Ordinance 1693

ORDINANCE NO. 1693

AN ORDINANCE AUTHORIZING THE OPERATION OF WORK-SITE UTILITY VEHICLES, MICRO UTILITY TRUCKS AND UTILITY TERRAIN VEHICLES ON THE STREETS WITHIN THE CORPORATE LIMITS OF THE CITY OF GOODLAND; PROVIDING FOR RELATED MATTERS, INCLUDING PENALTIES FOR VIOLATION THEREOF; AND, PROVIDING FOR THE REPEAL OF ORDINANCE NO. 1595 AND ORDINANCE NO. 1651 OF THE CODE OF THE CITY OF GOODLAND, SECTIONS 114.1, 114.2, 114.4 AND 114.5 OF THE STANDARD TRAFFIC ORDINANCE, AS ADOPTED BY THE CITY OF GOODLAND.

Be it Ordained by the Governing Body of the City of Goodland, Kansas:

Section 1. OPERATION OF WORK-SITE UTILITY VEHICLES. (a) Work-site utility vehicles may be operated upon the public streets, roads and alleys within the corporate limits of the city.

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

(c) Every person operating a work-site utility vehicle on the public 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.

Section 2. SAME: VALID DRIVER’S LICENSE REQUIRED; PENALTY. No person shall operate a work-site utility vehicle on any public street, road or alley within the corporate limits of the city unless such person has a valid driver’s license and is at least 18 years of age. Violation of this section shall be governed by Article 19 of the Standard Traffic Ordinances as adopted by the City of Goodland.

Section 3. SAME; DEFINITION: “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 a bench or bucket type seating allowing at least two people to sit side-by-side, seatbelts for both the driver and passenger and may be equipped with a bed or cargo box for hauling materials. “Work-site utility vehicle” does not include a micro utility truck.

Section 4. SAME; PENALTY. Unless specifically provided for herein, a violation of this section shall be deemed an ordinance traffic infraction. Upon an entry of 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 as adopted by the City of Goodland and amendments thereto, or such other similar provision as the city may then have in effect.

Section 5. SAME; INSURANCE REQUIRED; PENALTY: (a) Every owner of a work-site utility vehicle shall provide liability coverage in accordance with Section 200 of the Standard Traffic Ordinance as adopted by the City of Goodland, and amendments thereto, and the Kansas Automobile Injury Reparations Act, K.S.A. 40-3101, et seq., and amendments thereto.

(b) All provisions of Section 200 of the Standard Traffic Ordinance as adopted by the City of Goodland, and amendments thereto, including penalty provisions, shall be applicable to all owners and operators of work-site utility vehicles.

Section 6: SAME; REGISTRATION AND LICENSE; FEE; APPLICATION; INSPECTION; PENALTY: (a) Before operating a worksite utility vehicle on any public street, roador alley within the corporate limits of the city, and each calendar year thereafter, the vehicle shall be registered with the Goodland Police Department and a license/decal shall be obtained and placed on the rear of the vehicle, on the driver’s side, clearly visible from the rear of the vehicle.

(b) 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) Proof of insurance, as required in Section 4 of this ordinance, shall be furnished at the time of application for registration. The annual registration fee for a work-site utility vehicle shall be $25.00 and due by the third Tuesday of January of each calendar year. The full amount of the license fee shall be required regardless of the time of year that the application is made. The license issued hereunder is not transferrable.

Section 7. OPERATION OF MICRO UTILITY TRUCKS. (a) Micro utility trucks may be operated upon the public streets, roads and alleys within the corporate limits of the city.

(b) No micro utility truck shall be operated on any public 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. 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.

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

Section 8. SAME: VALID DRIVER’S LICENSE REQUIRED; PENALTY. No person shall operate a micro utility truck on any public street, road or alley within the corporate limits of the city unless such person has a valid driver’s license and is at least 18 years of age. Violation of this section shall be governed by Article 19 of the Standard Traffic Ordinance as adopted by the City of Goodland.

Section 9. SAME; DEFINITION: “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.

Section 10. SAME; PENALTY. 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 as adopted by the City of Goodland, and amendments thereto, or such other similar provision as the city may then have in effect.

Section 11. SAME; INSURANCE REQUIRED; PENALTY. (a) Every owner of a micro utility truck shall provide liability coverage in accordance with Section 200 of the Standard Traffic Ordinance as adopted by the City of Goodland, and amendments thereto, and the Kansas Automobile Injury Reparations Act, K.S.A. 40-3101, et seq., and amendments thereto.

