ORDINANCE NO.  896
AN ORDINANCE AMENDING CHAPTER XIV, ARTICLE 1, SECTIONS 14-101, 14-102, 14-103, 14-104, AND 14-105 OF THE CODE OF THE CITY OF EDGERTON, KANSAS, CONCERNING THE STANDARD TRAFFIC ORDINANCE
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF EDGERTON, JOHNSON COUNTY, KANSAS.
SECTION ONE. That Chapter XIV, Article 1, Section 14-101 of the Code of the City of Edgerton is hereby amended to read as follows:
14-101. UNIFORM CODE INCORPORATED.  There is hereby incorporated by reference for the purpose of regulating traffic within the corporate limits of the City of Edgerton, Kansas, that certain code known as the ôStandard Traffic Ordinance for Kansas Citiesö Edition 2010, prepared and published in book form by the League of Kansas Municipalities, Topeka, Kansas, save and except such articles, sections, parts or portions as are omitted, deleted, modified, or changed.  No fewer than one copy of said Standard Traffic Ordinance shall be marked or stamped ôOfficial Copy as Adopted by Ordinance No. 895ö with all sections or portions thereof intended to be omitted or changed clearly marked to show any such omission or change and to which shall be attached a copy of this Ordinance, and filed with the City Clerk to be open for inspection and available to the public at all reasonable hours.  The SheriffÆs Department of Johnson County, Kansas, the municipal judge and all administrative departments of the City charged with enforcement of the Ordinance shall be supplied, at the cost to the City, such number of official copies of such Standard Traffic Ordinance similarly marked, as may be deemed expedient.
SECTION TWO. That Chapter XIV, Article 1, Section 14-102 of the Code of the City of Edgerton is hereby amended by amending Section 33 of the Standard Traffic Ordinance to read as follows:
14-102. SECTION 33 MAXIMUM LIMITS.
(a) Except when a special hazard exists that requires lower speed for compliance with
Section 32, the limits specified in this section or established as hereinafter authorized shall be the Maximum lawful speed, and no person shall drive a vehicle at a speed in excess of such maximum limits:
(1) In any business district, 20 miles per hour;
(2) In any residential district, 30 miles per hour;
(3) In any park, 20 miles per hour;
(4)       20 miles per hour in any posted school zone as provided for in KDOT Traffic,
Signing Project Number 46-U-1129-01, which establishes a school zone with the following times: 7:30 am to 8:30 am; 11:15 am to 12:45 pm; 3:15 pm to 4:15 pm;
(5)       In any urban district, 30 miles per hour;
(6)      On any separated multi-laned highway, as designated and posted by the
Secretary of Transportation, 70 miles per hour:
(7)      On any county or township highway, 55 miles per hour;
(8)      On West Martin Street, 25 miles per hour as provided for in the  Edgerton,
Kansas Speed Study as provided in the 1997 KDOT Traffic Engineering Assistance Program;
(9)      On West McDonald Street, 25 miles per hour as provided in the 1997 KDOT
Traffic Engineering Assistance Program;
(10) On West Fourth Street between West Martin and West McDonald Streets,
25 miles per hour as provided in the 1997 KDOT Traffic Engineering Assistance program;
(11) On West Third Street south of Edgewood Drive, 25 miles per hour as
provided in the 1997 KDOT Traffic Engineering Assistance Program;
(12)   On West Fourth Street south of Edgewood Drive, 25 miles per hour as provided in the 1997 KDOT Traffic Engineering Assistance Program;
(13)      On all other highways, 65 miles per hour.
(b) No person shall drive a school bus to or from school or inter-school or intra-school functions or activities, at a speed great than 45 miles per hour on any roadway having dirt, sand or gravel surface, and in no event shall a school bus be driven to and from school, or functions or activities, in excess of 55 miles per hour, notwithstanding any maximum speed limit in excess thereof.  The provisions of this subsection shall apply to buses used for the transportation of students enrolled in community colleges or area vocational schools when such buses are transporting students to or from school, or functions or activities.
(c) The maximum speed limits in this section may be altered as authorized in K.S.A. 8-1559 and 8-1560 and amendments thereto.
SECTION THREE. That Chapter XIV, Article 1, Section 14-102 of the Code of the City of Edgerton is hereby amended by amending Section 116 of the Standard Traffic Ordinance to read as follows:
14-102.   SECTION 116. DRIVING UPON SIDEWALK.
