There is hereby incorporated by reference for the purpose of regulating traffic within the corporate limits of the City of South Hutchinson, Kansas, that certain standard traffic ordinance known as the Standard Traffic Ordinance for Kansas Cities, 50^th Edition, prepared and published in book form by the League of Kansas Municipalities, Topeka, Kansas. One copy of said Standard Traffic Ordinance shall be marked or stamped “Official Copy as Adopted by Ordinance No. 23-02,” and to which shall be attached a copy of this article or the adopting ordinance and filed with the city clerk to be open to inspection and available to the public at all reasonable hours. The police department, 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. 19-913; Ord. 21-11; Ord. 23-02)

(a)   An ordinance traffic infraction is a violation of any section of this ordinance 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. 8-2118.

(b)   All traffic violations that are included within this ordinance, and are not ordinance traffic infractions, as defined in subsection (a) of this section, shall be considered traffic offenses.

(Ord. 19-913; Ord. 21-11; Ord. 23-02)

(a)   Definition. Section 1 of the Standard Traffic Ordinance is hereby amended by adding the following definition:

School Zone. All streets adjacent to school grounds, and all of such streets extended a distance of one-half block from the school grounds.

(b)   Speed Limits. Section 33(a) is hereby amended by deleting subsection (4) and adding the following:

(4)   All vehicles 20 miles per hour within school zones on days when school is in session, from 7:30 a.m. until 4:30 p.m.

(5)   All vehicles 20 miles per hour within school zones on days when school is in session, from 8:30 a.m. until 4:30 p.m.

(6)   All vehicles 40 miles per hour on Main Street between 8th Avenue and Forest Avenue.

(7)   All vehicles 45 miles per hour on Main Street from the north city limits to 8th Avenue.

(8)   All vehicles 45 miles per hour on Main Street from Forest Avenue to the south city limits.

(9)   All vehicles 40 miles per hour on Blanchard Street from Main Street to the east line of Adams Street.

(10) All vehicles 45 miles per hour on Blanchard Street from the east line of Adams Street to the west city limits.

(11) All vehicles 20 miles per hour on west 5th Avenue from north Washington Street west to north Adams Street.

(12) All vehicles 20 miles per hour on north Adams Street from 6th Avenue south to 4th Avenue.

(13) All vehicles 20 miles per hour on Apollo from north Adams Street south to Adams Street.

(14) All vehicles 50 miles per hour on west 6th Avenue from the Quarter Corner of Section 23, Township 23 South, Range 6 West of the 6th P.M., Reno County, Kansas west to the west city limits.

(15) All vehicles 20 miles per hour on Avenue C west from Washington Street to Adams Street.

(c)   Driving Under the Influence.

(1)   No person shall operate or attempt to operate any vehicle within this city while:

(A)  The alcohol concentration in the person’s blood or breath, as shown by any competent evidence, including other competent evidence, as defined in paragraph (1) of subsection (f) of K.S.A. 8-1013, and amendments thereto, is .08 or more;

(B)  The alcohol concentration in the person’s blood or breath, as measured within two hours of the time of operating or attempting to operate a vehicle, is .08 or more;

(C)  Under the influence of alcohol to a degree that renders the person incapable of safely driving a vehicle;

(D)  Under the influence of any drug or combination of drugs to a degree that renders the person incapable of safely driving a vehicle; or

(E)   Under the influence of a combination of alcohol and any drug or drugs to a degree that renders the person incapable of safely driving a vehicle.

(2)   No person shall operate or attempt to operate any vehicle within this city if the person is a habitual user of any narcotic, hypnotic, somnifacient or stimulating drug.

(3)   If a person is charged with a violation of this section involving drugs, the fact that the person is or has been entitled to use the drug under the laws of this state shall not constitute a defense against the charge.

(4)   Upon a first conviction of a violation of this section, a person shall be sentenced to not less than 48 consecutive hours nor more than six months’ imprisonment, or in the court’s discretion 100 hours of public service, and fined not less than $200 nor more than $500. The person convicted must serve at least 48 consecutive hours imprisonment or 100 hours of public service either before or as a condition of any grant of probation or suspension, reduction of sentence or parole. In addition, the court shall enter an order which requires that the person enroll in and successfully complete an alcohol and drug safety action education program or a treatment program as provided in K.S.A. 8-1008, and amendments thereto, or both the education and treatment programs.

