Johnson County, Kansas criminal case law and statutes

Chapter 3-7 GENERAL POLICE PROCEDURES

ARTICLES:

3-7-A CANINE CORPS
3-7-B FINGERPRINTING AND PHOTOGRAPHING
3-7-C POLICE MONITORS
3-7-D UNCLAIMED PROPERTY (Rep. Ord. 4505, 9/10/2002)
3-7-E PENALTY FOR NONCOMPLIANCE
3-7-F DEFINITIONS

Article 3-7-A CANINE CORPS

Sections:

3-7-A-1 ABUSE PROHIBITED.
3-7-A-2 INTERFERENCE PROHIBITED.

Section 3-7-A-1 ABUSE PROHIBITED.

It shall be unlawful for any person to strike, abuse, tease, harass or assault any dog being used by the City for the purpose of performing the duties of a police dog, regardless of whether the dog is on duty or off.

Section 3-7-A-2 INTERFERENCE PROHIBITED.

It shall be unlawful for any person to interfere with a dog being used by the Police Department or attempt to interfere with the handler of the dog in such a manner as to inhibit, restrict or deprive the handler of his control of the dog.

Article 3-7-B FINGERPRINTING AND PHOTOGRAPHING

Sections:

3-7-B-1 PURPOSE AND INTENT.
3-7-B-2 PERSONS AUTHORIZED TO BE FINGERPRINTED AND PHOTOGRAPHED.

Section 3-7-B-1 PURPOSE AND INTENT.

It is hereby authorized and directed, as an aid to the prevention and detection of crime and for other police purposes such as identification of injured and dead persons and the location of missing persons, that the Police Department may cause to be made fingerprint impressions and photographs of the person hereinafter described in Section 3-7-B-2 of this Article.

Section 3-7-B-2 PERSONS AUTHORIZED TO BE FINGERPRINTED AND PHOTOGRAPHED.

1. Arrested Persons: The following persons, when practical, may be fingerprinted and photographed following their arrest: Any person arrested for the commission of a felony, or a Class A or B misdemeanor, or a violation of a Municipal ordinance which would be the equivalent of a Class A or B misdemeanor under State law, or any other occasion permitted by law.
2. Police Department Employees and Security Officers: It is further authorized and directed that photograph and fingerprint impressions be taken of all applicants for employment within the Police Department and for all applicants for private security officer commissions.

Article 3-7-C POLICE MONITORS

Sections:

3-7-C-1 USE OF MONITORS RESTRICTED.
3-7-C-2 EXCEPTION.
3-7-C-3 POLICE RADIO CALLS.

Section 3-7-C-1 USE OF MONITORS RESTRICTED.

No person shall install, equip or operate any motor vehicle within this City with a police monitor, unless such motor vehicle is being used by the Federal, State, County or City government in the conduct of official business or by a law enforcement officer.

Section 3-7-C-2 EXCEPTION.

It shall not be deemed unlawful for any member of the news media to install, equip, or operate any motor vehicle within this City with a police monitor while pursuing their profession and "on duty". At all other times, said equipment must be removed from the vehicle and/or not used by said person nor any other member of the household or any other person who might have access to said vehicle.

Additionally, Red Cross vehicles, while on duty, may be equipped with, and members of the emergency team may operate a police monitor for the purpose of rendering aid at locations of emergency only.

Section 3-7-C-3 POLICE RADIO CALLS.

It is unlawful for any person, other than City officers and Police and Fire Department officers in the line of duty, to follow up and answer police radio calls or to in any way interfere with police officers answering such radio police calls.

Article 3-7-D UNCLAIMED PROPERTY (Rep. Ord. 4505, 9/10/2002)

Article 3-7-E PENALTY FOR NONCOMPLIANCE

Sections:

3-7-E-1 PENALTY.

Section 3-7-E-1 PENALTY.

Unless otherwise provided, violation of any of the provisions of this Chapter will be subject to Section 1-1-C-3 of this Code.

Article 3-7-F DEFINITIONS

Sections:

3-7-F-1 POLICE MONITOR.

Section 3-7-F-1 POLICE MONITOR.

When used in Article C of this Chapter, "police monitor" means any high frequency receiving set, either permanently installed or portable, capable of receiving or intercepting any signal, message or communication sent out by any police radio station.

