(a)   The provisions of this Chapter or any other Chapter of this Code shall not be deemed to prevent local authorities with respect to streets and highways under their jurisdiction and within the reasonable exercise of the police power from:

(1)   Regulating or prohibiting stopping, standing or parking;

(2)   Regulating traffic by means of police officers or official traffic-control devices;

(3)   Regulating or prohibiting processions or assemblages on the highways;

(4)   Designating particular highways or roadways for use by traffic moving in one direction as authorized by K.S.A. 8-1521;

(5)   Establishing speed limits for vehicles in public parks notwithstanding the provisions of Subsection (a)(3) of K.S.A. 8-1560;

(6)   Designating any highway as a through highway or designating any intersection or junction of roadways as a stop or yield intersection or junction;

(7)   Restricting the use of highways as authorized in K.S.A. 8-1912;

(8)   Regulating the operation of bicycles and requiring the registration and inspection of same, including the requirement of a registration fee;

(9)   Regulating or prohibiting the turning of vehicles or specified types of vehicles;

(10) Altering or establishing speed limits as authorized in K.S.A. 8-1560;

(11) Establish school zones as provided in Subsection (a)(4) of K.S.A. 8-1560;

(12) Designating no-passing zones as authorized in K.S.A. 8-1520;

(13) Prohibiting or regulating the use of controlled-access roadways by any class or kind of traffic as authorized in K.S.A. 8-1525;

(14) Prohibiting or regulating the use of heavily traveled streets by any class or kind of traffic found to be incompatible with the normal and safe movement of traffic;

(15) Establishing minimum speed limits as authorized in Subsection (b) of K.S.A. 8-1561;

(16) Designating hazardous railroad grade crossings as authorized in K.S.A. 8-1552;

(17) Designating and regulating traffic on play streets;

(18) Prohibiting pedestrians from crossing a roadway in a business district or any designated highway except in a crosswalk as authorized in K.S.A. 8-2006;

(19) Restricting pedestrian crossings at unmarked crosswalks as authorized in K.S.A. 8-2007;

(20) Regulating persons propelling push carts;

(21) Regulating persons upon skates, coasters, sleds and other toy vehicles;

(22) Adopting and enforcing such temporary or experimental regulations as may be necessary to cover emergencies or special conditions;

(23) Adopting such other traffic regulations as are specifically authorized by this act.

(b)   No local authority shall erect or maintain any official traffic-control device at any location so as to require the traffic on any State highway to stop before entering or crossing any intersecting highway unless approval in writing has first been obtained from the Secretary of Transportation.

(c)   No ordinance enacted under Subparagraph (4 – 7), (9), (10), (12 – 14), (16), (17) or (19) of Subsection (A) of this Section shall be effective until official traffic-control devices giving notice of such local traffic regulations are erected upon or at the entrances to the highway or part thereof affected as may be most appropriate.

(Prior Code 2016 §305.010; K.S.A. 8-2002; Code 2021)

(a)   No person shall operate or halt any vehicle in such a manner as to indicate a careless or heedless disregard for the rights or the safety of others, or in such a manner as to endanger or be likely to endanger any person or property.

(b)   Every person convicted of a violation of the provisions of this Section shall be punished for a first (1st) conviction thereof by a fine of not more than one hundred dollars ($100.00) or by imprisonment for not more than ten (10) days; for a second (2nd) such conviction within one (1) year thereafter, such person shall be punished by a fine of not more than three hundred dollars ($300.00) or by imprisonment for not more than twenty (20) days, or by both such fine and imprisonment; upon a third (3rd) or subsequent conviction within one (1) year after the first (1st) conviction, such person shall be punished by a fine of not more than five hundred dollars ($500.00) or by imprisonment for not more than six (6) months, or by both such fine and imprisonment.

(Prior Code 2016 §305.020; Ord. 2155; Ord. 2693; Code 2021)

Whenever snow has accumulated or there is a possibility that snow will accumulate in the City streets which will necessitate snow removal operations, the City Manager may declare an emergency and require the removal of vehicles off certain streets for snow removal. The Police Department will be charged with notifying persons so involved to remove said vehicles due to snow removal operations.

(Prior Code 2016 §305.030; Code 2021)

Motor Vehicle Abandoned On Public Highway or Property Open To Use By Public; Public Agency May Impound; Disposition; Motor Vehicle Abandoned On Private Property; Criminal Trespass; Impounding and Disposition of Vehicle; Notice; Recovery From Impoundment, Requirements.

(a)   Abandoned Motor Vehicle.

(1)   A person shall not use the public highway to abandon vehicles or use the highway to leave vehicles unattended in such a manner as to interfere with public highway operations. When a person leaves a motor vehicle on a public highway or other property open to use by the public, the public agency having jurisdiction of such highway or other property open to use by the public, after forty-eight (48) hours or when the motor vehicle interferes with public highway operations, may remove and impound the motor vehicle.

