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) Multipurpose Off-Highway Utility Vehicle, or UTV means any vehicle designed for off-highway use which has: a width no less than 48 inches; an overall length, including the bumper, of not more than 160 inches; four or more wheels; low-pressure tires; side by side seating; a steering wheel; non-straddle seating; manufacturer provided foot controls for throttle and braking, excluding any modifications for use by handicapped persons; occupant restraints; and, rollover protective structures, excluding lower speed work-site vehicles which may have been manufactured without such rollover protection.
(b) Pocket bike means every device having two tandem wheels, or three wheels, which may be propelled by a gasoline engine and on which the headlights are lower than 24 inches from the ground, its tailpipe is lower than 15 inches, and no vehicle identification number is located on the vehicle nor can ownership of the vehicle be registered.
(c) Motorized scooter means a vehicle consisting of a footboard between two small end wheels, controlled by an upright steering handle attached to the front wheel, propelled by an electric or gasoline motor, and no vehicle identification number is located on the vehicle nor can ownership of the vehicle be registered.
(Ord. 3564, Sec. 1; Code 2008; Ord. 3763; Ord. 3764)
(a) It shall be unlawful for any person to operate, or for the owner thereof knowingly to permit the operation, any UTV, upon any street or alley within the City limits of Osawatomie, Kansas or upon any City owned or leased property within or without the City limits of the City of Osawatomie, Kansas, except as provided for in this article.
(b) A UTV, may be operated upon the public highways, streets, roads and alleys within the corporate limits of the city as provided:
(1) No UTV may be operated upon U.S. Highway-169, Osawatomie Road, Plum Creek Road, Old Kansas City Road, 343rd Street, 335th Street, or any public highway, street, road and alley with a posted speed limit in excess of 55 miles per hour, however, that the provisions of this subsection shall not prohibit a UTV from crossing any public highway, street, road or alley unless otherwise prohibited by state law.
(2) No UTV shall be operated upon any public highway, street, road or alley between sunset and sunrise unless such vehicle is equipped with lights and reflectors as required for motor vehicles under Article 17 of Chapter 8 of the Kansas Statutes Annotated (K.S.A), and amendments thereto.
(c) In addition to any equipment required by 49 CFR 571.500, or by this article, a UTV operating upon any public highway, street, road or alley shall be equipped with at least one rear view mirror.
(d) A UTV capable of speeds in excess of 25 mph is defined by the State of Kansas as a Motor Vehicle and is required to meet equipment and operating standards of Article 17 of Chapter 8 of the Kansas Statutes Annotated and amendments thereto.
(e) All UTV shall comply with noise and muffler requirements as set forth in K.S.A. 8-1739, and amendments thereto.
(Ord. 3564, Sec. 2; Code 2008; Ord. 3763; Ord. 3764)
(a) All persons are required to wear seatbelts in a UTV if originally equipped by the manufacturer.
(b) Every person operating a UTV 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.
(c) No person shall operate a UTV on any public highway, street, road or alley within the corporate limits of the city unless such person has a valid, unrestricted, 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.
(d) All provisions of the most current adopted Standard Traffic Ordinance with regards to liability insurance for motor vehicles, and amendments thereto, including penalty provisions, shall be applicable to all owners and operators of a UTV.
(Ord. 3564, Sec. 3; Code 2008; Ord. 3763)
(a) Before operating any UTV on any public highway, street, road or alley within the corporate limits of the city, the UTV shall be registered with the city and display a valid registration decal or tag affixed and displayed in such a manner as to be clearly visible from the rear of the vehicle.
(b) Application for registration of a UTV shall be made by the owner, or owner’s agent, in the office of the Police Department. All applications 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 UTV to be registered (including make, model and serial number).
(c) An initial registration fee and any registration renewal for a UTV shall be established by the annual fee resolution, but shall not be less than twenty-five dollars ($25.00).
(d) Proof of insurance, as required in this article, shall be furnished at the time of application for registration or any renewal of the registration.
