CHAPTER 14. TRAFFICCHAPTER 14. TRAFFIC\Article 4. Special Purpose Vehicle Use

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 non-highway tires, and having a seat to be straddled by the operator. As used in this subsection, “non-highway 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, a weight of not more than 1,800pounds, is designed to be operated at not more than 30 miles per hour and is designed to carry not more than four persons, including the driver.

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

(d)   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.

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

(Ord. 575)

(a)   No all-terrain vehicles, golf carts, special purpose vehicles, or work-site utility vehicles shall be operated on any public highway, street, road or alley between sunset and sunrise unless the vehicle is equipped with at least one permanent headlamp for adequate lighting and at least one permanent taillamp.

(b)   It shall be unlawful to operate, or for the owner thereof knowingly to allow the operation of, upon a public street, road, highway, or alley within the corporate limits of the city any special purpose vehicle which is not registered, and which does not have attached thereto and displayed thereon the license assigned thereto by the city for the current registration year.

(c)   No passengers will be allowed on a special purpose vehicle operating on any public highway, street, road or alley within the corporate limits of the city unless the vehicle is originally manufactured as a multi-person unit. Passengers are limited to the maximum of the designed limit of the vehicle, including the driver.

(d)   No person shall operate a special purpose 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.

(Ord. 575)

(a)   No person shall operate a special utility 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 work-site utility vehicle on the public highways, streets, roads and alleys of the city shall be subject to all the duties applicable to a driver of a vehicle imposed by law.

(Ord. 575)

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

(Ord. 575)

(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 permit shall be issued and placed on the vehicle. The permit fee shall be Thirty Dollars ($30.00) per calendar year. The full amount of the permit fee shall remain the same regardless of the time of year that the application is made. No discounts shall be given.

(b)   Application for registration of a special purpose vehicle shall be made by the owner, or owner’s agent, at Quinter City Hall. 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 shall be furnished at the time of application for registration.

(c)   The permit issued hereunder is not transferable. In the event of sale or other transfer of ownership of any special purpose permit under the provisions of this section, the existing permit and the right to use such shall expire, and the issued permit decal shall be removed by the owner. It is unlawful for any person other than the person to whom the permit was originally issued to have the same in his possession.

(d)   It shall be unlawful to remove, conceal, alter, mark or deface the permit decal, or any other mark of identification upon any special purpose vehicle. Permit decals shall be kept clean and placed as required by the city to always be plainly visible and legible.

(e)   It shall be unlawful for a permit holder to display, cause or permit to be displayed or to have in possession, any registration receipt, or registration decal knowing the same to be fictitious or to have been canceled, revoked, suspended or altered.

(f)   In the event a permit is lost or destroyed, the city clerk, upon proper showing by the permit holder, and receiving a fee of Fifteen Dollars ($15.00) for such replacement, shall issue a new permit in accordance with the provisions of this section.

(Ord. 575)

14-406.      Violations and penalties.

Any violation of this article shall constitute an unclassified misdemeanor punishable by a fine of not less than $50.00, a mandatory court appearance, and forfeiture of the permit.

(Ord. 575)

(a)   Upon a finding by the governing body, by a review of the evidence, that a special purpose vehicle permit holder has habitually violated any provision of this article or the Standard Traffic Ordinance, the permit shall be revoked.

(b)   Permit(s) may be revoked for cause and effective immediately, by the City Marshal with notice provided to the owner/operator in writing. If a permit has been revoked by the City Marshal, the owner(s) of that permit may appeal to the Governing Body of the City of Quinter by filing a written request for appeal with the City Clerk within five (5) business days of the date of the written notice of revocation. The Governing Body may choose to hear or refuse to hear the appeal. If the Governing Body chooses to hear the appeal, they may sustain the revocation, they may rescind the decision of the City Marshal and reissue the permit with or without restrictions, and/or reinstatement fees.

(Ord. 575)

Unless specifically provided for herein, a violation of this article shall be deemed an ordinance traffic infraction. Upon 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, Standard Traffic Ordinance, and amendments thereto.

(Ord. 575)