Chapter 3-8 MOTOR VEHICLES AND TRAFFIC

ARTICLES:

3-8-A STANDARD TRAFFIC REGULATIONS
3-8-B LOCAL REGULATIONS
3-8-C INOPERABLE VEHICLES
3-8-D TOWING OF VEHICLES PROCEDURES (CITY INITIATED)
3-8-E POLICE ROTATION TOW PROCEDURES
3-8-F TOWING OF VEHICLES FROM PRIVATE PROPERTY (NON-CITY INITIATED)
3-8-G DEFINITIONS

Article 3-8-A STANDARD TRAFFIC REGULATIONS

Sections:

3-8-A-1 STANDARD TRAFFIC ORDINANCE INCORPORATED.
3-8-A-2 SPEED LIMITS.
3-8-A-3 (Rep. Ord. 3873, 11/17/1994)
3-8-A-4 WALKING, JOGGING AND/OR RUNNING REGULATIONS.
3-8-A-5 ACCESSIBLE PARKING (PARKING FOR PERSONS WITH DISABILITIES; VIOLATIONS). (Rep. Ord. 4032, 11/7/1996)
3-8-A-6 MOTOR VEHICLE LICENSE PLATES (DEALER/IN-TRANSIT).
3-8-A-7 PROHIBITED ACTS.
3-8-A-8 REGULATION OF SIZE, WEIGHT, AND LOAD OF VEHICLES.
3-8-A-9 FEDERAL MOTOR CARRIER SAFETY REGULATIONS.
3-8-A-10 SECTIONS REPEALED.
3-8-A-11 SECTION 396.9 INSPECTION OF MOTOR VEHICLES IN OPERATION. (Rep. Ord. 4786, 10/1/2005)
3-8-A-12 DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS; PENALTIES. (Rep. Ord. 4418, 9/1/2001)
3-8-A-13 MUTCD, PART 6, TEMPORARY TRAFFIC CONTROL.

Section 3-8-A-1 STANDARD TRAFFIC ORDINANCE INCORPORATED.

1. There is hereby incorporated by reference for the purpose of regulating traffic upon highways of the City that certain standard traffic ordinance known as the Standard Traffic Ordinance for Kansas Cities, Edition of 2010  (STO 2010), prepared and published in book form by the League of Kansas Municipalities, 300 S.W. 8th Street, Topeka, Kansas 66603, save and except such articles, sections, parts or portions as are hereafter omitted, deleted, modified, or changed. No less than three (3) copies of the STO 2010 shall be marked or stamped "official copy" as adopted by Ordinance 5176 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 to inspection and available to the public at all reasonable hours. The Police Department, Municipal Judge, and all administrative departments of the City charged with the enforcement of the Ordinance shall be supplied, at the cost of the City, such number of official copies of the STO 2010 as may be deemed expedient.
2. Section 2 of the STO 2010, is hereby changed to read as follows:
   

   Section 2: Provisions of Ordinance Refer to Vehicles Upon the Streets and Highways; Exceptions. The provisions of this ordinance relating to the operation of vehicles refer exclusively to the operation of vehicles upon streets and highways within this City except: (a) Where a different place is specifically referred to in a given section. (b) The provisions of Sections 29, 30, 30.1, 30.2, 30.3, 30.4, 37, 81, and 82 of this ordinance, and the provisions of Article 10 of Chapter 8 of the Kansas Statutes Annotated, and any acts amendatory thereof, shall apply upon streets and highways and elsewhere throughout the City.

3. Section 13.1 of the STO 2010  is hereby changed to read as follows:
   

   Section 13.1: Traffic Control Signal Preemption Devices. (a) Except as provided in subsection (c), it shall be unlawful for a person to possess a traffic control signal preemption device. (b) A person convicted of violating subsection (a) shall be guilty of a Code violation and subject to a fine of not more than $1,000 or by imprisonment for not more than six (6) months or by both such fine and imprisonment. (c) The provisions of this section shall not apply to the operator, passenger, or owner of any of the following authorized emergency vehicles, in the course of such person's emergency duties: (1) Publicly owned fire department vehicles; (2) Publicly owned police vehicles; (3) Publicly owned municipal services department vehicles; or (4) Motor vehicles operated by ambulance services permitted by the emergency medical services board.

4. Section 33 of the STO 2010 is hereby deleted.

5. Section 1: Definitions. The definition for "Motorized Skateboard" of the STO 2010 is hereby changed to read as follows: (It is expressly noted that only this definition is amended, and all other definitions contained in Section 1 of the STO 2010, remain unchanged.)