(e) The registration decal or tag issued hereunder is not transferrable. In the event of sale or other transfer of ownership of a UTV licensed under the provision of this section, the existing registration decal or tag and the right to use the numbered decal or tag shall expire, and the decal or tag shall be removed by the owner. It is unlawful for any person other than the person to whom the license was originally issued to have the same in his possession.
(f) In the event a registration decal or tag is lost, stolen or destroyed, it is the responsibility of the owner and must be re-registered with a full initial registration fee before the UTV may be operated on a public road.
(g) It is unlawful for any person to willfully or maliciously remove, destroy, mutilate or alter such registration decal or tag during the time in which the same is operative.
(h) It shall be unlawful for any person to:
(1) Operate, or for the owner thereof knowingly to permit the operation, upon a public highway, street, road or alley within the corporate limits of the city a UTV which is not registered and which does not have attached thereto and displayed thereon the registration decal or tag assigned thereto by the city.
(2) Display, cause or permit to be displayed, or to have in possession, any registration receipt, registration license or registration decal knowing the same to be fictitious or to have been canceled, revoked, suspended or altered. A violation of this subsection (2) shall constitute an unclassified misdemeanor punishable by a fine of not less than $100.00 and forfeiture of the item. A mandatory court appearance shall be required of any person violating this subsection.
(3) Lend to or knowingly permit the use by one not entitled thereto any registration receipt, registration license plate or registration decal issued to the person so lending or permitting the use thereof.
(4) Remove, conceal, alter, mark or deface the license number plate, plates or decals or any mark of identification upon any UTV. Licenses shall be kept clean and placed as required by law so as to be plainly visible and legible.
(5) Carry or display a registered number plate or plates or registration decal upon any UTV not lawfully issued for such vehicle.
(6) Any person convicted of a violation of any provision of this section, shall for the first conviction thereof be punished by a fine of not less than $250.00.
(Ord. 3763)
(a) Except as set forth below, the operation of electric-assisted scooters shall be permitted upon a street, highway or roadway and on designated bicycle and multi-use paths and in designated areas.
(b) It shall be unlawful for any person to operate any motorized scooter on the sidewalk.
(c) It shall be unlawful for any person to operate an electric-assisted scooter on a street with a posted speed limit of forty (40) miles per hour or higher unless there is a bike lane on such roadway.
(d) It shall be unlawful for any person to engage in any activity that interferes with the safe operation of the electric-assisted scooter.
(e) It shall be unlawful for any person to operate an electric-assisted scooter in such a manner as to indicate a careless or heedless disregard for the rights or safety or others or in such a manner as to endanger or be likely to endanger any person or property.
(f) Every person riding an electric-assisted scooter upon a street, highway or roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this Title except as to special ordinances so designated and except to those provisions of this code which by their nature can have no application.
(g) Every person operating an electric-assisted scooter upon a street, highway or roadway at less than the normal speed of traffic shall ride as near to the right side of the street, highway or roadway as practicable except when:
(1) Preparing to make a left turn at an intersection or into a private drive or roadway;
(2) Reasonably necessary to avoid conditions including, but not limited to, fixed or moving objects, parked or moving vehicles, bicycles, pedestrians, animals, surface hazards, or narrow width lanes that make it unsafe to continue along the right-hand edge of the street, highway or roadway. For the purposes of this section, “Narrow width lane” means a lane that is too narrow for a bicycle or stand-up electric-assisted scooter and a vehicle to travel safely side-by-side within the lane.
(h) Any person operating an electric-assisted scooter upon a one-way street, highway or roadway with two or more marked traffic lanes shall ride as near to the right side of the roadway as practicable.
(i) Persons riding electric-assisted scooters upon a street, highway, or roadway shall not ride more than two abreast except on paths or parts of roadways set aside for the exclusive use of bicycles or electric-assisted scooters.
(j) No electric-assisted scooter shall be used to carry more persons at one time than the number for which it is designed or equipped.
(k) It shall be unlawful for any person while riding an electric-assisted scooter on the streets, highways, bicycle or multiuse paths of the City, to hitch or otherwise attach him or herself onto other moving vehicles.
