CITY COMMISSION AGENDA ITEM

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Department:

City Attorney’s Office

Commission Meeting Date:  August 16, 2016

Staff Contact:

Maria Garcia, Assistant City Attorney

Recommendations/Options/Action Requested:

 

Adopt on first reading, Ordinance No. 9282, “2016 Standard Traffic Ordinance, Edition 2016.”

 

Executive Summary:

Each year, the City of Lawrence adopts the most recent version of the Standard Traffic Ordinance (STO) prepared by the League of Kansas Municipalities. The STO 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. Ordinance 9282 adopts the 2016 version.

 

This year’s edition makes amendments to the provisions listed below, and changes are summarized after the Section number. All changes will be reviewed with the police department.

 

  • Section 30. (Driving Under the Influence of Intoxicating Liquor or Drugs; Penalties). A portion of this ordinance requires a person’s specific prior criminal history to be taken into account at sentencing. A provision requiring the court to consider whether the person has previously refused to submit to testing to determine the presence of alcohol or drugs has been removed. This change reflects recent Kansas case law.

 

  • Section 30.1. (Driving Commercial Motor Vehicle Under the Influence of Intoxicating Liquor or Drugs; Penalties). Same as for Section 30; the provision considering a person’s refusal to submit to testing has been removed.

 

·         Section 30.2 (Preliminary Breath Test). Removes language stating that refusal to submit to and complete testing is a traffic infraction.

 

  • Section 30.2.1 (Refusal to Submit to Alcohol or Drug Test). This section was deleted.

 

Section 175.1 (Compression Release Engine Braking System). Adds a new paragraph defining “compression release engine breaking system” as “a hydraulically operated device that converts a power producing diesel engine into a power absorbing retarding mechanism.” This definition was not in the previous STO.  

Strategic Goal Area:

Public Safety/Traffic Enforcement

Fiscal Impact (Amount/Source):

The cost of the 221 STO booklets ordered plus shipping was $1,597.83. Otherwise, the fiscal impact to the City is $0.00

Attachments:

Ordinance No. 9282