CHAPTER 14. TRAFFICCHAPTER 14. TRAFFIC\Article 2. Local Traffic Regulations

The Standard Traffic Ordinance as adopted is hereby modified by adding thereto the following:

The governing body may delegate to the city manager the power to 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.

(Code 1991, 13-201)

(a)   It shall be illegal to park any motor vehicle or any other type of conveyance on the south side of Augusta Avenue beginning at the southeast corner of Ohio Street and Augusta Avenue and extending east along the south curb line of Augusta Avenue to the southwest corner of the driveway leading to a parking area between the senior high school building and the high school tennis courts.

(b)   The penalty for violation of this section shall be the penalty for other parking violations established by the Standard Traffic Ordinances in force at the time of the violation.

(Ord. 2006; Code 2020)

When signs are erected giving notice thereof, all persons operating any vehicles, at any time, shall:

(a)   Travel northward only on Cliff Drive from a point that is 107.5 feet north of the south line of Reserve No. 1 in Herman and McKitrick’s Addition to the city.

(b)   Travel eastward only on that portion of Columbia Street bounded on the west by the east line of State Street and on the east by the west line of Osage Street.

(c)   Alleyway between 5th and 6th, running parallel to State and School.

(Ord. 1416, Sec. 1; Code 1991, 13-204; Code 2010)

On such dates that schools of any school system within the City or adjacent thereof shall be in session the speed of 20 miles per hour shall be declared to be the effective speed when appropriate signs giving notice thereof shall be erected upon the following described streets or parts thereof, to wit:

(a)   On State Street from its intersection with Main Street northward to Harrington Avenue;

(b)   On High Street from its intersection with State Street eastward to Ada Street;

(c)   On Columbia Street from its intersection with State Street eastward to a point 200 feet east of Osage Street;

(d)   On Clark Street from a point 125 feet west of Cliff Drive eastward to a point 300 feet east of State Street;

(e)   On Osage Street from a point 300 feet north of High Street to Broadway Avenue;

(f)   On Fanny Street from its intersection with Cron Street to its intersection with Ohio Street;

(g)   On Cron Street from its intersection with Fanny Street to its intersection with Sunflower Avenue;

(h)   On Robbins Street from its intersection with Shirley Avenue to its intersection with Fanny Street;

(i)    On Dearborn Street from its intersection with Shirley Avenue to its intersection with Sunflower Avenue;

(j)    On Sunflower Avenue from its intersection with Cron Street to its intersection with Ohio Street;

(k)   On Kelly Avenue from its intersection with Bobbie Street westward to a line 300 feet westward from its intersection with Helen Street.

(l)    From the north curb line of Kelly Avenue southward on Helen Street 300 feet southward from its intersection with Summit Avenue;

(m)  On Summit Avenue from its intersection with Bobbie Street westward to its intersection with Leckliter Street;

(n)   On Belmont Avenue from a point 135 feet east of Crest Street to a point 60 feet west of Custer Lane;

(o)   On Mainsgate Road from its intersection with Belmont Avenue to its intersection with Linden Court.

(p)   On Augusta Avenue from its intersection with Ohio Street to its intersection with Greyhound Drive.

(q)   On Greyhound Drive from its intersection with Augusta Avenue to its intersection with Belmont Avenue.

The aforesaid speed shall be the effective limit during the hours posted by signs giving notice thereof.

(Ord. 1854, Sec. 1; Code 2010)

It shall be unlawful for any person or persons to drive or operate a motor vehicle upon the streets of the city in areas designated as “School Zone” under Section 14-205 of this article in excess of 20 miles per hour during the hours when traffic warning light signals are visible indicating that such speed limit is in effect.

(Ord. 1844, Sec. 3; Code 2010)

(a)   It shall be unlawful for any person to drive or operate a motor vehicle upon the streets of the city in areas designated as “School Zone” under section 14-205 in excess of 20 miles per hour during the hours when traffic warning light signals are visible indicating that such speed limit is in effect.

(b)   For any person convicted of a traffic infraction committed within a school zone during hours in which the school zone in effect, the fine schedule for such infraction shall be double what is assessed outside a school zone.

(c)   Signs shall be posted at all school zones indicating that fines are doubled when committed within a school zone. The absence of such signs at a school zone shall not be a defense to doubling fines for traffic citations under this article.

(Code 2010)

Angle parking is hereby permitted wherever indicated by markings on the curb, sidewalk or pavement or by signs as authorized by the governing body of the city.

(Code 1975, 18-208; Code 1991, 13-207)

The governing body shall be authorized to designate and establish truck routes through the city for the use of trucks or other commercial vehicles. All such routes shall be marked by suitable signs to advise the traveling public of existence of such truck route or routes.