(2)   Any motor vehicle which has been impounded as provided in this Section for thirty (30) days or more shall be disposed of in the following manner: If such motor vehicle has displayed thereon a registration plate issued by the division of vehicles and has been registered with the division, the public agency shall request verification from the division of vehicles of the last registered owner and any lienholders, if any. Such verification request shall be submitted to the division of vehicles not more than thirty (30) days after such agency took possession of the vehicle. The public agency shall mail a notice by certified mail to the registered owner thereof, addressed to the address as shown on the certificate of registration, and to the lienholder, if any, of record in the county in which the title shows the owner resides, if registered in this state. The notice shall state that if the owner or lienholder does not claim such motor vehicle and pay the removal and storage charges incurred by such public agency on it within fifteen (15) days from the date of the mailing of the notice, that it will be sold at public auction to the highest bidder for cash. The notice shall be mailed within ten (10) days after receipt of verification of the last owner and any lienholders, if any, as provided in this Subsection.

       After fifteen (15) days from date of mailing notice, the public agency shall publish a notice once a week for two consecutive weeks in a newspaper of general circulation in the county where such motor vehicle was abandoned and left, which notice shall describe the motor vehicle by name of maker, model, serial number, and owner, if known, and stating that it has been impounded by the public agency and that it will be sold at public auction to the highest bidder for cash if the owner thereof does not claim it within ten (10) days of the date of the second publication of the notice and pay the removal and storage charges, and publication costs incurred by the public agency. If the motor vehicle does not display a registration plate issued by the division of vehicles and is not registered with the division, the public agency after thirty (30) days from the date of impoundment, shall request verification from the division of vehicles of the last registered owner and any lienholders, if any. Such verification request shall be submitted to the division of vehicles no more than thirty (30) days after such agency took possession of the vehicle. The public agency shall mail a notice by certified mail to the registered owner thereof, addressed to the address as shown on the certificate of registration, and to the lienholder, if any, of record in the county in which the title shows the owner resides, if registered in this state. The notice shall state that if the owner or lienholder does not claim such motor vehicle and pay the removal and storage charges incurred by such public agency on it within fifteen (15) days from the date of the mailing of the notice, it will be sold at public auction to the highest bidder for cash. The notice shall be mailed within ten (10) days after receipt of verification of the last owner and any lienholders, if any, as provided in this Subsection. After fifteen (15) days from the date of mailing notice, the public agency shall publish a notice in a newspaper of general circulation in the county where such motor vehicle was abandoned and left, which notice shall describe the motor vehicle by name of maker, model, color and serial number and shall state that it has been impounded by said public agency and will be sold at public auction to the highest bidder for cash, if the owner thereof does not claim it within ten (10) days of the date of the second publication of the notice and pay the removal and storage charges incurred by the public agency.

       When any public agency has complied with the provisions of this Section with respect to an abandoned motor vehicle and the owner thereof does not claim it within the time stated in the notice and pay the removal and storage charges and publication costs incurred by the public agency on such motor vehicle, the public agency may sell the motor vehicle at public auction to the highest bidder for cash.

(3)   After any sale pursuant to this Section, the purchaser may file proof thereof with the division of vehicles, and the division shall issue a certificate of title to the purchaser of such motor vehicle. All monies derived from the sale of motor vehicles pursuant to this Section, after payment of the expenses of the impoundment and sale, shall be paid into the fund of the public agency which is used by it for the construction or maintenance of highways.

(b)   Any person who abandons and leaves a vehicle on real property, other than public property or property open to use by the public, which is not owned or leased by such person or by the owner or lessee of such vehicle shall be guilty of criminal trespass, as defined by K.S.A. 21-3721, and amendments thereto, and upon request of the owner or occupant of such real property, the public agency in whose jurisdiction such property is situated may remove and dispose of such vehicle in the manner provided in Subsection (A), except that the provisions of Subsection (A) requiring that a motor vehicle be abandoned for a period of time in excess of forty-eight (48) hours prior to its removal shall not be applicable to abandoned vehicles which are subject to the provisions of this Subsection. Any person removing such vehicle from the real property at the request of such public agency shall have a possessory lien on such vehicle for the costs incurred in removing, towing and storing such vehicle.

(c)   Whenever any motor vehicle has been left unattended for more than forty-eight (48) hours or when any unattended motor vehicle interferes with public highway operations, any law enforcement officer is hereby authorized to move such vehicle or cause to have the vehicle moved as provided in K.S.A. 8-1103 et seq., and amendments thereto.

(d)   The notice provisions of this Section shall apply to any motor vehicle which has been impounded as provided in K.S.A. 8-1567, and amendments thereto.

