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, “non-highway tire” means any pneumatic tire 6 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)   “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.

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

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

(f)   “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. 1566; Ord. 1602; Code 2015)

(a)   All-terrain vehicles may be operated upon the public highways, streets, roads and alleys within the corporate limits of the city; provided, however, that no all-terrain vehicle shall be operated on any federal highway or state highway. The provisions of this subsection shall not prohibit an all-terrain vehicle from crossing a federal or state highway.

(1)   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 shall 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.

(2)   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.

(3)   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.

(4)   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.

(b)   Golf carts may be operated upon the public highways, streets, roads and alleys within the corporate limits of the city where the posted speed limit is 30 miles per hour or less.

(1)   No golf cart shall be operated on any 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.

(2)   No golf cart shall be operated upon the public highways, streets, roads and alleys within the corporate limits of the city after sunset or before sunrise, i.e. after dark, unless equipped with functioning head lights, tail lights and turn signals.

(c)   Micro utility trucks may be operated upon the public highways, streets, roads and alleys within the corporate limits of the city, provided such truck complies with the equipment requirements under Article 17 of Chapter 8 of the Kansas Statutes Annotated, and amendments thereto.

(1)   No micro utility truck shall be operated on any 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 within the corporate limits of the city.

(1)   No work-site utility vehicle shall be operated on any 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.

(Ord. 1566; Ord. 1602; Code 2015)

(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 work-site utility 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. 1566; Ord. 1602; Code 2015)

(a)   No person shall operate a special purpose vehicle on any public street, or alley for any purpose unless the special purpose vehicle is equipped with:

(1)   A bicycle safety flag, the top of which shall be a minimum of five (5) feet from ground level.

(2)   Adequate brakes.

(3)   Working head lights, turn signals, and tail lights, except golf carts operated during daylight.

(b)   It shall be illegal to operate a special purpose vehicle 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)   No special purpose vehicle shall be operated on any city street at a speed in excess of thirty (30) miles per hour.

(Ord. 1566; Ord. 1602; Code 2015)

(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.

(c)   No person shall operate a special purpose vehicle without proof that the owner has liability insurance in accordance with subsection (a).

(Ord. 1566; Ord. 1602; Code 2015)

(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 placed on the vehicle. The license fee shall be twenty-five dollars ($25.00) 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.

(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 14-505 shall be furnished at the time of application for registration.

(c)   Prior to the issuance of the registration and license, each applicant for a special purpose vehicle license shall first present such vehicle for an official inspection. If, upon inspection such vehicle is found to be in safe mechanical condition, and upon completion of the registration application, establishing proof of insurance and payment of the fees herein provided, a license shall be issued to the owner who shall attach it to the vehicle. The license shall be displayed in such a manner as to be clearly visible from the rear of the vehicle. The license number on the application will be recorded and then filed in the police department.

(d)   It is unlawful for any person to willfully or maliciously remove, destroy, mutilate or alter such license during the time in which the same is operative.

(e)   The license issued hereunder is not transferrable. In the event of sale or other transfer of ownership of any vehicle license under the provisions of this section, the existing license and the right to use the numbered license shall expire, and the license 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 license is lost or destroyed, the city clerk, upon proper showing by the licensee and the payment of a fee of ten dollars ($10:00), shall issue a new license in accordance with the provisions of this section.

(g)   It shall be unlawful for any person to:

(1)   Operate, or for the owner thereof knowingly to permit the operation, 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.

(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 $200.00 and forfeiture of the vehicle. 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 other mark of identification upon any special purpose vehicle. 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 special purpose vehicle not lawfully issued for such vehicle.

(Ord. 1566; Ord. 1602; Code 2015)

(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 all-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 vehicles 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. 1566; Ord. 1602; Code 2015)

(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.

(Ord. 1566; Ord. 1602; Code 2015)

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. 1566; Ord. 1602; Code 2015)