APPENDIX D – STANDARD TRAFFIC ORDINANCE (2024, as amended by Ord. 3222)APPENDIX D – STANDARD TRAFFIC ORDINANCE (2024, as amended by Ord. 3222)\ARTICLE 19. DRIVER’S LICENSE AND VEHICLE TAGS

(a)   No person, except those expressly exempted, shall drive any motor vehicle or motorized bicycle upon any highway in this city unless such person has a valid driver’s license.

(b)   Any person operating in this city a motor vehicle, shall be the holder of a driver’s license that is classified for the operation of such motor vehicle, and any person operating in this city a motorcycle that is registered in the state of Kansas shall be the holder of a class M driver’s license.

(c)   No person shall drive any motorized bicycle upon a highway of this state unless such person: (1) Has a valid driver’s license, that entitles the licensee to drive a motor vehicle in any class or classes; (2) is at least 15 years of age and has passed the written and visual examinations required for obtaining a class C driver’s license, in which case the division shall issue to such person a class C license, which shall clearly indicate that such license is valid only for the operation of motorized bicycles; (3) has had their driving privileges suspended, for a violation other than a violation of K.S.A. 8-2,144, and amendments thereto, or a second or subsequent violation of K.S.A. 8-1567 or 8-1567a, and amendments thereto, and such person: (A) Has completed the mandatory period of suspension as provided in K.S.A. 8-1014, and amendments thereto; and (B) has made application and submitted a $40 nonrefundable application fee to the division for the issuance of a class C license for the operation of motorized bicycles, in accordance with paragraph (2), in which case the division shall issue to such person a class C license, which shall clearly indicate that such license is valid only for the operation of motorized bicycles; or (4) has had their driving privileges revoked under K.S.A. 8-286, and amendments thereto, has not had a test refusal or test failure or alcohol or drug-related conviction, as those terms are defined in K.S.A. 8-1013, and amendments thereto, in the last five years, has not been convicted of a violation of K.S.A. 8-1568(b), and amendments thereto, in the last five years and has made application to the division for issuance of a class C license for the operation of motorized bicycles, in accordance with paragraph (2), in which case the division shall issue such person a class C license, which shall clearly indicate that such license is valid only for the operation of motorized bicycles. As used in this subsection, “motorized bicycle” shall have the meaning ascribed to it in K.S.A. 8-126, and amendments thereto.

(d)   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. (K.S.A. 8-235)

(a)   Every licensee shall have such person’s driver’s license in such person’s immediate possession at all times when operating a motor vehicle. However, no person charged with violating this subsection shall be convicted if such person produces in court or the office of the arresting officer a driver’s license theretofore issued to such person and valid at the time of arrest.

(b)   Every licensee operating a motor vehicle shall promptly deliver such person’s driver’s license upon demand of any law enforcement officer when the license is in such person’s immediate possession at the time of the demand. (K.S.A. 8-244)

(a)   (1)  Any person who drives a motor vehicle on any highway of this State at a time when such person’s privilege so to do is canceled, suspended or revoked or while such person’s privilege to obtain a driver’s license is suspended or revoked, shall upon first conviction be punished by imprisonment for not more than six months or fined not to exceed $1,000.00, or both such fine and imprisonment. On a second or subsequent conviction of a violation of this Section, such person shall be punished by imprisonment of not more than one year or fined not to exceed $2,500.00, or both such fine and imprisonment. The court may place the person convicted under a house arrest program or any municipal ordinance to serve the remainder of the minimum sentence only after such person has served 48 consecutive hours’ imprisonment.

(2)   No person shall be convicted under this Section if such person was entitled at the time of arrest under K.S.A. 8-257, and amendments thereto, to the return of such person’s driver’s license.

(3)   Every person convicted under this Section shall be sentenced to at least five days’ imprisonment and fined at least $100.00 and upon a second conviction shall not be eligible for parole until completion of five days’ imprisonment.

(b)   For the purposes of determining whether a conviction is a first, second, or subsequent conviction in sentencing under this Section, “conviction” includes a conviction of a violation of any ordinance of any city or resolution of any county or a law of another state which is in substantial conformity with this Section.

(a)   No person shall operate a motor vehicle in violation of the restrictions on any driver’s license or permit imposed pursuant to any statute.

(b)   Except as provided in subsection (c):

(1)   Any person guilty of violating this section, upon the first conviction, shall be fined not to exceed $250, and the court shall suspend such person’s privilege to operate a motor vehicle for not less than 30 days and not more than two years.

(2)   Any person guilty of violating this section, upon a second or subsequent conviction, shall be fined not to exceed $500, and the court shall suspend such person’s privilege to operate a motor vehicle for not less than 90 days and not more than two years.

(c)   Any person guilty of violating this section, for violating restrictions on a driver’s license or permit imposed pursuant to K.S.A. 8-237, 8-296, 8-2,100, or 8-2,101, and amendments thereto:

(1)   Upon first conviction, the court shall suspend such person’s privilege to operate a motor vehicle for 30 days;

(2)   Upon a second conviction, the court shall suspend such person’s privilege to operate a motor vehicle for 90 days; and

(3)   Upon a third or subsequent conviction, the court shall suspend such person’s privilege to operate a motor vehicle for one year.

