As used in this article, the following words and phrases shall have the meanings respectively ascribed to them in this section, except when the context requires otherwise.

(a)   All terrain vehicle means 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 nonhighway tires, and having a seat to be straddled by the operator. As used in this subsection, “nonhighway tire” means any pneumatic tire six inches or more in width, designed for use on wheels with rim diameter of 14 inches or less.

(b)   Golf cart means 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 operated at not more than 25 miles per hour and is designed to carry not more than four persons, including the driver.

(c)   Habitually violated means three (3) or more verified complaints regardless of citations being issued or convictions obtained in Court.

(d)   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.

(e)   Slow-moving vehicle emblem has the same meaning as contained in K.S.A. 8-1717, and amendments thereto.

(f)   Special purpose vehicle means all-terrain vehicle, golf cart, micro utility truck and work-site utility vehicle, either individually or collectively.

(g)   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 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.

(Ord. 918; Code 2023)

(a)   All-terrain vehicles may be operated upon the public highways, streets, roads and alleys except for any interstate highway, federal highway or state highway within the corporate limits of the city, provided the operator has first obtained a Special Use Permit for said vehicle from the governing body.

(1)   No all-terrain vehicle shall be operated on any public highway, street, road or alley between sunset and sunrise.

(2)   A person operating an all-terrain vehicle shall ride only upon the permanent and regular seat attached thereto, and such operator shall not carry any other person nor shall any other person ride on an all-terrain vehicle, unless such all-terrain vehicle is designed to carry more than one (1) person, in which event a passenger may ride upon the permanent and regular seat if designed for two (2) persons, or upon another seat firmly attached to the all terrain vehicle at the rear or side of the operator.

(3)   A person shall ride upon an all-terrain vehicle only while sitting astride the seat, facing forward, with one leg on each side of the all-terrain vehicle.

(4)   No person shall operate an all-terrain vehicle while carrying any package, bundle, or other article which prevents such person from keeping both hands on the handlebars.

(5)   No operator shall carry any person, nor shall any person ride in a position that will interfere with the operation or control of the all-terrain vehicle or the view of the operator.

(6)   It shall be illegal to operate a golf cart on any public highway, street, road or alley within the corporate limits of the city unless such vehicle displays a slow-moving vehicle emblem on the rear of the vehicle; the slow-moving vehicle emblem shall be mounted and displayed in compliance with K.S.A. 8-1717, and amendments thereto.

(7)   No all-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 an all-terrain vehicle from crossing a federal or state highway.

(b)   Golf carts may be operated upon the public highways, streets, roads and alleys except for any interstate highway, federal highway or state highway within the corporate limits of the city, provided the operator has first obtained a Special Use Permit for said vehicle from the governing body.

(1)   No golf cart may be operated upon any public highway, street, road and alley with a posted speed limit in excess of 30 miles per hour.

(2)   No golf cart shall be operated on any interstate highway, federal highway or state highway; provided however, that the provisions of this subsection shall not prohibit a golf cart from crossing a federal or state highway with a posted speed limit greater than 30 miles per hour.

(3)   No golf cart shall be operated on any public highway, street, road or alley between sunset and sunrise.

(4)   It shall. be illegal to operate a golf cart on any public highway, street, road or alley within the corporate limits of the city unless such vehicle displays a slow-moving vehicle emblem on the rear of the vehicle; the slow-moving vehicle emblem shall be mounted and displayed in compliance with K.S.A. 8-1717, and amendments thereto.

(c)   Micro utility trucks may be operated upon the public highways, streets, roads and alleys except for any interstate highway, federal highway or state highway within the corporate limits of the city, provided the operator has first obtained a Special Use Permit for said vehicle from the governing body.

(1)   No micro utility truck shall be operated on any public highway, street, road or alley between sunset and sunrise.

(2)   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.

(d)   Work-site utility vehicles may be operated upon the public highways, streets, roads and alleys except for any interstate highway, federal highway or state highway within the corporate limits of the city, provided the operator has first obtained a Special Use Permit for said vehicle from the governing body.

(1)   No work-site utility vehicle shall be operated on any public highway, street, road or alley between sunset and sunrise.

(2)   No work-site utility 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 from crossing a federal or state highway.

(3)   It shall be illegal to operate a work-site utility vehicle on any public highway, street, road or alley within the corporate limits of the city unless such vehicle displays a stow moving vehicle emblem on the rear of the vehicle; the slow-moving vehicle emblem shall be mounted and displayed in compliance with K.S.A. 8-1717, and amendments thereto.

(Ord. 918; Ord. 919; Code 2023)

(a)   No person shall operate a special purpose 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. 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.

(b)   Every person operating a Special purpose 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.

(Ord. 918; Code 2023)

(a)   All all-terrain vehicles are entitled to full use of a lane, and no motor vehicle shall be driven in such a manner as to deprive any all terrain vehicle of the full use of a lane. This subsection shall not apply to an-terrain vehicles operated two (2) abreast in a single lane.

(b)   The operator of an all-terrain vehicle shall not overtake and pass in the same lane occupied by the vehicle being overtaken.

(c)   No person shall operate an all-terrain vehicle between lanes of traffic or between adjacent lines or rows of vehicles.

