CHAPTER V. PUBLIC OFFENSESCHAPTER V. PUBLIC OFFENSES\Article 10. Special Use Vehicles

As used in this article, the following words and phrases shall have the meanings respectively ascribed to them in this section, except when the context requires otherwise.

(a)   All-terrain vehicle - means any motorized non-highway vehicle 50 inches or less in width, having a dry weight of 1,500 pounds or less, traveling on three or more nonhighway tires, and having a seat to be straddled by the operator. As used in this subsection, “non-highway tire” means any pneumatic tire six inches or more in width, designed for use on wheels with rim diameter of 14 inches or less.

(b)   Golf cart/Golf Car - 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 four persons, including the driver.

(c)   Micro utility truck - means any motor vehicle which is not less than 48 inches in width, has an overall length, including the bumper, of not more than 160 inches, has an unladen weight, including fuel and fluids, of more than 1,500 pounds, can exceed 40 miles per hour as originally manufactured and is manufactured with a metal cab. “Micro utility truck” does not include a work-site utility vehicle.

(d)   Special purpose vehicle - means all-terrain vehicle, golf cart/golf car, micro utility truck and work-site utility vehicle, either individually or collectively.

(e)   Work-site utility vehicle - means any motor vehicle which is not less than 48 inches in width, has an overall length, including the bumper, of not more than 135 inches, has an unladen weight, including fuel and fluids, of more than 800 pounds and is equipped with four or more low pressure tires, a steering wheel and bench or bucket type seating allowing at least two people to sit side-by-side, and may be equipped with a bed or cargo box for hauling materials. “Work-site utility vehicle” does not include a micro utility truck.

(Ord. G-10-05; Code 2019)

(a)   All-terrain vehicles may be operated upon the public highways, streets, roads and alleys within the corporate limits of the city; provided, however, that no all-terrain vehicle shall be operated on any interstate highway, federal highway or state highway; provided, however, that the provisions of this subsection shall not prohibit an all-terrain vehicle from crossing a federal or state highway.

(b)   No all-terrain vehicle shall be operated on any public highway, street, road or alley between sunset and sunrise.

(c)   A person shall ride upon an all-terrain vehicle only while sitting astride the seat, facing forward, with one leg on each side of the all-terrain vehicle.

(d)   No operator shall carry any person, nor shall any person ride, in a position that will interfere with the operation or control of the all-terrain vehicle or the view of the operator.

(e)   Golf carts/Golf cars may be operated upon the public highways, streets, roads and alleys within the corporate limits of the city.

(f)   No golf cart/golf car may be operated upon any public highway, street, road and alley with a posted speed limit of more than 30 miles per hour.

(g)   No golf cart/golf car 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.

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

(i)    Every golf cart/golf car shall display a slow-moving vehicle sign on the rear of the vehicle.

(j)    Every golf cart/golf car shall be equipped with brake light(s) and turn signals. Turn signals shall be visible from both the front and the rear of the vehicle.

(k)   Micro utility trucks may be operated upon the public highways, streets, roads and alleys within the corporate limits of the city.

(l)    No micro utility truck shall be operated on any public highway, street, road or alley, unless such truck complies with the equipment requirements under Article 17 of Chapter 8 of the Kansas Statutes Annotated, and amendments thereto.

(m)  No micro utility truck shall be operated on any interstate highway, federal highway or state highway; provided, however, that the provisions of this subsection shall not prohibit a micro utility truck from crossing a federal or state highway.

(n)   Every micro utility truck shall be equipped with brake light(s) and turn signals. Turn signals shall be visible from both the front and the rear of the vehicle.

(o)   Work-site utility vehicles may be operated upon the public highways, streets, roads and alleys within the corporate limits of the city.

(p)   No work-site utility vehicle shall be operated on any public highway, street, road or alley between sunset and sunrise unless such vehicle is equipped with lights as required by law for motorcycles.

(q)   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.

(r)    Every work-site utility vehicle shall be equipped with brake light(s) and turn signals. Turn signals shall be visible from both the front and the rear of the vehicle.

(Ord. G-10-05; Code 2019)

(a)   No person shall operate a special purpose 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.

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

(c)   Speed limit shall apply as not to exceed 30 miles per hour in streets and 10 miles per hour in alley ways.

(d)   Every person operating a special purpose vehicle on the public highways, streets, roads and alleys of the city shall use proper eye protection device(s).

(e)   Every person operating an all-terrain vehicle under the age of 18 years of age shall wear a helmet which complies with the minimum guidelines established by the National Highway Traffic Safety Administration.

(Ord. G-10-05; Code 2019)

(a)   Before operating any special purpose vehicle on any public highway, street, road or alley within the corporate limits of the city and each calendar year thereafter, the vehicle shall be registered with the city and a license shall be obtained and placed on the vehicle. The license fee shall be twenty-five dollars ($25.00) per calendar year, payable in advance to the police chief or other person designated by the city to collect said fee. The full amount of the license fee shall be required regardless of the time of year that the application is made.

(b)   Application for registration of a special purpose vehicle shall be made by the owner, or owner’s agent, in the office of the police chief. The application shall be made upon forms provided by the city and each application shall contain the name of the owner, the owner’s residence address, or bona fide place of business, a brief description of the vehicle to be registered (including make, model and serial number, if applicable).

(c)   Prior to the issuance of the registration and license, each applicant for a special purpose vehicle license shall first present such vehicle for an official inspection. If, upon inspection such vehicle is found to be in safe mechanical condition, and upon completion of the registration application, establishing proof of insurance and payment of the fees herein provided, a license shall be issued to the owner who shall attach it to the vehicle. The license shall be displayed in such a manner as to be clearly visible from the rear of the vehicle. The license number on the application will be recorded and then filed in the police department.

(d)   It is unlawful for any person to willfully or maliciously remove, destroy, mutilate or alter such license during the time in which the same is operative.

(e)   The license issued hereunder is not transferrable. In the event of sale or other transfer of ownership of any vehicle license under the provisions of this section, the existing license and the right to use the numbered license shall expire, and the license shall be removed by the owner. It is unlawful for any person other than the person to whom the license was originally issued to have the same in his possession.

(f)   In the event a license is lost or destroyed, the police chief or other person designated by the city, upon proper showing by the licensee and the payment of a fee of five dollars $5.00, shall issue a new license in accordance with the provisions of this section.

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

(1)   Operate, or for the owner thereof knowingly to permit the operation, upon a public street, road, highway, or alley within the corporate limits of the city any special purpose vehicle which is not registered, and which does not have attached thereto and displayed thereon the license assigned thereto by the city for the current registration year.

(2)   Display, cause or permit to be displayed, or to have in possession, any registration receipt, registration license or registration decal knowing the same to be fictitious or to have been canceled, revoked, suspended or altered.

(3)   Lend to or knowingly permit the use by one not entitled thereto any registration receipt, 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, plates or decals, or any other mark of identification upon any special purpose vehicle. Licenses shall be kept clean and placed as required by law to be plainly visible and legible.

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

(Ord. G-10-05; Code 2019)

Every owner of an All-Terrain Vehicle, Golf Cart, Micro Utility Truck, Special Purpose Vehicle and Work-Site Utility Vehicle shall provide liability coverage in accordance with Section 5-502 of the City’s Standard Traffic Ordinance, and amendments thereto, and the Kansas Automobile Injury Reparations Act, K.S.A. 40-3101 et seq., and amendments thereto.

(Ord. G-10-05; Code 2019)

Unless specifically provided for herein, a violation of this article 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 a fine of not less than $50.00 and not to exceed $1,000.00 per violation.

(Ord. G-10-05; Code 2019)