Section 12. SAME; REGISTRATION AND LICENSE; FEE; APPLICATION; INSPECTION; PENALTY:

Before operating a micro utility truck on any public street, road or alley within the corporate limits of the city, each calendar year thereafter, the vehicle shall be registered with the Goodland Police Department and a license/decal shall be obtained and placed on the front of the vehicle, on the driver’s side, clearly visible from the front of the vehicle.
The application shall be made upon forms provided by the city and each application shall contain the names 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).
Proof of insurance, as required in Section 4 of this ordinance, shall be furnished at the time of application for registration. The annual registration fee for a work-site utility vehicle shall be $25.00 and due by the third Tuesday of January of each calendar year. The full amount of the license fee shall be required regardless of the time of year that the application is made. The license issued hereunder is not transferrable.

Section 13. OPERATION OF UTILITY TERRAIN VEHICLES. (a) Utility terrain vehicles may be operated upon the public streets, roads and alleys within the corporate limits of the city.

(b) No utility terrain vehicle shall be operated on any public 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. No utility 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 a utility terrain vehicle from crossing a federal or state highway.

(c) Every person operating a utility terrain vehicle on the public 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.

Section 14. SAME; VALID DRIVER’S LICENSE REQUIRED; PENALTY. No person shall operate a utility terrain vehicle on any public street, road or alley within the corporate limits of the city unless such person has a valid driver’s license and is at least 18 years of age. Violation of this section shall be governed by Article 19 of the Standard Traffic Ordinances as adopted by the City of Goodland.

Section 15. SAME; DEFINITION: “Utility terrain vehicle” means any motor vehicle with off road design which is less than 65 inches in width and on overall length of no more than 150 inches, has an unladen weight, including fuel and fluids, of no more than 2,000 pounds, equipped with a steering wheel, foot pedals, roll cage, at least four tires and a non-straddle seat with seatbelts.

Section 16. SAME; PENALTY: Unless specifically provided for herein, a violation of this section shall be deemed an ordinance traffic infraction. Upon an entry of 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 as adopted by the City of Goodland, and amendments thereto, or such other similar provision as the city may then have in effect.

Section 17. SAME; INSURANCE REQUIRED; PENALTY: (a) Every owner of a utility terrain vehicle shall provide liability coverage in accordance with Section 200 of the Standard Traffic Ordinance as adopted by the City of Goodland, and amendments thereto, and the Kansas Automobile Injury Reparations Act, K.S.A. 40-3101, et seq., and amendments thereto.

(b) All provisions of Section 200 of the Standard Traffic Ordinance, and amendments thereto, including penalty provisions, shall be applicable to all owners and operators of utility terrain vehicles.

Section 18. SAME; REGISTRATION AND LICENSE; FEE; APPLICATION; INSPECTION; PENALTY: (a) before operating a utility terrain vehicle on any public street, road or alley within the corporate limits of the city, and each calendar year thereafter, the vehicle shall be registered with the Goodland Police Department and a license/decal shall be obtained and placed on the front of the vehicle, on the driver’s side, clearly visible from the front of the vehicle.

Section 19. EQUIPMENT REQUIRED FOR OPERATIONS AND RIDERS. No person under the age of 18 years shall operate or ride upon a utility terrain vehicle unless wearing a helmet which complies with the minimum guidelines established by the national highway traffic safety administration pursuant to the national traffic and motor vehicle safety act of 1966 for helmets designed for use by motorcyclists and other motor vehicle users. Violation of this section shall be governed by Article 16 of the Standard Traffic Ordinance as adopted by the City of Goodland.

Section 20. OPERATION OF OFF-ROAD VEHICLES IS PROHIBITED. For the purposes pertinent to this Article, off-road vehicle shall include 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 non-highway tires, and having a seat to be straddled by the operator.

Section 21. OPERATION OF GOLF CARTS IS PROHIBITED. For the purpose pertinent to this Article, “Golf Carts” shall include any motor vehicle that has not less than three wheels is contact with the 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.

Section 22. REPEALER. Ordinance No. 1595 and Ordinance No. 1651 of the Code of the City of Goodland, Sections 114.1, 114.2, 114.4 and 114.5 of the Standard Traffic Ordinance, as adopted by the City of Goodland, is hereby repealed.

Section 23. PUBLICATION; EFFECTIVE DATE: This ordinance shall be published one time in the official city newspaper, Goodland Star News and shall take effect and be in force from January 1, 2017.

PASSED AND APPROVED by the Governing Body of the City of Goodland, Kansas this 1^st day of August, 2016, and signed by the mayor on the 1^st day of August, 2016.

Brian Linin, Mayor

ATTEST:

Mary P. Volk, City Clerk

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