(e)   Any person attempting to recover a motor vehicle impounded as provided in this Section or in accordance with a city ordinance or county resolution providing for the impoundment of motor vehicles, shall show proof of valid registration and ownership of the motor vehicle to the public agency before obtaining the motor vehicle. In addition, the public agency may require payment of all reasonable costs associated with the impoundment of the motor vehicle, including transportation and storage fees, prior to release of the motor vehicle.

(Prior Code 2016 §305.040; K.S.A. 8-1102; Code 2021)

(a)   All applicable ordinances of the City as relating to traffic and vehicles shall apply to those parking lots owned or maintained by the City: provided, that it shall be unlawful for any person, firm or corporation to place or cause to be placed any motor vehicle on any municipal parking lot for commercial or storage purposes.

(b)   The provisions of this Section and Schedules shall not apply to persons operating police, fire, ambulance, public utility, and City of Paola utility and service vehicles, and vehicles operated by City Officials and employees on official business, and vehicles operated by persons of the medical profession in carrying out their duties.

(c)   Any person violating any provision of this Section shall upon conviction thereof be fined in any sum not exceeding twenty dollars ($20.00).

(Prior Code 2016 §305.050; Ord. 2534; Code 2021)

(a)   Except as provided herein, it shall be unlawful for any person to operate an all-terrain vehicle, unregistered motorcycle or unregistered motor vehicle upon the streets, alleys or highways within the corporate limits of the City of Paola, Kansas, or within drainage easements of the City of Paola, Kansas.

(b)   The provisions of this Section shall not apply to all-terrain vehicles owned and operated by a County Noxious Weed Department, or all-terrain vehicles owned and operated by persons contracting with the Miami County Weed Department or Kansas Department of Transportation may be allowed to operate such all-terrain vehicles upon the right-of-way of any Federal highway or State highway, provided such vehicles are properly identified, per applicable Kansas Department of Transportation standards, as slow-moving vehicles and are operated at less than ten (10) mph.

(c)   The provisions of this Section shall not apply to all-terrain vehicles owned and operated by USD 368 School District or the City of Paola, Kansas, and operated by its employees, may be allowed to operate such all-terrain vehicles upon the streets, alleys or highways within the corporate limits for the maintenance of the District’s or City’s facilities, provided such vehicles are properly identified, per applicable Kansas Department of Transportation standards, as slow-moving vehicles and are operated at less than ten (10) mph.

(d)   The provisions of this Section shall not apply to the Governing Body of the City of Paola, Kansas, or the Chief of Police may authorize the operation of such all-terrain vehicles, unregistered motorcycles or unregistered motor vehicles:

(1)   To participate in parades or other public functions; or

(2)   To be operated when the use of the highway by other motor vehicles is impossible because of snow.

(e)   No all-terrain vehicle shall be operated on any public highway, street or road between sunset and sunrise unless equipped with lights as required by law for motorcycles.

(f)   As used herein, an “all-terrain vehicle” is defined as being any motorized non-highway vehicle forty-five (45) inches or less in width, having a dry weight of six hundred fifty (650) pounds or less, traveling on three (3) or more low pressure tires and having a seat to be straddled by the operator. As used in this Section, “low pressure tire” means any pneumatic tire six (6) inches or more in width, designed for use on wheels with rim diameter of twelve (12) inches or less and utilizing an operating pressure of ten (10) pounds per square inch or less as recommended by the vehicle manufacturer.

(g)   As used herein, an “unregistered motor vehicle” is defined as being a motor vehicle which does not have a registration certificate or certificates and registration plates issued under the laws of the State of Kansas pertaining to the registration of vehicles including, but not limited to: all-terrain vehicles, motorcycles, go-karts, dune buggies, tracked vehicles, snowmobiles, low power cycles forty-nine (49) cc or less, unlicensed motor scooters and competition motor vehicles.

(h)   Any person convicted of a violation of any provision of this Section shall be punished by a fine of a minimum of one hundred dollars ($100.00) but not exceeding five hundred dollars ($500.00).

(Prior Code 2016 §305.060; Ord. 2900; Ord. 3050; Ord. 3060; Ord. 3074; Ord. 3087; Ord. 3101; Ord. 3117; Ord. 3128; Code 2021)

(a)   Golf carts may be operated upon the public highways, streets, roads and alleys within the corporate limits of the city; provided, however, that no golf cart may be operated upon any public highway, street, road and alley with a posted speed limit in excess of 30 miles per hour. No golf cart shall be operated on any interstate highway, federal highway or state highway; provided, however, that the provisions of this subsection shall not prohibit a golf cart from crossing a federal or state highway with a posted speed limit greater than 30 miles per hour.

(b)   No golf cart shall be operated on any public highway, street, road or alley between sunset and sunrise.

(c)   Every person operating a golf cart on the public highways, streets, roads and alleys of the city shall be subject to all of the duties applicable to a driver of a vehicle imposed by law.