(l) A person operating an electric-assisted scooter across a street, highway or a roadway or along a crosswalk shall yield the right of way to any pedestrian and shall give the audible signal before overtaking and passing such pedestrian.
(m) Any person operating an electric-assisted scooter across a roadway or along a crosswalk shall have all the rights and duties applicable to a pedestrian under the same circumstances.
(n) It shall be unlawful for any person to operate an electric-assisted scooter upon the roadway, street, highway or bicycle or multiuse path between the hours of dusk or 9:00 P.M., whichever is earlier, and sunrise.
(o) It shall be unlawful for any person to operate an electric-assisted scooter at a speed in excess of twenty (20) miles per hour.
(p) Persons operating electric-assisted scooters shall possess a valid driver’s license, but no vehicle registration shall be required for operation of an electric motorized scooter.
(Ord. 3763; Ord. 3859)
(a) No person shall ride or attempt to ride an electric-assisted scooter on any sidewalk, street, roadway, highway, or public path set aside for the exclusive use of pedestrian and bicycle traffic, including all public parks and playgrounds or other property under the ownership, jurisdiction or control of the city, or any other agency or public entity created to provide a public service, while under the influence of an alcoholic beverage or any drug, or under the combined influence of an alcoholic beverage and any drug to a degree which renders such person a hazard.
(b) Any person arrested for a violation of this section may request to have a chemical test made of the person's blood, breath, or urine for the purpose of determining the alcoholic or drug content of that person's blood, and, if so requested, the arresting officer shall have discretion as to the appropriate test to be performed.
(c) Any person, who, within the corporate limits of the city, violates any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed $500.00, or by six months imprisonment, or by both such fine and imprisonment.
(Ord. 3763; Ord. 3859)
Prohibited Parking of Electric-Assisted Scooters.
(a) It is unlawful for any person to park or leave an electric-assisted scooter on public property where such electric-assisted scooter blocks pedestrian’s travel or presents a traffic hazard.
(b) It is unlawful for any person to park or leave an electric-assisted scooter in the area adjacent to or within the following areas:
1. Transit zones, including bus stops, shelters, passenger waiting areas and bus layover and staging zones, except at existing bicycles racks;
2. Loading zones;
3. Disabled parking zones;
4. Curb ramps;
5. Driveways and driveway approaches;
6. Motor Vehicle parking spaces;
7. Motor vehicle driving lanes or bicycle lanes; and
8. Entrances to private property or driveways.
(c) It is unlawful for any person to park or leave an electric-assisted scooter in any manner or to impede or interfere with the access to or from any building.
(Ord. 3763; Ord. 3859)
Motorized scooters may be impounded or taken to any other place of safety by the police department or another authorized city representative when:
(a) The electric-assisted scooter is reported or determined to be stolen and is recovered; or
(b) The electric-assisted scooter is abandoned; or
(c) The electric-assisted scooter is left on public property where that scooter blocks pedestrian travel or presents a traffic hazard.
An impounded electric-assisted scooter shall not be released by the City until all necessary impound fees have been paid and the rightful owner is found and shows proof of ownership.
(Ord. 3859)
The provisions of this article are severable and should any such provision be declared unconstitutional or unenforceable, such declaration shall not affect any of the remaining provisions hereof.
(Ord. 3859)
The operation of pocket bikes, and non-electric, motorized scooters on the streets, roads, alleys or public property within the corporate limits of the City of Osawatomie is prohibited, unless specifically authorized for a City sponsored event or City permitted special event.
(Ord. 3859)
Unless specifically provided for herein, a violation of this article 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 Article 20 of the Standard Traffic Ordinance as currently adopted by the city, and amendments thereto, or such other similar provision as the city may then have in effect.
(Ord. 3859)
UTVs which are owned, leased or operated by the City or other governmental entities that are being operated for the purpose of maintaining roads, right of ways or for other specific purpose as required in the performance of a job other than general transportation, are exempt from the restrictions of this article, except for insurance and operator requirements in Section 14-603.
(Ord. 3859)