CHAPTER 14. TRAFFICCHAPTER 14. TRAFFIC\Article 1. Standard Traffic Ordinance

(a)   There is hereby incorporated by reference for the purpose of regulating traffic within the corporate limits of the City of Paola, Kansas, that certain standard traffic ordinance known as the "Standard Traffic Ordinance for Kansas Cities, 51st Edition” prepared and published in book form by the League of Kansas Municipalities, Topeka, Kansas.  No less than one copy of the Standard Traffic Ordinance shall be marked or stamped "OFFICIAL COPY AS ADOPTED BY ORDINANCE NO. 3222", and to which shall be attached a copy of this ordinance, and filed with the City Clerk to be open for inspection and available to the public at all reasonable hours.  The police department, municipal judge and all administrative departments of the city charged with enforcement of the ordinance shall be supplied, at the cost of the city, such number of official copies of the Standard Traffic Ordinance similarly marked, as may be deemed expedient.

(b)   Omission. The following sections of the Standard Traffic Ordinance for Kansas Cities, 51st Edition, relating to the following matters, are hereby omitted and deleted:

Section 114.1 Unlawful Operation of All-Terrain Vehicle.

Section 114.4 Unlawful Operation of a Golf Cart.

Section 114.5 Unlawful Operation of a Work-Site Utility Vehicle.

Section 195.1 Operation of a Motor Vehicle When a Habitual Violator.

(c)   Amendment. Section 194 of the Standard Traffic Ordinance for Kansas Cities 51st Edition shall be amended to read as follows:

Sec. 194. Driving While License Canceled, Suspended Or Revoked; Penalty.

(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, 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, 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, except as provided in subsection (a)(4), shall be sentenced to at least five days' imprisonment and fined at least $100 and upon a second conviction shall not be eligible for parole until completion of five days' imprisonment.

(4)   Persons under this section shall not be sentenced to mandatory confinement if a license is suspended for first or second offense, due to non-payment of fines or failure to appear but shall receive a minimum fine of $100.

(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.

(Prior Code 2016 §300.010; Ord. 3146; Ord. 3165; Code 2021; Ord. 3176; Ord. 3190; Ord. 3212; Ord. 3222)

(a)   An ordinance traffic infraction is a violation of any section of this article that prescribes or requires the same behavior as that prescribed or required by a statutory provision that is classified as a traffic infraction in K.S.A. 8-2118.

(a)   All traffic violations which are included within this article, and which are not ordinance traffic infractions, as defined in subsection (a) of this section, shall be considered traffic offenses.

(Prior Code 2016 §300.020; Ord. 2523; Code 2021)

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 ten dollars ($10.00) nor more than five hundred dollars ($500.00). 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 five hundred dollars ($500.00).

(Prior Code 2016 §300.030; Ord. 2523; Code 2021)

The Governing Body may, by resolution, establish and fix the location of such traffic control devices as may be deemed necessary to guide and warn traffic under the provisions of this Chapter, other traffic ordinances and the State laws. The City shall place and maintain such traffic control signs, signals and devices when and as may be required by the authority of the Governing Body to make effective the provisions of this Chapter and other ordinances for the regulation of traffic. Any official traffic control device placed pursuant to this section shall be listed on a Schedule of Traffic Control Devices of the City of Paola for the purpose of identifying all such traffic control devices and shall be filed with the City Clerk to be open to inspection and available to the public at all reasonable hours of business.

(Prior Code 2016 §300.040; Ord. 2387; Ord. 2605; Ord. 2620; Ord. 2645; Ord. 2672; Ord. 2685; Ord. 2929; Code 2021)

Whenever a school district in control of any private property used by the public for purposes of vehicular traffic by permission of the school district, shall cause to be posted at such entrance thereto a permanently lettered clearly legible sign with the following legend:

       TRAFFIC REGULATIONS OF THE CITY OF PAOLA ENFORCED ON THIS PROPERTY. SPEED LIMIT 15.

Then such school district property shall thereafter be deemed to be under the traffic regulations of the City as provided by law and the Standard Traffic Ordinances

(Prior Code 2016 §300.050; Ord. 2816; Code 2021)