(d)   No person shall operate a golf cart on any public highway, street, road or alley within the corporate limits of the city unless such person has a valid, unrestricted, driver’s license. 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.

(e)   “Golf cart” means a motor vehicle that has not less than three wheels in contact with the ground, an unladen weight of not more than 1,800 pounds, is designed to be operated at not more than 25 miles per hour and is designed to carry not more than six persons, including the driver.

(f)   It shall be illegal for any person to operate a golf cart on any public highway, street, road or alley with more passengers than the golf cart is designed to seat.

(g)   Unless specifically provided herein, a violation of this section shall be deemed an ordinance traffic infraction. Upon an entry of a plea of guilty or no contest or upon being convicted of such violation, the penalty imposed shall be in accordance with Section 201, 2009 Standard Traffic Ordinance, and amendments thereto, or such other similar provision as the city may then have in effect.

(h)   It shall be illegal to operate a golf carts vehicle on any public highway, street, road or alley within the corporate limits of the city unless such vehicle displays a slow-moving vehicle emblem on the rear of the vehicle.

(1)   For the purpose of this section, “slow-moving vehicle emblem” has the same meaning as contained in K.S.A. 8-1717, and amendments thereto.

(2)   The slow-moving vehicle emblem shall be mounted and displayed in compliance with K.S.A. 8-1717, and amendments thereto

(Prior Code 2016 §305.070; Ord. 3003; Ord. 3024; Ord. 3034; Ord. 3050; Ord. 3060; Ord. 3074; Ord. 3087; Ord. 3101; Ord. 3117; Ord. 3128; Ord. 3146; Ord. 3165; Code 2021)

(a)   Work-Site Utility Vehicle, or UTV means any vehicle designed for off-highway use which has: a width no less than 48 inches; an overall length, including the bumper, of not more than 135 inches; four or more wheels; low pressure tires; side by side seating; a steering wheel; non-straddle seating; manufacturer provided foot controls for throttle and braking, excluding any modifications for use by handicapped persons; occupant restraints, and rollover protective structures.

(b)   Work-Site Utility Vehicle may be operated upon the public highways, streets, roads and alleys within the corporate limits of the city; provided, however, that no work-site utility vehicle may be operated upon any public highway, street, road and alley with a posted speed limit in excess of 45 miles per hour. No work-site utility vehicle shall be operated on any interstate highway, federal highway or state highway; provided, however, that the provisions of this subsection shall not prohibit a work-site utility vehicle from crossing a federal or state highway with a posted speed limit greater than 45 miles per hour.

(c)   No work-site utility vehicle shall be operated on any public highway, street, road or alley unless such vehicle is equipped with lights, turn signals, and reflectors as required for motor vehicles under Article 17 of Chapter 8 of the Kansas Statutes Annotated (K.S.A.), and amendment thereto.

(d)   In addition to any equipment required by this section, a UTV operating upon any public highway, street, road or alley shall be equipped with at least one rear view mirror and side mirrors.

(e)   All UTV shall comply with noise and muffler requirements as set forth in K.S.A. 8-1739, and amendments thereto.

(f)   Every person operating a work-site utility vehicle on the public highways, streets, roads and alleys of the city shall be subject to all of the duties applicable to a driver of a vehicle imposed by law.

(g)   No person shall operate a work-site utility vehicle on any public highway, street, road or alley within the corporate limits of the city unless such person has a valid, unrestricted, driver’s license. 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.

(h)   Every owner of a work-site utility vehicle, before operating said vehicle on the public highways, streets, roads, or alleys within the corporate limits of the City of Paola, shall register said vehicle with the Paola Police Department and obtain a registration sticker. The registration sticker issued by the city shall be valid through December 31 for the year for which it is issued and be permanently affixed to the vehicles left rear quarter panel. Before the city will issue any annual registration license for a work-site utility vehicle, the owner of said vehicle must provide:

(1)   Current valid, unrestricted driver’s license.

(2)   Proof of liability insurance specifically listing the UTV vehicle, in accordance with the Kansas Automobile Injury Reparations Act.

(3)   Payment of the initial registration fee of $150.00 or the annual license renewal fee of $25.00

(i)    It shall be illegal for any person to operate a work-site utility vehicle on any public highway, street, road or alley with more passengers than the work-site utility vehicle is designed to seat and all persons are required to wear seatbelts.

(j)    Unless specifically provided herein, a violation of this section shall be deemed an ordinance traffic infraction. Upon an entry of a plea of guilty or no contest or upon being convicted of such violation, the penalty imposed shall be in accordance with Section 201, Standard Traffic Ordinance, and amendments thereto, or such other similar provision as the city may then have in effect.

(Prior Code 2016 §305.080; Ord. 3146; Ord. 3165; Code 2021)