   Motorized Skateboard: Any tandem-wheeled device powered by a gas or electric motor that has a skateboard-type deck and handlebars, and either is designed to be stood upon by the operator, or one with a seat mounted on the deck designed to be sat upon by the operator, (also commonly referred to as a motorized scooter). Motorized skateboards shall be considered skateboards for purposes of trespassing on private property which have been posted with signs prohibiting skateboards or skateboarding.

6. Section 46 of the STO 2010 is hereby changed to read as follows:

   Section 46: Driving on Roadways Laned for Traffic.                  Whenever any roadway has been divided into two or more clearly marked lanes for traffic the following rules in addition to all others consistent herewith shall apply: (a)  A vehicle shall be driven entirely within a single lane and shall not be moved from such lane until the driver has first complied with the requirements of Section 54. (b) Upon a roadway which is divided into three lanes and provides for two-way movement of traffic, a vehicle shall not be driven in the center lane except when overtaking and passing another vehicle traveling in the same direction when such center lane is clear of traffic within a safe distance, or in preparation for making a left turn or where such center lane is at the time allocated exclusively to traffic moving in the same direction that the vehicle is proceeding and such allocation is designated by official traffic-control devices. (c) Official traffic-control devices may be erected directing specified traffic to use a designated lane or designating those lanes to be used by traffic moving in a particular direction regardless of the center of the roadway and drivers of vehicles shall obey the directions of every such device. (d) Official traffic-control devices may be installed prohibiting the changing of lanes on sections of roadway and drivers of vehicles shall obey the direction of every such device.

7. Section 109.1 of the STO 2010 is hereby changed to read as follows:

 

Section 109.1: Motorized Skateboards. It shall be unlawful for any person to operate a motorized skateboard upon any public or private street, road or highway, or upon any recreational path or trail in this City.

8. Section 114.2 of the STO 2010 is hereby changed to read as follows:

   Section 114.2: Unlawful Operation of Work-Site Utility Vehicle, Golf Cart or Micro Utility Truck. (a) It shall be unlawful for any person to operate a work-site utility vehicle, golf cart or micro utility truck:        (1) On any interstate highway, federal highway, or state highway; or (2) Within the corporate limits of any city unless authorized by such city as provided herein. (b) No work-site utility vehicle, golf cart or micro utility truck shall be operated on any public highway, street, or road unless such vehicle    complies with the equipment requirements under the provisions of Article 17 of Chapter 8 of the Kansas Statutes Annotated.  (c) The provisions of subsection (a) shall not prohibit a work-site utility vehicle, golf cart or micro utility truck from crossing a federal or state highway. (d) The provisions of subsection (a) shall not prohibit the operation of any of the following authorized work-site utility vehicle, golf cart or micro utility truck, in the course of authorized duties within the city by a fire department, law enforcement agency, parks department or municipal services department. (e) The operation of a work-site utility vehicle, golf cart or micro utility truck is authorized within the city on private property with the consent of the property owner.

9. Section 114.4 of the STO 2010 is hereby deleted.

10. Section 114.5 of the STO 2010 is hereby deleted.

11. Section 116 of the STO 2010 is hereby changed to read as follows:

    Section 116: Driving Upon Sidewalk. No person shall drive any vehicle or motorized skateboard upon a sidewalk or sidewalk area, with the following exceptions: (a) Upon a permanent or duly authorized temporary driveway. (b) Motorized skateboards that are either designed to be and are actually stood upon by the operator, or are designed to be and are actually sat upon by the operator with a minimum seat height of 24 inches as measured from the ground to the top of the seat at the time they are operated, may be operated upon a sidewalk, provided that: (1) No person shall operate or ride upon a motorized skateboard between the time from sunset to sunrise, or at any other time when due to insufficient light or unfavorable atmospheric conditions, persons and vehicles on the highway or sidewalk are not clearly discernible at a distance of 1,000 feet ahead; (2) No person shall operate a motorized skateboard in excess of 15 miles per hour; (3) All persons must operate a motorized skateboard with caution and due regard to conditions then existing, including, but not limited to, fixed or moving objects, parked or moving bicycles, pedestrians, animals, surface hazards, or narrow areas that make it unsafe to continue along the sidewalk or sidewalk area; and (4) All persons under the age of 18 who operate or ride upon a motorized skateboard shall wear an approved bicycle helmet that is properly fitted and is fastened securely by a neck or chin strap while the motorized skateboard is in motion.