(d)   Nothing in this section shall limit the court in imposing penalties, conditions or restrictions authorized by any other ordinance arising from the same occurrence in addition to penalties and suspensions imposed under this section.

(K.S.A. Supp. 8-291)

Ref.: Procedure for Imposing Restrictions, K.S.A. 8-292.

No person shall authorize or knowingly permit a motor vehicle owned by him or her or under such person’s control to be driven upon any highway by any person who has no legal right to do so, or who does not have a valid driver’s license.

(K.S.A. 8-264)

No person shall cause or knowingly permit his or her child or ward under the age of 18 years to drive a motor vehicle upon any highway when such minor person is not authorized under the laws of Kansas to drive a vehicle.

(K.S.A. 8-263)

(a)   It shall be unlawful for any person to:

(1)   Operate, or for the owner thereof knowingly to permit the operation, upon a highway of any vehicle which is not registered, or for which a certificate of title has not been issued or which does not have attached thereto and displayed thereon the license plate or plates assigned thereto by the division for the current registration year, including any registration decal required to be affixed to any such license plate pursuant to K.S.A. 8-134, and amendments thereto, subject to the exemptions allowed in K.S.A. 8-135 and 8-198, and amendments thereto. A violation of this subsection (1) by a person unlawfully claiming that a motor vehicle is exempt from registration as a self-propelled crane under K.S.A. 8-128(b) and amendments thereto, shall constitute a violation punishable by a fine of not less than $500. A person shall not be charged with a violation of this subsection (1) for failing to display a registration decal on any vehicle except those included under K.S.A. 8-1,101 and K.S.A. Supp. 8-143m and 8-1,152, and amendments thereto, up to and including the 10th day following the expiration of the registration if the person is able to produce a printed payment receipt or electronic payment receipt from an online electronic payment processing system for the current 12-month registration period. Any charge for failing to display a registration decal up to and including the 10th day following the expiration of the registration shall be dismissed if the person produces in court a registration receipt for the current 12-month registration period which was valid at the time of arrest.

(2)   Display or cause or permit to be displayed, or to have in possession, any registration receipt, certificate of title, registration license plate, registration decal, accessible parking placard or accessible parking identification card knowing the same to be fictitious or to have been canceled, revoked, suspended or altered. A violation of this subsection (2) shall constitute an ordinance violation punishable by a fine of not less than $100 and forfeiture of the item. A mandatory court appearance shall be required of any person violating this subsection (2). This subsection (2) shall not apply to the possession of:

(A)  Model year license plates displayed on antique vehicles as allowed under K.S.A. 8-172, and amendments thereto; or

(B)  Distinctive license plates allowed under K.S.A. 8-1,147, and amendments thereto.

(3)   Lend to or knowingly permit the use by one not entitled thereto any registration receipt, certificate of title, registration license plate or registration decal issued to the person so lending or permitting the use thereof.

(4)   Remove, conceal, alter, mark or deface the license number plate or plates or any other mark of identification upon any vehicle. License plates shall be kept clean and they shall be placed on all vehicles within the city as required by law so as to be plainly legible.

(5)   Carry or display a registered number plate or plates or registration decal upon any vehicle not lawfully issued for such vehicle.

(b)   Any person violating subsections (1), (2) or (3) shall be punished by a fine not exceeding $2,500, or by imprisonment for not less than 30 days nor more than six months, or by both such fine and imprisonment. Any person violating subsections (4) or (5) shall be punished as provided in section 201(d) of this ordinance.

(K.S.A. Supp. 8-142; K.S.A. 8-149)

(a)   It shall be unlawful for any person, for any purpose to:

(1)   Display or cause or permit to be displayed or have in possession any fictitious or fraudulently altered driver’s license.

(2)   Lend any driver’s license to any other person or knowingly permit the use thereof by another.

(3)   Display or represent as the person’s own, any driver’s license not issued to the person.

(4)   Fail or refuse to surrender to any police officer upon lawful demand any driver’s license which has been suspended, revoked or canceled.

(5)   Permit any unlawful use of driver’s license issued to the person.

(6)   Photograph, photostat, duplicate or in any way reproduce any driver’s license or facsimile thereof in such a manner that it could be mistaken for a valid driver’s license or display or have in possession any such photograph, photostat, duplicate, reproduction or facsimile unless authorized by law.

(7)   Display or possess any photograph, photostat, duplicate or facsimile of a driver’s license unless authorized by law.

(8)   Display or cause or permit to be displayed any canceled, revoked or suspended driver’s license.

(b)   Violation of paragraphs (1) or (8) of subsection (a) 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. Violation of paragraphs (2), (3), (4), (5), (6) or (7) of subsection (a) is punishable by a fine of not more than $2,500 or by imprisonment for not more than one year or by both such fine and imprisonment.

(c)   It shall be unlawful for any person to:

(1)   Lend any driver’s license to or knowingly permit the use of any driver’s license by any person under 21 years of age for use in the purchase of any alcoholic liquor.