(Ord. 1378, Sec. 2; Code 1991, 13-210)

For the purpose of sections 14-210:213, trucks or other commercial vehicles means any truck, pickup truck trailer, tractor or any vehicle whether self-propelled by an engine or motor or whether the same is towed behind or pushed ahead of a motor vehicle when such vehicle or combination of vehicles has a gross weight of 26,000 pounds or more, including, but not limited to, any construction equipment such as motor patrols or graders, bulldozers or caterpillar-type tractors. For the purpose of sections 14-210: 213 gross weight shall mean the total weight of any truck or trailer or any other combination of vehicles being towed or pushed by a similar propelling vehicle.

(Ord. 1848, Sec. 1; Code 2010)

(a)   From and after the designation of truck routes as provided by sections 14-210 and 14-213, every truck or other commercial vehicle, as defined in section 14-209 shall use and follow such prescribed route or routes while in the city and shall not use any residential street or other street except those designated and marked as truck routes. Provided, that when it may be necessary for any such vehicle to deliver or unload cargo or to load or receive cargo at any destination within the city and the same is not prohibited by ordinance, such vehicle may leave the truck route at the street intersection nearest to the place of the truck route by the most direct street to the truck route. Provided further, that public safety officers of the city may direct the routing of all such vehicles.

(b)  

(1)   Any person, firm or corporation who shall violate any of the provisions of 14-210(a) shall, upon conviction thereof be fined five hundred dollars ($500.00) for the first offense.

(2)   If, within five years immediately preceding a person, firm, or corporation’s conviction for violation of the provisions of 14-210(a), the person, firm or corporation has been convicted of a violation of 14-210(a), such person, firm, or corporation shall be fined one thousand dollars ($1,000) for their second offense,

(3)   If, within five years immediately preceding a person, firm, or corporation’s conviction of a violation of 14-210(a), the person, firm or corporation has been convicted of two violations of 14-210(a), such person, firm, or corporation shall be fined two thousand five hundred dollars ($2,500) for the third offense,

(Ord. 1378, Sec. 4; Code 1991, 13-212; Ord. 2188; Ord. 2224)

For the purpose of sections 14-210:213, the following streets and avenues of the city are hereby designated as truck routes:

(a)   All of Seventh Street within the city limits.

(b)   All of Walnut Street within the city limits.

(Ord. 1848, Sec. 2; Code 2010)

(a)   No vehicle, as defined within K.S.A. 8-126, as amended, including but not limited to transport, truck tractor, semitrailer, commercial trailer not mechanized, recreational vehicle or truck of a rated capacity of more than 1½ tons or being in an aggregate length of 20 feet, including one or more connected vehicles, shall be, at any time, parked or left unattended on any street, avenue or public way within those portions of the city that are zoned A-1, R-1, R-2, R-3, R-4, M-1, C-1, C-2, C-3, I-1; provided, that nothing herein shall deny the right to park any such vehicles for emergency refueling or making an emergency repair or for the purpose of making delivery or pick up within prohibited areas; provided further, that all such vehicles may be parked in other areas of the city so long as such parking shall not be contrary to other ordinances of the city relating to the parking of such vehicles.

(b)   It shall be unlawful for any person or persons to park vehicles as set forth in this section and any such person so violating any of the provisions shall upon conviction thereof, be punished by a fine of not more than $50.00.

(Ord. 1640, Sec. 1; Code 2010; Ord. 2181)

In a prosecution for parking a vehicle as set forth in section 14-214 of this article, proof of identify of the registered owner of the vehicle, as shown by the registration license plate upon the vehicle in violation, shall constitute in evidence a prima facie presumption that the owner of such vehicle was the person who parked or placed such vehicle at the place where the violation occurred.

(Code 1975, 18-213)

The driver of a bus or taxicab shall not stand or park the same upon any street in any business district at any place other than at a bus stop or taxicab stand respectively, except that this provision shall not prevent the driver of any taxicab from temporarily stopping in accordance with other stopping or parking regulations at any place for the purpose of and while actually engaged in loading or unloading passengers.

(Code 1975, 18-214; Code 1991, 13-216)

(a)   Prohibited Acts. It shall be unlawful for any person to operate any unauthorized motor vehicle, motor cycle or motor driven cycle, except those of the city or any other governmental unit authorized by the city manager, to go upon any levee dike, dam, embankment, in any ditches or upon any public lands owned by the city, or under its control and supervision; provided, that nothing herein shall be construed to prohibit the operation of any such vehicle as above set forth in any street, roadway, driveway or parking areas so used and dedicated.

(b)   Exceptions. By designation, the governing body of the city may authorize certain areas in which the vehicles or any of them, above set forth in this section, may be operated upon certain prohibited areas of the city as set forth in subsection (a) of this section when the same shall be posted.

(c)   Penalty. Any person violating the provisions of this section shall be deemed guilty of a code violation and upon conviction thereof shall be fined in a sum not more than $50.00.

(Code 1975, 18-220; Code 1991, 13-218)

No parade or procession of persons or vehicles, excepting the military forces of the United States, the State of Kansas forces of police or fire departments, or funeral processions, shall occupy, march or proceed along any street or highway until the city manager shall have been notified by the person in charge thereof and until the city manager shall have made provisions for such purpose together with an escort if he or she deems such escort necessary; provided that no such parade or procession shall be authorized during such time as the public peace shall be disturbed or acts of violence are likely or threatened thereby.