12. Section 134.1 of the STO 2010 is hereby added to read as follows:

    Section 134.1:  Application of Section 200 to Motorized Bicycles.  The provisions of Section 200 shall be applicable to motorized bicycles and every person operating a motorized bicycle shall be subject to the provisions thereof.

13. Section 182.1 of the STO 2010 is hereby added to read as follows:

    Section 182.1. Seat Belts. (a)      Except as provided in Section 182, and in subsection (b) or (c), each occupant of a passenger car manufactured with safety belts, who is 18 years of age or older, shall have a safety belt properly fastened about such person’s body at all times when the passenger car is in motion. (b)     Each occupant of a passenger car manufactured with safety belts, who is at least 14 years of age but less than 18 years of age, shall have a safety belt properly fastened about such person’s body at all times when the passenger car is in motion. (c)     This section does not apply to: (1)     An occupant of a passenger car who possesses a written statement from a licensed physician that such person is unable for medical reasons to wear a safety belt system; (2)      Carriers of United States mail while actually engaged in delivery and collection of mail along their specified routes; (3)      Newspaper delivery persons while actually engaged in delivery of newspapers along with their specified routes; or (4)      An occupant of a passenger car required to be protected by a safety restraining system under the child passenger safety act. (d)      Law enforcement officers shall not stop drivers for violations of subsection (a) by a back seat occupant in the absence of another violation of law. A citation for violation of subsection (a) for a back seat occupant shall not be issued without citing the violation that initially caused the officer to effect the enforcement stop. (e)        (1)     Persons violating subsection (a) shall be fined $30; and (2)     Persons violating subsection (b) shall be fined $60. (f)     As used in this section, passenger car means a motor vehicle, manufactured or assembled after January 1, 1968, or a motor vehicle manufactured or assembled prior to 1968 which was manufactured or assembled with safety belts, with motive power designed for carrying 10 passengers or fewer, including vans, but does not include a motorcycle or a motor-driven cycle.

14. Section 196 of the STO 2010 is hereby changed to read as follows:

    Section 196: Unauthorized Operator. No person shall authorize or knowingly permit a motor vehicle or motorized skateboard owned by him or her or under such person's control to be driven upon any highway by any person who has no legal right to do so, or, in the case of a motor vehicle, who does not have a valid driver's license.

15. Section 197 of the STO 2010 is hereby changed to read as follows:

    Section 197: Unauthorized Minors: No person shall cause or knowingly permit his child or ward under the age of 18 years to drive a motor vehicle upon any highway when such minor person is not authorized under the laws of Kansas to drive a vehicle. No person shall cause or knowingly permit his child or ward under the age of 18 years to operate a motorized skateboard upon any highway at any time.

16.  Section 199 of the STO 2010 is hereby changed to read as follows:

    Section 199: Unlawful Use of License or Identification Card (a.) It shall be unlawful for any person, for any purpose to: (1) Display or cause or permit to be displayed or have in possession any fictitious or fraudulently altered driver's license or identification card. (2) Lend any driver's license or identification card to any other person or knowingly permit the use thereof by another. (3) Display or represent as the person's own, any driver's license or identification card not issued to the person. (4) Fail or refuse to surrender to any police officer upon lawful demand any driver's license which has been suspended, revoked, or canceled. (5) Permit any unlawful use of one's driver's license or identification card issued to such person. (6) Photograph, photostat, duplicate, or in any way reproduce any driver's license, identification card, or facsimile thereof in such a manner that it could be mistaken for a valid driver's license or identification card or display or have in possession any such photograph, photostat, duplicate, reproduction or facsimile unless authorized by law. (7) Display or possess any photograph, photostat, duplicate or facsimile of a driver's license or identification card unless authorized by law. (8) Display or cause or permit to be displayed any canceled, revoked, or suspended driver's license. (9) Lend any driver's license or identification card to or knowingly permit the use of any driver's license or identification card by any person under 21 years of age for use in the purchase of, or an attempt to purchase, any alcoholic liquor or cereal malt beverage. (10) Lend any driver's license or identification card to or knowingly permit the use of any driver's license or identification card by any person under 18 years of age for use in the purchase of, or attempt to purchase, any tobacco product. (11) Display or cause to be displayed or have in possession any driver's license or identification card not issued to the person for use in the purchase of, or an attempt to purchase, any alcoholic liquor, cereal malt beverage, or any tobacco product. (b) The provisions of this section shall apply to any driver's license or identification card, whether issued under the laws of Kansas, or issued under the laws of another state or jurisdiction.