(d)   All-terrain vehicl.es shall not be operated more than two (2) abreast in a single lane.

(e)   Subsections (b) and (c) shall not apply to police officers in the performance of their official duties.

(f)   No person riding upon an all-terrain vehicle shall attach himself, herself or the all-terrain vehicle to any other vehicle on a roadway.

(Ord. 918; Code 2023)

(a)   No person under the age of 18 years shall operate or ride upon an all-terrain vehicle unless wearing a helmet which complies with 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.

(b)   No person shall operate an all-terrain vehicle unless such person is wearing an eye protective device which shall consist of protective glasses, goggles or transparent face shields which are shatter proof and impact resistant, except when the all-terrain vehicle is equipped with a windscreen which has a minimum height of 10 inches measured from the center of the handlebars.

(c)   No person under the age of 18 years shall ride upon an all-terrain vehicle unless wearing an eye-protective device which shall consist of protective glasses, goggles or transparent face shields which are shatter proof and impact resistant, except when the all-terrain vehicle is equipped with a windscreen which has a minimum height of 10 inches measured from the center of the handlebars.

(Ord. 918; Ord. 919; Code 2023)

(a)   Every owner of a special purpose vehicle shall provide liability coverage in accordance with Section 200 of the 2008 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 2008 Standard Traffic Ordinance, and amendments thereto, including penalty provisions, shall be applicable to all owners and operators of special purpose vehicles.

(Ord. 918; Code 2023)

(a)   Before operating any special purpose 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 kept with the vehicle. A separate license shall be required for each operator. The license fee shall be five dollars ($5) 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. This license shalt be kept with the vehicle at all times of operation.

(b)   Application for registration of a special purpose 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). Proof of insurance, as required in Section 14-506 shall be furnished at the time of application for registration. All new applicants must appear at a meeting of the governing body before they will be given a license. Renewal applicants need not appear.

(c)   Before a license will be issued each vehicle shall be equipped with a high-visibility orange flag on a pole of at least 6’ in total length attached vertically to the rear of the vehicle.

(Ord. 918; Ord. 921; Code 2023)

Upon a finding by the governing body, by a preponderance of the evidence, that a special use permit holder has habitually violated any provision of this article or the Standard Traffic Ordinance then the permit shall be revoked.

(Ord. 918; Code 2023)

(a)   Before the owner or employee may operate any special purpose 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 kept with the vehicle. A separate license shall be required for each business entity. The license fee shall be One Hundred and Fifty dollars ($150) 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. This license shall be kept with the vehicle at all times of operation.

(b)   Application for registration of a special purpose vehicle shall be made by the owner of the business entity, 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 address of the business, a copy of the sales tax certificate, a list of employees, a brief description of the vehicle to be registered (including make, model and serial number, if applicable). Proof of insurance, as required in Section 14-506 shall be furnished at the time of application for registration. All new applicants must appear, or sign a recital statement listing the conditions of a special use permit, at a meeting of the governing body before they will be given a license. Renewal applicants need not appear.

(c)   It shall be the responsibility of the business entity to supply an updated employee list when changes occur, and to make the employees aware of, and ensure compliance with the provisions of this article as amended.

(d)   Before a license will be issued each vehicle shall be equipped with a high-visibility orange flag on a pole of at least 6’ in total length attached vertically to the rear of the vehicle.

(Ord. 945; Code 2023)

(a)   Before the owner, employee or customer may operate any special use vehicle on any public highway, street, road or alley within the corporate limits of the city and each calendar year thereafter, the Dealer shall be registered with the city and a copy of the Dealers permit shall be kept with the vehicle. Dealer means a properly licensed business engaged in selling any type of the special use vehicles in this article. The permit fee shall be One Hundred and Fifty Dollars ($150) per calendar year, payable in advance to the city clerk. The full amount of the permit fee shall be required regardless of the time of year that they application is made. This license shall be kept with the vehicle at all times of operation.

(b)   Application for the Dealer permits shall be made by the owner or operator of the business entity, 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 address of the business, a copy of the sales tax certificate or business ID Number, and copies of the drivers licenses of any employee authorized to drive the vehicle. Proof of insurance, as required in 14-506 shall be furnished at the time of application for registration. All new applicants must appear at a meeting of the governing body before they will be given a license. Renewal applicants need not appear.

(c)   It shall be the responsibility of the business entity to make the employees aware of and ensure compliance with the provisions this article as amended.

(d)   Before operation of a vehicle it shall be equipped with a high-visibility orange flag on a pole of at least 6’ in total length attached vertically to the rear of the vehicle, and have a slow moving vehicle emblem attached.

(e)   Only the owner, employees and customers that have a valid drivers license are allowed to drive the vehicle. The owner or employee must accompany any customer on a test drive.

(f)   Operation of a special use vehicle permitted under this section is allowed by owners, employees and customers in the normal course of business. This specifically allows test drives by customers and the movement by owners or employees.

(Ord. 967; Code 2023)

Unless specifically provided for 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 of the Standard Traffic Ordinance, and amendments thereto, or such other similar provision as the city may then have in effect.

(Ord. 918; Code 2023)