(Code 1975, 18-301; Code 1991, 13-219)

All parades shall be governed by the following regulations:

(a)   All parades shall be formed and shall be confined within an area bounded by Kelly Avenue on the north, by Osage Street, projected northward to Kelley, on the east, and shall be bounded on the north and west by the city limits; provided, that in special cases the city manager may designate and authorize parade routes, formations, and the time of the event. Permit to be issued by the city manager.

(b)   All participants and drivers of vehicles shall conform to the direction of the officers of the department of safety in connection with the formation and movement of such parade or procession.

(Code 1975, 18-302; Code 1991, 13-220; Code 2010)

Any person who shall operate or halt any vehicle on the streets, lanes, alleys or other public highways in the city in a careless or inattentive, or imprudent manner, or 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, shall be guilty of careless driving.

(Code 1991, 13-221)

The outdoor parking and/or storage of major recreational equipment such as boats, camping or house trailers, motor homes, horse trailers or utility trailers shall be regulated as follows:

(a)   Major recreational equipment shall not be utilized for living purposes,

except for the convenience of temporary lodging and when stored as personal property of the occupant. Temporary lodging shall be limited to 30 days in a calendar year.

(b)   Parking and/or storage in the public right-of-way, whether in whole or in part, is prohibited.

(c)   Parking and/or storage that obstructs the view for ingress and egress of alleys, driveways, and street corner sight triangles is prohibited.

(d)   Parking and/or storage shall not impair utility and drainage easements.

(e)   Parking and/or storage between the front property line and the front

building line (extending to the lot’s side property lines) is allowed only on a paved hard surface such as concrete, asphalt or at least 4 inches of packed rock or gravel. The drive area between the street and property line shall be poured concrete or asphalt. Paving on City property requires a permit. The minimum number of off-street parking spaces required in the zoning district must still be maintained.

(f)   Parking and/or storage in the side yard or back yard is allowed.

(Ord. 1977; Code 2010)

No person or operator shall park any vehicle, including a motor vehicle as defined by the Standard Traffic Ordinance as adopted from time to time, on unpaved, grassy surfaces within the area defined as the front yard of a residential property, as such terms are defined in the City Zoning Code, except temporarily to load or unload property, temporarily by a licensed contractor actively engaged in work on the property, or as otherwise provided for within this section. The front yard includes all of the area between the front property line and the front building line, extending to the lot’s side property lines.

In residential areas, all vehicles (except major recreational equipment such as boats, camping or house trailers, motor homes, horse trailers or utility trailers as provided in Section 14-219) shall be parked in the following areas in accordance with the Zoning Regulations of the City of Augusta, Kansas:

(a)   On the designated paved hard surface, such as concrete or asphalt, parking area or driveway relating to the garage or carport;

(b)   On the designated paved hard surface, such as concrete or asphalt, parking surface in the rear of the property, where the area is in compliance with the City’s zoning regulations and ingress/egress to the rear yard is by a paved driveway or through an alleyway;

(c)   On the designated paved hard surface, such as concrete or asphalt, parking area for multi-family dwellings;

(d)   On the designated paved hard surface, such as concrete or asphalt, circular parking area or driveway, where the area is in compliance with the City’s zoning regulations and the circular driveway is constructed in relation to two (2) designated street curb cuts extending perpendicular from the street right-of-way, and contained within the bounds of the subject property;

(e)   In areas where there are no garages or carports, vehicles may be parked on the designated paved hard surface, such as concrete or asphalt, driveway constructed perpendicular from the street right-of-way to at least three (3) feet from the residence or the building setback;

(f)   On residential property developed before January 1, 1960, on unpaved parking areas in the front yard within the width of an existing street curb cut extending perpendicular from the street right-of-way to at least three (3) feet from the residence or the building setback;

(g)   On residential property developed before January 1, 1960, on designated parking areas in the rear of the property where ingress/egress to the rear yard is by an unpaved driveway within the width of an existing street curb cut constructed perpendicular from the street right-of-way or through an alleyway;

No person or operator shall stop, stand or park any vehicle between the sidewalk and the curb, over the curb, or over a water meter. No person shall access private property by driving any vehicle over an existing standard street curb or by utilizing a public sidewalk ramp as a means of ingress or egress.

In all other private property use (non-residential) areas, all vehicles shall be parked in parking areas designated, installed and provided in accordance with the Zoning Regulations of the City of Augusta, Kansas. All new private property parking areas, including drives with street access, shall be of hard surface (concrete or asphalt).

A person convicted of a violation of this section shall pay a fine of up to $100.00 plus court costs for the first offense within a calendar year; up to $250.00 plus court costs for a second offense within a calendar year; up to $500.00 plus court costs for a third or any subsequent offense within a calendar year.

(Ord. 2106; Code 2020)