Section 3-8-A-2 SPEED LIMITS.

1. Except when a special hazard exists that requires lower speed for compliance with Section 32 of the Standard Traffic Ordinance, incorporated by reference in Section 3-8-A-1of this Article , the limits specified in this Section or established as hereinafter authorized shall be maximum lawful speeds, and no person shall drive a vehicle at a speed in excess of such maximum limits, except where otherwise posted:
   1. Twenty (20) miles per hour in any business district;
   2. Twenty five (25) miles per hour in any residential district except where otherwise posted;*
      
      *See Charter Ordinance 37 in the Appendix of this Code.*
   3. Twenty (20) miles per hour in any park;
   4. As posted in all school zones between the hours of seven o'clock (7:00) A.M. and five o'clock (5:00) P.M., on regular school days as designated by the school calendar of the school within the zone; and
   5. On any separated multilane highway, as designated and posted by the secretary of transportation, seventy (70) miles per hour.
   6. On any county or township highway, fifty five (55) miles per hour.
   7. On all other highways, sixty five (65) miles per hour.
2. The maximum speed limits in this Section may be altered as authorized in K.S.A. 8-1559 and K.S.A. 8-1560, and amendments thereto.

Section 3-8-A-3 (Rep. Ord. 3873, 11/17/1994)

Section 3-8-A-4 WALKING, JOGGING AND/OR RUNNING REGULATIONS.

Any pedestrian using the public streets for walking, jogging or running during the period from one-half (1/2) hour after sunset to one-half (1/2) hour before sunrise and at any other time when there is not sufficient light to render clearly discernible pedestrians and/or vehicles on the highway and/or street at a distance of five hundred feet (500') ahead, shall be required to wear on his person some type of reflective apparel or material of sufficient size and placement so as to be visible to vehicular traffic at a distance of two hundred feet (200'). Any person convicted of violating this Section shall be punished by a fine of not more than fifty dollars ($50.00).

Section 3-8-A-5 ACCESSIBLE PARKING (PARKING FOR PERSONS WITH DISABILITIES; VIOLATIONS). (Rep. Ord. 4032, 11/7/1996)

Section 3-8-A-6 MOTOR VEHICLE LICENSE PLATES (DEALER/IN-TRANSIT).

1. It shall be unlawful for any person to use new motor vehicle dealers' or used motor vehicle dealers' plates except as follows:
   1. The licensed motor vehicle dealer and such dealer's spouse.
   2. The corporate officers of the licensed motor vehicle dealer when such corporate officers are full-time employees thereof.
   3. The sales manager and all other sales personnel when such manager and sales personnel are full-time employees thereof and are properly licensed in Kansas.
   4. The customer, when operating a motor vehicle in connection with negotiations to purchase such motor vehicle or during a demonstration of such motor vehicle.
   5. To transport or operate a vehicle to or from a licensed retail or wholesale vehicle dealer for the purpose of buying, selling or offering or attempting to negotiate a sale of the vehicle to a licensed vehicle dealer.
   6. To deliver a vehicle purchased from the wholesale vehicle dealer to a purchasing vehicle dealer.
   7. Salvage vehicle dealers, on vehicles which they have purchased for salvage, including dismantling, disassembling, or recycling.
   8. Mobile home dealers on mobile homes which they have purchased or own and are holding for resale.
   9. Lending agencies on vehicles which they have repossessed or are holding for disposition due to repossession.
   10. Trailer dealers on trailers which they have purchased or own and are holding for resale.
2. Any person violating this Section shall be punished as provided in section 201(d) of the Standard Traffic Ordinance as incorporated in Section 3-8-A-1 of this Article.

Section 3-8-A-7 PROHIBITED ACTS.

1. Prohibitions: To operate any vehicle, as defined by K.S.A. 8-1485 or any amendments thereto, on public park property, unimproved public right-of-way property, jogging trails or sidewalks, except for incidental and/or authorized use on said areas.
2. Exceptions: The prohibitions in subsection A of this Section shall not apply to use of vehicles, authorized by the property owner on or for:
   1. Public and private golf courses.
   2. Vehicles engaged in construction, maintenance or repair activities.
   3. Authorized emergency vehicles.
   4. Vehicles engaged in lawn mowing for agricultural or gardening activities.
3. Penalties: Every person convicted of any violation of the provisions of this Section, or who enters a plea of guilty or no contest to a complaint alleging such violation, shall be punished by the provisions of Section 1-1-C-3 of this Code.

