Ordinance No. 2356  An ordinance amending chapter 10.10, local traffic regulations, of the Gardner Municipal Code. Now, therefore, be it ordained by the governing body of the City of Gardner, Kansas: SECTION ONE:  Chapter 10.10, Local Traffic Regulations, of the Code of the City of Gardner, Kansas, 2008, is hereby amended to read as follows: CHAPTER 10.10 Local Traffic Regulations 10.10.010  AMENDMENTS TO STANDARD TRAFFIC ORDINANCE – PENALTIES. The Governing Body of the City of Gardner, Kansas hereby deems it advisable to add Section 85.2 and amend Sections 106 and 175.1 of said standard code adopted in GMC 10.05.010 to read as follows: E. SECTION 85.2. Parking Restrictions in Residential Zoning Districts. (a) No person shall park any motor vehicle other than an operable passenger car; passenger van with rear side windows and rear passenger seats; pickup truck not modified with aerial buckets or platforms (e.g. “cherry pickers”), welding equipment, and mechanical lifts or arms designed to assist in loading and unloading freight, or motorcycle; on any street or alley within a residential zoning district except when necessary for loading and unloading or within the performance of a service, and construction vehicles while being used in connection with construction or maintenance authorized by the City or upon property in the block the vehicle is parked. (b) Passenger car, passenger van, pickup truck, or motorcycle means a vehicle licensed for use on public streets; designed primarily for the transportation of people as opposed to equipment, freight, or other vehicles; and sold primarily to individuals for personal use. (c) Trailers attached or detached from a passenger car, passenger van, pickup truck, or motorcycle are not allowed. (d) Upon conviction of a first offense of this section, the defendant shall be fined not less than $100.00 nor more than $1,000.00.  Upon conviction for a second offense, within any given twelve-month period, the defendant shall be fined not less than $250.00 and not more than $1,000.00. Upon conviction of a third offense of this section during any twenty-four-month period, the defendant shall be fined not less than $500.00 nor more than $1,000.00. F. SECTION 106.    Transportation of Alcoholic Beverage. (a) (4) Placed behind the last upright seat or in an area not normally occupied by the driver, or passenger, if a motor vehicle does not have a trunk. G. SECTION 175.1. Compression Release Engine Braking System. (a) It shall be unlawful for the driver of any motor vehicle to use or cause to be used or operated any compression release engine braking system; provided, however, that such brakes may be used in an emergency situation where the use of an engine braking mechanical exhaust device is necessary for the protection of persons or property. (K.S.A. Supp 8-1761) (b) Upon conviction of a first offense of this section, the defendant shall be mandated to appear in court and shall be fined not less than $250.00 or nor more than $1,000. Upon conviction of a second offense of this section, within a twenty-four (24) month period, the defendant shall be mandated to appear in court and shall be fined not less than $350.00 or nor more than $1,000. Upon conviction of a third offense of this section, within a twenty-four (24) month period, the defendant shall be mandated to appear in court and shall be fined not less than $500.00 or nor more than $1,000. No portion of any minimum fine assessed pursuant to this section shall be suspended nor shall the defendant be placed on parole from any portion of the penalty assessed. (c) Definition: Compression Release Engine Braking System. A hydraulically operated device that converts a power producing diesel engine into a power absorbing retarding mechanism. SECTION TWO:  All other ordinances of said City in conflict herewith are hereby amended to conform to the provisions of this Ordinance. SECTION THREE:  This ordinance shall take effect and be in force from and after its publication as provided by law. PASSED and APPROVED this 6th day of December, 2010. CITY OF GARDNER, KANSAS (SEAL) David C. Drovetta, Mayor  Attest:
Doreen K. Pesek, City Clerk