(2)   Lend any driver’s license to or knowingly permit the use of any driver’s license by a person under the legal age for consumption of cereal malt beverage for use in the purchase of any cereal malt beverage.

(3)   Display or cause to be displayed or have in possession any fictitious or fraudulently altered driver’s license by any person under 21 years of age for use in the purchase of any alcoholic liquor or cereal malt beverage.

(d)

(1)   Upon a first conviction of a violation of any provision of subsection (c) a person shall be sentenced to not less than 100 hours of public service and fined not less than $200 nor more than $500.

(2)   On a second or subsequent conviction of a violation of any provision of subsection (c), a person shall be punished by a fine of not more than $2,500 or by imprisonment for not more than one year or by both such fine and imprisonment.

 

(e)   The provisions of this section shall apply to any driver’s license, whether issued under the laws of this state or issued under the laws of another state or jurisdiction.

(K.S.A. 8-260)

(a)   Every owner shall provide motor vehicle liability insurance coverage in accordance with the provisions of the Kansas Automobile Injury Reparations Act, K.S.A. 40-3101, et seq., for every motor vehicle owned by such person, unless such motor vehicle: (1) Is included under an approved self-insurance plan as provided in K.S.A. 40-3104 (f); (2) is used as a driver training motor vehicle, as defined in K.S.A. 72-5015, and amendments thereto, in an approved driver training course by a school district or an accredited nonpublic school under an agreement with a motor vehicle dealer, and such motor vehicle liability insurance coverage is provided by the school district or accredited nonpublic school; (3) is included under a qualified plan of self-insurance approved by an agency of the state in which such motor vehicle is registered and the form prescribed in subsection (b) of K.S.A. 40-3106, and amendments thereto, has been filed; or (4) is expressly exempted from the provisions of the Kansas Automobile Injury Reparations Act, K.S.A. 40-3101, et seq.

(b)   An owner of an uninsured motor vehicle shall not permit the operation thereof upon a highway or upon property open to use by the public, unless such motor vehicle is expressly exempted from the provisions of the Kansas Automobile Injury Reparations Act.

(c)   No person shall knowingly drive an uninsured motor vehicle upon a highway or upon property open to use by the public, unless such motor vehicle is expressly exempted from the provisions of the Kansas Automobile Injury Reparations Act.

(d)  

(1)   Any person operating a motor vehicle upon a highway or upon property open to use by the public shall display, upon demand, evidence of financial security to a law enforcement officer. Such evidence of financial security which meets the requirements of subsection (e) may be displayed on a cellular phone or any other type of portable electronic device. The law enforcement officer to whom such evidence of financial security is displayed shall view only such evidence of financial responsibility. Such law enforcement officer shall be prohibited from viewing any other content or information stored on such cellular phone or other type of portable electronic device. The law enforcement officer shall issue a citation to any person who fails to display evidence of financial security upon such demand. The law enforcement officer shall transmit a copy of the insurance verification form prescribed by the secretary of revenue with the copy of the citation transmitted to the court.

(2) No citation shall be issued to any person for failure to provide proof of financial security when evidence of financial security meeting the standards of subsection (e) is displayed upon demand of a law enforcement officer. Whenever the authenticity of such evidence is questionable, the law enforcement officer may initiate the preparation of the insurance verification form prescribed by the secretary of revenue by recording information from the evidence of financial security displayed. The officer shall immediately forward the form to the department of revenue, and the department shall proceed with verification in the manner prescribed in the following paragraph. Upon return of a form indicating that insurance was not in force on the date indicated on the form, the department shall immediately forward a copy of the form to the law enforcement officer initiating preparation of the form.

 

(e)   Unless the insurance company subsequently submits an insurance verification form indicating that insurance was not in force, no person charged with violating subsections (b), (c) or (d) shall be convicted if such person produces in court, within 10 days of the date of arrest or of issuance of the citation, evidence of financial security for the motor vehicle operated, which was valid at the time of arrest or of issuance of the citation. Such evidence of financial security may be produced by displaying such information on a cellular phone or any other type of portable electronic device. Any person to whom such evidence of financial security is displayed on a cellular phone or any other type of portable electronic device shall be prohibited from viewing any other content or information stored on such cellular phone or other type of portable electronic device. For the purpose of this subsection, evidence of financial security shall be provided by a policy of motor vehicle liability insurance, an identification card or certificate of insurance issued to the policyholder by the insurer which provides the name of the insurer, the policy number, make and year of the vehicle, and the effective and expiration dates of the policy, or a certificate of self-insurance signed by the commissioner of insurance.

(f)   Any person violating any provision of this section shall be guilty of a violation of this ordinance and subject to a fine of not less than $300 nor more than $1,000 or by imprisonment for a term of not more than six months, or both such fine and imprisonment, except that any person convicted of violating any provision of this section within three years of any such prior conviction shall be guilty of a violation of this ordinance and subject to a fine of not less than $800 nor more than $2,500 or by imprisonment for a term not to exceed one year, or both such fine and imprisonment.

(K.S.A. Supp. 40-3104)