No person shall drive any vehicle upon a sidewalk or sidewalk area except upon a permanent or duly authorized temporary driveway, or to otherwise temporarily access private property adjacent to the public right-of-way.
SECTION FOUR. That Chapter XIV, Article 1, Section 14-103 of the Code of the City of Edgerton is hereby amended to read as follows:
14-103. DEFINITIONS.
IDLE û The motor vehicle operating mode consisting of a non-leaded, throttled engine speed at the revolutions per minute specified by the manufacturer.
MOTOR VEHICLE û Any road, self-propelled vehicle that is required to be registered and have a license plate by the Department of Motor Vehicles.
PERSON û Corporations, companies, associates, societies, firms, partnerships, and joint-stock companies as well as individuals, and shall also include all political subdivisions of this state or any agencies or instrumentalists thereof.
PUBLIC AND PRIVATE PROPERTY û All real estate within the City, including Inter alia, public and private parking lots, on which a motor vehicle may be physically located except for public streets and highways within the City.
RESTRICTED IDLING ZONES û Areas within City limits that are considered moderate to high emission zones.
SECTION FIVE. That Chapter XIV, Article 1, Section 14-104 of the Code of the City of Edgerton is hereby amended to read as follows:
14-104. IDLING PROHIBITED; MOTOR VEHICLES
a. No person shall cause, suffer, allow, or permit the engine of a motor vehicle to idle for more than five (5) consecutives minutes in every sixty (60) minute period if the vehicle is in one of the designated areas of limited idling zones that include:
1. Any City parking lot or property;
2. Any City owned or operated park area;
3. Pick-up or drop-off areas on all school property, parking lots, and commercial and industrial delivery or loading zones; and
4. Commercial or industrial delivery zones, including, but not limited to, private drives or areas leading to the delivery zone.
b. No person shall cause, suffer, allow, or permit the engine of a motor vehicle to idle for more than thirty (30) consecutives minutes in every sixty (60) minute period if the vehicle is loading or unloading in a designated commercial or industrial zone.
c. The following exemptions shall apply to this Section:
1. Emergency vehicles in emergency situations, or any motor vehicle used in an emergency capacity, while in an emergency or training mode and not for the convenience of the vehicle operator;
2. Motor vehicles stopped in a line of traffic because of on-highway traffic, an official traffic control device or signal, or at the direction of a law enforcement official;
3. Motor vehicles with mechanical difficulties, over which the driver has no control;
4. Electric utility vehicles when operated for electricity generation or hydraulic pressure to power equipment necessary in the restoration, repair, modification or installation of electric utility service;
5. Motor vehicle is required to operate auxiliary equipment to accomplish the intended use of the vehicle such as loading, unloading, mixing, or processing cargo; controlling cargo temperature; construction operations; lumbering operations; oil or gas well servicing; or farming operations. The exemption does not apply when the vehicle is idling solely for cabin comfort or to operate non-essential equipment such air conditioning, heating, microwave ovens, or televisions except in the case of a safety or health emergency; and
6. All motor vehicles when temperatures are below thirty-two (32) degrees Fahrenheit and in excess of eighty-five (85) degrees Fahrenheit.
SECTION SIX. That Chapter XIV, Article 1, Section 14-105 of the Code of the City of Edgerton is hereby established to read as follows:
14-105.PENALTY FOR SCHEDULED FINES.  The fine for violation of an ordinance traffic infraction or any other traffic offense for which the municipal judge establishes a fine in a fine schedule shall not be less than $10 nor more than $500, except for speeding which shall not be less than $30 nor more than $500.  A person tried and convicted for violation of an ordinance traffic infraction or other traffic offense for which a fine has been established in a schedule of fines shall pay a fine fixed by the court not to exceed $ 500.
SECTION SEVEN. REPEAL.     Former Chapter XIV, Article 1, Sections 14-101, 14-102, 14-103, 14-104, and 14-105 of the Code of the City of Edgerton are hereby repealed in their entirety.
SECTION EIGHT. EFFECTIVE DATE.  This Ordinance shall take effect and be in force after its approval and publication in the official City newspaper.
PASSED BY THE GOVERNING BODY AND APPROVED BY THE MAYOR OF EDGERTON, KANSAS THIS 28TH DAY OF OCTOBER, 2010.
CITY OF EDGERTON, KANSAS
By:  Donald Roberts, Mayor
ATTEST:
Janeice L. Rawles, City Clerk
APPROVED AS TO FORM:
Patrick G. Reavey, City Attorney