Ordinance 824 passed 9/4/2018 Regarding regulations and allowed use for golf carts within City Limits

ORDINANCE NO. 824

AN ORDINANCE OF THE CITY OF LECOMPTON, KANSAS AUTHORIZING GOLF CARTS WORK-SITE UTILITY VEHICLES, ALL-TERRAIN VEHICLES, AND MICRO UTILITY VEHICLES TO BE OPERATED ON PUBLIC HIGHWAYS, STREETS, ROADS, AND ALLEYS WITHIN THE CORPORATE CITY LIMITS OF LECOMPTON SUBJECT TO CERTAIN REQUIREMENTS AND CONDITIONS.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LECOMPTON, KANSAS:

Section 1. Sections 14-203, 14-204, and 14-205 of the Code of the City of Lecompton are hereby enacted to read as follows:

14-203. DEFINITIONS. For purposes of this article, the following terms, phrases, words and their derivations shall have the following meanings:
(a) Golf Cart. 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 and is operated at not more than 25 miles per hour and is designed to carry not more than four persons including the driver.
(b) Work-Site Utility Vehicle. 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 nonhighway 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.
(c) All-Terrain Vehicle. Any motorized nonhighway vehicle 50 inches or less in width, having a dry weight of 1,500 pounds or less, and traveling on three or more nonhighway tires.
(d) Micro Utility Truck. 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.

14-204. OPERATION. Golf Carts, Work-Site Utility Vehicles, All-Terrain Vehicles, and Micro Utility Trucks may be operated upon the public highways, streets, roads, and alleys within the corporate city limits of Lecompton subject to the following requirements and conditions:
(a) Golf Carts, Work-Site Utility Vehicles, All-Terrain Vehicles, and Micro Utility Trucks shall not be operated on public highways, streets, roads, or alleys within the corporate city limits of Lecompton during the hours between sunset and sunrise;
(b) Golf Carts, Work-Site Utility Vehicles, All-Terrain Vehicles, and Micro Utility Trucks shall not be operated on Woodson Avenue (also known as County Road 1023 or N 2100 Road); provided, however, that the provisions of this subsection shall not prohibit the vehicle from temporarily crossing Woodson Avenue;
(c) No person shall operate a Golf Cart, Work-Site Utility Vehicle, All-Terrain Vehicle, or Micro Utility Truck on any public highway, street, road, or alley within the corporate city limits of Lecompton unless the person has a valid driver’s license;
(d) No person shall operate a Golf Cart, Work-Site Utility Vehicle, All-Terrain Vehicle, or Micro Utility Truck on any public highways, streets, roads, or alleys within the corporate city limits of Lecompton unless the vehicle displays a “slow moving vehicle emblem” on the rear of the vehicle in compliance with K.S.A. 8-1717 and amendments thereto;
(e) Every person operating a Golf Cart, Work-Site Utility Vehicle, All-Terrain Vehicle, or Micro Utility Truck on any public highway, street, road, or alley within the corporate city limits of Lecompton shall be subject to all the duties applicable to a driver of a motor vehicle imposed by law, including but not limited to, the applicable provisions of the Standard Traffic Ordinance adopted by Section 14-101 of this Code and amendments thereto;
(f) No person shall operate a Golf Cart, Work-Site Utility Vehicle, All-Terrain Vehicle, or Micro Utility Truck on any public highway, street, road, or alley within the corporate city limits of Lecompton unless the person can provide motor vehicle liability insurance coverage for said vehicle in accordance with the provisions of the Kansas Automobile Injury Reparations Act, K.S.A. 40-3101, et seq., and amendments thereto.
(g) No person shall operate a Golf Cart, Work-Site Utility Vehicle, All-Terrain Vehicle, or Micro Utility Truck on any public highway, street, road, or alley within the corporate city limits of Lecompton unless the vehicle is registered with the City for the current registration year and is displaying a City registration sticker for the current registration year;
(h) Violation of this section shall be considered an ordinance traffic infraction and upon conviction the violator shall receive a fine of not less than $25.00 or more than $150.00.

14-205. REGISTRATION. Every owner of any Golf Cart, Work-Site Utility Vehicle, All-Terrain Vehicle, or Micro Utility Truck desiring to operate said vehicle on any public highway, street, road, or alley within the corporate city limits of Lecompton must annually register said vehicle with the city clerk. The registration year shall be from January 1st through December 31st of each year. Upon registration, the owner must present proof of motor vehicle liability insurance coverage for said vehicle in accordance with the provisions of the Kansas Automobile Injury Reparations Act, K.S.A. 40-3101, et seq., and amendments thereto. For the 2018 registration year, the annual registration fee will be waived. For the 2019 and subsequent registration years, the owner may pay an annual registration fee of $10.00 to the city clerk.
A registration sticker will be issued to the owner who shall attach it to the vehicle in a conspicuous place. The license number on the application will be recorded and filed with the city office. The registration and any stickers issued hereunder are not transferable.

Section 2. If any section, clause, sentence, or phrase of this ordinance is found to be unconstitutional or is otherwise held invalid by any court of competent jurisdiction, it shall not affect the validity of any remaining parts of this ordinance.

Section 3. This ordinance shall take effect and be in full force and effect following its adoption and publication as provided by law.

PASSED AND APPROVED by the governing body of the City of Lecompton on this 4TH day of September, 2018.

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THE HONORABLE SANDRA L. JACQUOT, Mayor

ATTEST:

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LYNLEY SANFORD, City Clerk