(5)   On a second conviction of a violation of this section, a person shall be sentenced to not less than 90 days nor more than one year’s imprisonment and fined not less than $500 nor more than $1,000. The five days’ imprisonment mandated by this subsection may be served in a work release program only after such person has served 48 consecutive hours’ imprisonment, provided such work release program requires such person to return to confinement at the end of each day in the work release program. Except as provided in subsection (7), the person convicted must serve at least five consecutive days’ imprisonment before the person is granted probation, suspension or reduction of sentence or parole or is otherwise released. As a condition of any grant of probation, suspension of sentence or parole or of any other release, the person shall be required to enter into and complete a treatment program for alcohol and drug abuse as provided in K.S.A. 8-1008, and amendments thereto.

(6)   On the third or a subsequent conviction of a violation of this section, a person shall be sentenced to not less than 90 days nor more than one year’s imprisonment and fined not less $1,000 nor more than $2,500. Except as provided in subsection (7), the person convicted shall not be eligible for release on probation, suspension or reduction of sentence or parole until the person has served at least 90 days’ imprisonment. The court may also require as a condition of parole that such person enter into and complete a treatment program for alcohol and drug abuse as provided by K.S.A. 8-1008, and amendments thereto. The 90 days’ imprisonment mandated by this subsection may be served in a work release program only after such person has served 48 consecutive hours’ imprisonment, provided such work release program requires such person to return to confinement at the end of each day in the work release program.

(7)   On a second or subsequent conviction of a violation of this section, the court may place the person convicted under a house arrest program, to serve the remainder of the minimum sentence only after such person has served 48 consecutive hours’ imprisonment.

(8)   The court may establish the terms and time for payment of any fines, fees, assessments and costs imposed pursuant to this section. Any assessment and costs shall be required to be paid not later than 90 days after imposed, and any remainder of the fine shall be paid prior to the final release of the defendant by the court.

(9)   In lieu of payment of a fine imposed pursuant to this section, the court may order that the person perform community service specified by the court. The person shall receive a credit on the fine imposed in an amount equal to 5% for each full hour spent by the person in the specified community service. The community service ordered by the court shall be required to be performed not later than one year after the fine is imposed or by an earlier date specified by the court. If by the required date the person performs an insufficient amount of community service to reduce to zero the portion of the fine required to be paid by the person, the remaining balance of the fine shall become due on that date.

(10) For the purpose of determining whether a conviction is a first, second, third or subsequent conviction in sentencing under this section:

(A)  Conviction includes being convicted of a violation of this section or entering into a diversion agreement in lieu of further criminal proceedings on a complaints alleging a violation of this section;

(B)  Conviction includes being convicted of a violation of a law of another state or an ordinance of any city, or resolution of any county, which prohibits the acts that this section prohibits or entering into a diversion agreement in lieu of further criminal proceedings in a case alleging a violation of such law, ordinance or resolution;

(C)  Only convictions occurring in the immediately preceding five years, including prior to the effect date of Ordinance No. 585, shall be taken into account, but the court may consider other prior convictions in determining the sentence to be imposed within the limits provided for a first, second, third or subsequent offender, whichever is applicable; and

(D)  It is irrelevant whether an offense occurred before or after conviction for a previous offense.

(11) In addition to any other penalty imposed under this section, the court may restrict the person’s driving privileges as set forth in K.S.A. 8-292.

(A)  In addition to any fines, fees, penalties or costs levied against a person who is convicted of a violation of this section or who enters a diversion agreement in lieu of further criminal proceedings on a complaint alleging a violation of this section, $100 shall be assessed against the person by the sentencing court or under the diversion agreement. The $100 assessment may be waived by the court or, in the case of diversion of criminal proceedings, by the prosecuting attorney, if the court or prosecuting attorneys finds that the defendant is an indigent person. The funds received shall be expended pursuant to K.S.A. 8-1008(e).

(12) The alternatives set out in paragraphs (A), (B), and (C) of subsection (1) may be pleaded in the alternative, and the city may, but shall not be required to, elect one or two of the three prior to submission of the case to the fact finder.

