CHAPTER 14. TRAFFICCHAPTER 14. TRAFFIC\Article 5. Special Purpose Vehicles

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

(b)   No such 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, micro utility truck or utility terrain vehicle from crossing a federal or state highway.

(c)   Every person operating such 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.

(d)   Seatbelts are required for all drivers and passengers of such vehicles. The number of occupants of such vehicles is limited to the number of factory-installed seats with seatbelts.

(e)   Passengers which require the use of a car seat under the laws of the State of Kansas shall be required to comply with said car seat requirements in operation of a vehicle under this article.

(f)   Passengers under the age of eighteen (18) must wear an approved helmet.

(g)   Work-site utility vehicles, micro utility trucks or utility terrain vehicles are entitled to a full lane of traffic and no motor vehicle shall be driven in such a manner to deprive any work-site utility vehicle of full use of the lane. The operator of a work-site utility vehicle, micro utility truck or utility terrain vehicle shall not overtake and pass in the same lane occupied by the vehicle being overtaken. No person shall operate a work-site utility vehicle, micro utility truck or utility terrain vehicle between lanes of traffic or between the adjacent lines or rows of vehicles.

(h)   All such vehicles shall be equipped with lights as required by law for motorcycles which shall be used any time the vehicle is operated on the roadway.

(i)    If an occupant is under the age of 18 years, door openings must have a door or appropriate netting to cover the door area. This may include items provided by the manufacturer or after-market items; however, the door covering must be secured sufficiently to prevent ejection from the vehicle.

(Ord. 1450; Code 2022)

Every work-site utility vehicle, micro utility truck or utility terrain vehicle shall be equipped with the following:

(a)   Windshield or eye protection

(b)   Muffler or noise suppression system

(c)   Safety/Seat belts or harnesses

(d)   Mirror on the right side of the vehicle or an inside center rear view mirror

(e)   Mirror on the left side of the vehicle

(f)   Turn signals

(g)   Stop lamps

(h)   Rear reflectors

(i)    Head lamps

(j)    Doors or similar coverings of the door frames

(Ord. 1450; Code 2022)

No person shall operate a work-site utility vehicle, micro utility truck or utility terrain vehicle on any public highway, 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 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.

(Ord. 1450; Code 2022)

(a)   Work-site utility vehicle means any motor vehicle which is not less than 48 inches in width, has an unladen weight, including fuel and fluids, of more than 800 pounds and is equipped with four or more non-highway 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.

(b)   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.

(c)   Utility terrain vehicle means any motor vehicle designed for off road and on road use which is not less than 48 inches wide,-has an overall length, including bumper, of not more than 144 inches, has an unladen weight, including fuel and fluids, of more than 1,500 pounds and is equipped with four or more non-highway tires, a steering wheel and bench or bucket-type seating allowing at least two people to sit side-by-side, can exceed 25 miles per hour as originally manufactured and may be equipped with a metal roll bar.

(Ord. 1450; Code 2022)

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 in accordance with Section 201, Standard Traffic Ordinance, and amendments thereto, or such other similar provision as the city may then have in effect.

(Ord. 1450; Code 2022)

(a)   Every owner of a work-site utility vehicle shall provide liability coverage in accordance with Section 200 of the Standard Traffic Ordinance, 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 work-site utility vehicles.

(Ord. 1450; Code 2022)

(a)   Before operating any work-site utility vehicle, micro utility truck or utility terrain 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 work-site utility vehicle. The license fee shall be fifty dollars ($50.00) per calendar year, payable in advance to the city clerk. 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 work-site utility vehicle, micro utility truck or utility terrain vehicle shall be made by the owner, or owner’s agent, in the office of the city clerk. 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) and proof of ownership. Proof of insurance, as required in Section 14-506 shall be furnished at the time of application for registration.

(c)   Prior to the issuance of the registration and license, each applicant for a work-site utility vehicle, micro utility truck or utility terrain vehicle license shall first present such vehicle for an official inspection to the police department. If, upon inspection and completion of the registration application, such vehicle is found to be in safe mechanical condition, and upon 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 transferrable upon inspection, proof of purchase and the payment of a fee of twenty-five dollars ($25.00).

(f)   In the event a license is lost or destroyed, the city clerk, upon proper showing by the licensee and the payment of a fee of twenty-five dollars ($25.00), 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, toad, highway, or alley within the corporate limits of the city any work-site utility vehicle, micro utility truck or utility terrain vehicle, as defined herein, 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. A violation of this subsection (2) shall constitute an unclassified misdemeanor punishable by a fine of not less than $50.00 and forfeiture of the item. A mandatory court appearance shall be required of any person violating this subsection.

(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 work-site utility vehicle. Licenses shall be kept clean and placed as required by law so as to be plainly visible and legible.

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

(6)   Any person convicted of a violation of any of the provisions of it, shall for the first conviction thereof be punished by a fine of not more than $100.00; for a second such conviction within one year thereafter, such person shall be punished by a fine of not more than $150.00; upon a third or subsequent conviction within one year after the first conviction, such person shall be punished by a fine of not more than $200.00.

(Ord. 1450; Code 2022)