The Standard Traffic Ordinance as adopted is hereby modified by adding thereto the following:

The governing body may, by resolution, establish and fix the location of such traffic control devices as may be deemed necessary to guide and warn traffic under the provisions of this chapter, other traffic ordinances and the state laws. The city shall place and maintain such traffic control signs, signals and devices when and as may be required by the authority of the governing body to make effective the provisions of this chapter and other ordinances for the regulation of traffic.  Any official traffic control device placed pursuant to this section shall be marked and labeled on a map of the City of Osawatomie for the purpose of displaying all such traffic control devices and shall be filed with the city clerk to be open to inspection and available to the public at all reasonable hours of business.

(Ord. 3632, Sec. 2; Code 2008)

(a)   Careless driving is hereby defined as follows:

(1)   The acceleration of any vehicle in such a rapid manner as to leave tire marks on the pavement;

(2)   The acceleration of any vehicle in such a rapid manner as to cause the rear portion of the vehicle to sway from side to side;

(3)   The acceleration of any vehicle in such a rapid manner as to cause the front portion of the vehicle to be raised off the ground;

(4)   The deceleration of any vehicle in such a manner as to leave tire marks upon the pavement;

(5)   The deceleration of any vehicle in such a rapid manner as to cause the tires upon such vehicle to make an audible noise;

(6)   The acceleration of any vehicle in such a rapid manner as to cause the tires upon such vehicle to make an audible noise;

(7)   The turning of any corner in such a manner that any portion of the vehicle enters into the opposite lane; or,

(8)   The operation of any vehicle in any manner such as to indicate a careless, negligent, or heedless disregard for the rights or the safety or others, or in such a manner as to endanger or be likely to endanger any person or property, including that of the operator of such vehicle.  

(b)   It shall be unlawful for any person to operate any vehicle, as defined herein, within the City of Osawatomie, Kansas.

(c)   Any person convicted of violation hereof shall be punished by a fine not exceeding $500.00 or imprisonment for not to exceed 60 days, or by both such fine and imprisonment.

(Ord. 3300)

When used in this article, truck is a motor vehicle designed, used or maintained primarily for the commercial transportation of property, with a manufacturer’s rated carrying capacity of one or more tons. Truck does not include a pick-up truck used primarily for non-commercial purposes. Semi-trailer is a vehicle designed for carrying persons or property and for being drawn by a motor vehicle, and so constructed that some part of its weight and that of its load would rest upon or is carried by another vehicle.

(Ord. 3288, Sec. 1)

It is hereby declared unlawful to cause trucks, semi-trailers or recreational vehicles to be parked or left upon streets within the city limits of the city after 9:00 p.m. or before 6:00 a.m.

(Ord. 3288, Sec. 2; Code 2008)

(Ord. 3273, Sec. 2; Ord. 3827)

Whenever a school district in control of any private property used by the public for purposes of vehicular traffic by permission of the school district, shall cause to be posted at such entrance thereto a permanently lettered clearly legible sign with the following legend:

       TRAFFIC REGULATIONS OF THE CITY OF OSAWATOMIE ENFORCED ON THIS PROPERTY. SPEED LIMIT 15.

Then such school district property shall thereafter be deemed to be under the traffic regulations of the City as provided by law and the Standard Traffic Ordinances.

(Code 2018)

(a)   It is hereby declared to be unlawful for any person, persons, company, partnership, corporation, or other entity to cause or permit to be driven or pulled any truck or trailer with a carrying capacity in excess of 3/4 ton on or over Jensen Drive, being the overpass and that portion of Carr Street between Sixth Street and Seventh Street within the city.

(b)   It is further hereby declared to be unlawful for any pedestrian to cross or walk upon the overpass.

(c)   It is further declared to be unlawful for any vehicle to be parked or stopped upon the overpass, other than temporary stops for traffic.

(d)   It is further declared to be unlawful for any person to operate or drive any bicycle or any other self-propelled vehicle or object over or upon the overpass.

(e)   Violation and conviction hereof shall be punishable by fine, not exceeding $500.00, and imprisonment, not exceeding 30 days, or both such fine and imprisonment. In addition to the aforementioned fine and imprisonment, the municipal court is hereby authorized to require any person convicted for violation hereof to make restitution to the city for any damages caused by violation hereof.

(Ord. 3350, Secs. 1:6)

It shall be unlawful to park any motor vehicle on the following streets:

(a)   Seventh Street, between Main and Parker.

(b)   On any street under the following circumstances:

(1)   In front of a public or private driveway;

(2)   Within 15 feet of a fire hydrant;

(3)   Within 20 feet of a crosswalk at an intersection;

(4)   Within 30 feet upon the approach to any flashing signal, stop sign, yield sign or traffic control signal located at the side of a roadway;

(5)   Within 20 feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within 75 feet of said entrance

(c)   The Chief of Police or their designee is authorized to enact regulations and erect signs indicating “no parking” upon both sides of any street when the width of the roadway is 20 feet wide or less, or upon one side of a street when the width of the roadway does not exceed 30 feet.

(d)   Where parking is prohibited on one side of a street, it shall be unlawful to park any motor vehicle:

(1)   Within 5 feet of a public or private driveway;

(2)   On the side of a street directly opposite a public or private driveway

(Code 1977, 15-202; Code 2008; Code 2018; Ord. 3813)

The following are the regulations on size, weight and load vehicles within the City of Osawatomie including fines and penalty provisions.

(a)   No person, association, firm, partnership, or corporation shall operate a motor vehicle or combination of vehicles the total outside width of which, or any load thereon, exceeds the limitations as prescribed by K.S.A. 8-1902 or any amendments thereto, which are incorporated by reference as if set out in full herein.