(13) Upon a person’s second or subsequent conviction of this section and the person had an alcohol concentration of .15 or more in the person’s blood or breath, the court shall restrict the person’s driving privileges to driving only a motor vehicle equipped with an ignition interlock device, approved by the Division of Motor Vehicles and obtained, installed and maintained at the person’s expense. Any fine imposed by the court for the conviction may be reduced by the court in an amount equal to the expense incurred by the person for obtaining, installing and maintaining the ignition interlock device.

(14) Upon a fourth or subsequent conviction, the judge of the municipal court, may revoke the person’s license plate or temporary registration certificate of the motor vehicle driven during the violation of this section for a period of one year. Upon revoking any license plate or temporary registration certificate pursuant to this subsection, the court shall require that such license plate or temporary registration certificate be surrendered to the court.

(d)   Section 175. Noise Prevention; Mufflers is amended to read:

(a)   Every vehicle shall be equipped, maintained, and operated so as to prevent excessive or unusual noise. Every motor vehicle at all times shall be equipped with a muffler or other effective noise suppressing system in good working order and in constant operation, and no person shall use a muffler cutout, bypass, or similar device.

(b)   The engine and power mechanism of every motor vehicle shall be so equipped and adjusted as to prevent the escape of excessive fumes or smoke

(c)   It shall be unlawful for the driver of any vehicle to use or operate or cause to be operated within the city any mechanical exhaust device designed to aid in the braking or deceleration of any vehicle which results in the excessive, loud, unusual, or explosive noise from such vehicle except in an emergency situation. Emergency situation shall mean one in which there is imminent danger of collision with property, persons, or animals.

(Ord. 90-540; Ord. 91-564; 92-568; Ord. 93-585; Ord. 97-626; Ord. 97-636; Ord. 98-647; Ord. 01-674; Ord. 07-752)

(a)   All traffic offenses classified as traffic infractions by K.S.A. Supp. 8-2118 as amended are hereby classified as ordinance traffic infractions.

(b)   Every person convicted of a traffic ordinance infraction shall be fined not more than $500, and in accordance with the schedule of fines established by the municipal judge.

(c)   A person charged with an ordinance traffic infraction may enter a written appearance, waive right to trial, plead guilty or no contest and pay the fine for the violation as specified in the schedule established by the municipal judge. Payment may be made by mail or in person, and may be by personal check. The traffic citation shall not have been complied with if a check is not honored for any reason or if the fine is not paid in full. When a person charged with a ordinance traffic infraction makes payment by mail without executing a written waiver of right to trial and plea of guilty or no contest, payment shall be deemed such an appearance, waiver of right to trial and plea of no contest.

(d)   A law enforcement officer may not arrest a person charged with a traffic ordinance infraction.

(e)   Fines provided for in Section 201(b), 201(c), or 201(d) of the Standard Traffic Ordinance for Kansas Cities shall be doubled if a person is convicted of a traffic infraction which is a moving violation as defined by ordinances adopted by the city, when committed within any construction zone as defined in K.S.A. 1996 sub 8-1558a and amendments thereto.

(Ord. 86-493, Sec. 1; Ord. 97-627)

The following sections of Kansas Statutes are hereby incorporated by reference and shall become a part of this article as if fully set forth herein.

(a)   Driving permits, K.S.A. 8-239;

(b)   Abandoned vehicles, K.S.A. 8-1102;

(c)   Controlled access facility or roadway prohibition on use, K.S.A. 8-1525;

(d)   Vehicle size and weight, K.S.A. 8-1904;

(e)   Deposit of driver’s license in lieu of bond, K.S.A. 8-2107.

(Ord. 86-493, Sec. 3)

The fine for violation of an ordinance traffic infraction or any other traffic offense in which the municipal judge establishes a fine in a fine schedule shall not be less than $10.00 nor more than $100.00, except for speeding, which shall not be less than $15.00 nor more than $500.00. A person tried and convicted for violation of an ordinance traffic infraction or other traffic offense in which a fine has not been established in a schedule or fines shall pay a fine fixed by the court not to exceed $500.00.

(Ord. 21-11; Ord. 23-02)