects:

• Section 13 (Traffic control signal legend): changed to allow an individual riding a motorcycle or bicycle to proceed through a steady red light after waiting a reasonable amount of time, when the light does not detect the motorcycle or bicycle.

• Section 23 (Accident Involving Death or Personal Injuries): Brings penalties for accidents involving property damage of less than $1,000.00 in line with the general penalty provisions of Sec. 201.

• Section 25 (Duty to Give Information and Render Aid):

o Requires a person to remain at the scene of any accident involving damage to an attended vehicle or property.

o Amends the penalty provisions for leaving the scene of an accident.

o Driver in an accident where an injury occurs, should render aid if possible.

o Must report accident as soon as possible to nearest police office.

If an accident involves an unattended vehicle, must leave a writing in a conspicuous location containing contact information.

• Sections 30, 30.1, 30.2 and 30.3 (Driving Under the Influence)

o Increases the minimum fine for all DUI offenses by $250. The

minimum fines will be as follows: $750 for first offenses; $1,250 for second offenses; and $1,750 for third offenses.

o Decreases the time frame in which the Court looks back for prior convictions for sentencing purposes. Court can now only look back to convictions that have occurred after July 1, 2001. Lifetime lookback still exists for individuals who possess a commercial driver’s license.

o The Court can impose house arrest and work release for required periods of imprisonment, after the defendant has served 48 hours in jail.

o Municipal Court can prosecute third DUI’s in certain circumstances.

o Breath test results are valid for 3 hours instead of two to establish a DUI.

o Allows for saliva samples in addition to breath tests.

• Section 33 (Overtaking a Bicycle)

o Must pass a Bicycle at a safe distance

ACTION

Adopt on first reading, Ordinance 8649 – “2011 Standard Traffic Ordinance, Edition 2011.”