(b)   No person, association, firm, partnership, or corporation shall operate a motor vehicle or combination of vehicles the load, height, or length of which, including any load thereon, exceeds the limitations as prescribed by K.S.A. 8-1903 through 8-1905 or any amendments thereto, which are incorporated by reference as if set out in full herein.

(c)   No person, association, firm, partnership, or corporation shall operate a motor vehicle or combination of vehicles unless the load is properly secured as prescribed by K.S.A. 8-1906 or any amendments thereto, which are incorporated by reference as if set out in full therein.

(d)   No person, association, firm, partnership, or corporation shall use a motor vehicle or combination of vehicles to tow another vehicle unless proper connection and safety equipment are utilized as prescribed by K.S.A. 8-1907 or any amendments thereto, which are incorporated by reference as if set out in full herein.

(e)   No person, association, firm, partnership, or corporation shall operate a motor vehicle or combination of vehicles the gross weight of which, as to wheel and axle load, exceeds the limitations as prescribed in K.S.A. 8-1908 or any amendments thereto, which are incorporated by reference as if set out in full herein.

(f)   No person, association, firm, partnership, or corporation shall operate a motor vehicle or combination of motor vehicles the gross weight of which exceeds the limitation as prescribed by K.S.A. 8-1909 or any amendments thereto, which are incorporated by reference as if set out in full herein.

(g)   Whenever a police officer, upon weighing a vehicle or combination of vehicles, determines that the weight is unlawful, such officer may require the driver to stop the vehicle in a suitable place and for the vehicle to remain there until such portion of the load is removed as may be necessary to reduce the gross weight of such vehicle or combination of vehicles or remove or redistribute the gross weight on any axle or tandem axles to such limits as permitted in this Section. All material so unloaded shall be cared for by the owner, lessee, or operator of such vehicle at the risk of such owner, lessee or operator.

(h)   No person, association, firm, partnership or corporation shall operate a motor vehicle or combination of vehicles unless such motor vehicle is registered and licensed according to gross weight as prescribed in K.S.A. 8-143 or any amendments thereto, which are incorporated by reference as if set out in full herein.

(i)    It shall be unlawful to operate within this City a vehicle or combination of vehicles whose weight, with cargo, is in excess of the gross weight for which the vehicle, truck, or truck-tractor propelling the same is licensed and registered except as provided by K.S.A. 8-1911, or any amendments thereto and K.S.A. 8-143 or any amendments hereto, which are incorporated by reference as if set out in full herein.

(j)    It shall be unlawful for any driver of a vehicle or combination of vehicles to fail to stop or refuse to stop and submit such vehicle or combination of vehicles to weighing as provided by in this Section or as directed by the police.

(k)   Any person who commits any offense involving gross weight, height, length or width limits as described in this Section shall, upon conviction, be punished as set forth in fine schedule in subsection (l). Any person who commits any other offenses described in this Section shall be deemed guilty of a public offense, and upon conviction, shall be punished as provided in Section 14-210.

(l)    A person who is convicted of exceeding gross weight shall be fined according to the following schedule:

(1)   Weight up to first 1,000 lbs. Over limit $50.00 Weight per lb. Over 1,000 lbs.- $00.10

(2)   A person who is convicted of exceeding the height, length, or width shall be fined according to the following schedule:

       Height, length, width over limit- $30.00 plus $1.00 per inch.

(3)   For a second violation of gross weight, height, length, or width within two (2) years, such person shall, upon conviction, be fined one and one-half (1 ½) times the applicable amount based on the above fine schedule. For a third violation, within two (2) years, such person shall, upon conviction, be fined two (2) times the applicable amount from the above schedule. For the fourth and each succeeding violation, within (2) years, such person, upon conviction, shall be fined two and one-half (2 ½) times the applicable amount from the above fine schedule.

(Ord. 3616, Sec. 1; Code 2008)

(a)   No person operating or occupying a motor vehicle on a street, highway, alley, parking lot, or driveway shall operate or permit the operation of any sound amplification system from within the vehicle so that the sound is plainly audible at a distance of 50 feet or more from the vehicle.

(b)   Sound amplification system means any radio, or electronic device used for amplification of sound.

(c)   Plainly audible means any sound produced by a sound amplification system from within the vehicle, which clearly can be heard at a distance of 50 feet or more. Measurement standards shall be by the auditory senses, based upon a direct line of sight. Words or phrases need not be discernible and bass reverberations are included. The motor vehicle may be stopped, standing, parked or moving on a street, highway, alley, parking lot, or driveway.

(d)   It is an affirmative defense to a charge under this section that the operator was not otherwise prohibited by law from operating the sound amplification systems, and that any of the following apply:

(1)   The system was being operated to request medical or vehicular assistance or to warn of a hazardous road condition.

(2)   The vehicle was an emergency or public safety vehicle.

(3)   The vehicle was owned and operated by the City of Osawatomie, or a gas, electric, communications or refuse company.

(4)   The system was used for the purpose of giving instructions, directions, talks, addresses, lectures or transmitting music to any persons or assemblages of person in compliance with Ordinance of the City of Osawatomie

(5)   The vehicle was used in authorized public activities, such as parades, fireworks, sports events, musical productions and other activities which have the approval of the department of the city authorized to grant such approval.

(e)   PENALTY. Any person, individual, partnership, cooperation or association who violates any of the provisions of this ordinance is guilty of an ordinance violation, and upon conviction shall be punished by a fine not to exceed $500.00 or by imprisonment of not more than six months, or by both such fine and imprisonment. Each day any violation hereof is found to exist or continues to exist shall be a separate offense and punishable as such hereunder. Nothing in this ordinance shall require the witnessing law enforcement officer to physically measure the distance from the officer to the allegedly offending vehicle operator and vehicle prior to the issuance of the citation.

(Code 2018)