There is hereby incorporated by reference for the purpose of regulating traffic within the corporate limits of the City of Augusta, Kansas, that certain standard traffic ordinance known as the “Standard Traffic Ordinance for Kansas Cities,” Edition of 2023, prepared and published in book form by the League of Kansas Municipalities, Topeka, Kansas, save and except certain articles, sections, parts or portions as are hereafter omitted, deleted, modified or changed. No fewer than three (3) copies of said Standard Traffic Ordinance shall be marked “Official Copy as adopted by Ordinance No. 2234,” with all sections or portions thereof intended to be omitted or changed clearly marked to show any such omission or change and to which shall be attached a copy of said ordinance, and filed with the City Clerk to be open to inspection and available to the public at all reasonable hours. The Department of Public Safety, 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 such Standard Traffic Ordinance similarly marked, as may be deemed expedient.
(Ord. 1969; Code 2008; Ord. 2135; Ord. 2153; Code 2020; Ord. 2179; Ord. 2234)
(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. Supp. 8-2118.
(b) 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.
(Ord. 1930; Code 2010)
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.
(Ord. 1969; Code 2010)
The following sections of the Standard Traffic Ordinance are hereby changed to read as follows:
Section 33. Maximum Speed Limits. (a) Except when a special hazard exists that requires lower speed for compliance with Section 32, the limits specified in this section or established as hereinafter authorized shall be maximum lawful speeds, and no person shall drive a vehicle at a speed in excess of such maximum limits:
(1) 20 miles per hour in any business district;
(2) 30 miles per hour in any residence district;
(3) 20 miles per hour in any park;
(4) as otherwise posted in all other locations; and
(5) 20 miles per hour in any duly marked school zone, provided that such limit will only apply at such times as the lighted signals are flashing except that the school zone shall not apply on such days as school is not in session.
The maximum speed limit established by or pursuant to this paragraph shall be of force and effect unless otherwise posted.
(Ord. 1844; Ord. 1845; Code 2010)
Trespass to park is defined as:
(a) Driving a vehicle upon the real property of another for the purpose of parking a vehicle without the express authority or permission of the owner or occupied to do so; or
(b) Driving a vehicle upon the real property of commercial establishment during business hours to park a vehicle:
(1) Without conducting any business at the commercial establishment; or
(2) Not removing the vehicle from the property of the establishment within a reasonable time after completing a business transaction at the establishment.
(Code 2010)
Section 30.2 Preliminary Breath Test, Subsection (d) of the Standard Traffic Ordinance is hereby amended to read as follows:
(d) Refusal to take and complete the test as requested is a traffic infraction. If the person submits to the test, the results shall be used for the purpose of assisting law enforcement officers in determining whether an arrest should be made and whether to request the tests authorized by K.S.A. 8-1001, and amendments thereto. A law enforcement officer may arrest a person based in whole or in part upon the results of a preliminary screening test. Such results shall not be admissible in any civil or criminal action concerning the operation of or attempted operation of a vehicle except to aid the court or hearing officer in determining a challenge to the validity of the arrest or the validity of the request to submit to a test pursuant to K.S.A. 8-1001, and amendments thereto. Following the preliminary screening test, additional tests may be requested pursuant to K.S.A. 8-1001, and amendments thereto.
(K.S.A. Supp.8-1012; Ord. 2114; Code 2020)
Section 182.1(d) of the Standard Traffic Ordinance is hereby amended to read as follows:
(d)
(1) Persons violating subsection (a)(1) shall be fined $30 and no court costs; and
(2) Persons violating subsection (a)(2) shall be fined $60 and no court costs.
(Ord. 2120; Code 2020)
Section 114.5 of the Standard Traffic Ordinance is hereby amended to read as follows:
Sec. 114.5 Unlawful Operation of a Work-Site Utility Vehicle.
(a) It shall be unlawful for any person to operate a work-site utility vehicle:
(1) On any interstate highway, federal highway, or state highway; or
(2) Within the corporate limits of any city unless authorized by such city.
(b) Notwithstanding the provisions of subsection (a), work-site utility vehicles may be operated to cross a federal highway or state highway.
(c) Notwithstanding the provisions of subsection (a)(1), persons engaged in agricultural purposes may operate a work-site utility vehicle on a federal highway or state highway under the following conditions:
(1) The operator of the work-site utility vehicle must be a licensed driver and be operating within the restrictions of the operator’s license;
(2) The federal highway or state highway must have a posted speed limit of 65 miles per hour or less;
(3) The operator of the work-site utility vehicle must operate the work-site utility vehicle as near to the right side of the roadway as practical, except when making or preparing to make a left turn; and
(4) The purpose of the trip using the work-site utility vehicle must be for agricultural purposes.
(d) Notwithstanding the provisions of subsection (a)(2), persons engaged in municipal purposes may operate a work-site utility vehicle on all local streets and roads within the corporate limits of the city under the following conditions:
(1) The operator of the work-site utility vehicle must be a licensed driver and be operating within the restrictions of the operator’s license;
(2) The operator of the work-site utility vehicle shall abide by all local, state, and federal laws, rules, and regulations for traffic safety.
(3) The purpose of the trip using the work-site utility vehicle must be for municipal purposes.
(e) No work-site utility vehicle shall be operated on any public highway, street, or road between sunset and sunrise unless equipped with lights as required by law for motorcycles (K.S.A. Supp. 8-15, 109).
(Ord. 2161; Code 2020)