Section 3-8-A-8 REGULATION OF SIZE, WEIGHT, AND LOAD OF VEHICLES.

1. 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.
2. 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.
3. 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 herein.
4. 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.
5. 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.
6. No person, association, firm, partnership, or corporation shall operate a motor vehicle or combination of 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.
7. 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.
8. 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.
9. 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 thereto, which are incorporated by reference as if set out in full herein.
10. 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 in this Section or as directed by police.
11. 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 the 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 1-1-C-3 of this Code.
12. Fine Schedule.

    1. A person who is convicted of exceeding gross weight shall be fined according to the following schedule:

       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 1 1/2 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 2 times the applicable amount from the above fine schedule. For the fourth and each succeeding violation, within two (2) years, such person, upon conviction, shall be fined 2 1/2 times the applicable amount from the above fine schedule.

Section 3-8-A-9 FEDERAL MOTOR CARRIER SAFETY REGULATIONS.

1. There is hereby incorporated by reference for the purpose of regulating traffic upon highways and streets of the City that certain standard safety regulations known as Federal Motor Carrier Safety Regulations, 2010 Administrator Edition, parts 383, 385, and 390-397, prepared and published in book form by Mangan Communications, Inc., 315 West Fourth Street, Davenport, Iowa, 52801, save and except such articles, sections, parts, or portions as are hereafter omitted, deleted, modified, or changed. No less than three (3) copies of said book shall be marked or stamped "Official Copy" as adopted by Ordinance 5177 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 the Ordinance codified herein attached thereto, and filed with the City Clerk to be open to inspection and available to the public at all reasonable hours. The Police Department, Municipal Judge, and all administrative departments of the City charged with the enforcement of these regulations shall be supplied, at the cost of the City, such number of official copies of said book as may be deemed expedient.
2. It shall be unlawful for any person to violate the provisions of the Federal Motor Carrier Safety Regulations parts 383, 385, and 390-397. The judge of the Municipal Court may, in the manner prescribed by K.S.A. 12-4305 or any amendments thereto, establish a schedule of fines for violations of any section of the Federal Motor Carrier Safety Regulations 383, 385, and 390-397. Any person who violates the provisions of the Federal Motor Carrier Safety Regulations parts 383, 385, and 390-397 shall, upon a voluntary entry of appearance and upon a plea of guilty or no contest to a complaint alleging such violation and payment of the fine and any court costs, be punished as set forth in the fine schedule. Any person who violates any provision of the Federal Motor Carrier Safety Regulations parts 383, 385, and 390-397 for which a fine is not scheduled shall, upon conviction, be punished as provided in Section 1-1-C-3 of this Code.

Section 3-8-A-10 SECTIONS REPEALED.

Sections 390.37 and 383.53 of the Federal Motor Carrier Safety Regulations, as incorporated in Section 3-8-A-9 of this Article, are hereby repealed. The following substitute provision is adopted: The court clerk is hereby directed to abstract all convictions of violations committed by persons holding a Commercial Driver's License (CDL) to the Driver's Control Bureau of the Department of Revenue. Any further action to a person's CDL as a result of the abstracted conviction will be at the discretion of the Driver's Control Bureau in accordance with state statutes and regulations.

Section 3-8-A-11 SECTION 396.9 INSPECTION OF MOTOR VEHICLES IN OPERATION. (Rep. Ord. 4786, 10/1/2005)

Section 3-8-A-12 DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS; PENALTIES. (Rep. Ord. 4418, 9/1/2001)

Section 3-8-A-13 MUTCD, PART 6, TEMPORARY TRAFFIC CONTROL.

There is hereby incorporated by reference for the purpose of regulating temporary traffic control in and around traffic work zones, Part 6, Temporary Traffic Control of the Manual on Uniform Traffic Control Devices, 2009 Edition, prepared and published in book form by the Federal Highway Administration. No less than three (3) copies of said manual shall be marked or stamped "official copy" as adopted by Ordinance No. 5143 with a copy of the Ordinance codified herein and filed with the City Clerk to be open to inspection and available to the public at all reasonable hours.

All persons and entities, whether public or private, doing work in or on public right-of-way shall comply with Part 6 of the MUTCD. Violation of this Section shall constitute a public offense and be punishable as set forth in Section 1-1-C-3 of this Code. In addition to the penalty provisions as set forth in Section 1-1-C-3, any enforcement official is authorized to immediately abate violations of this Section by closing the traffic work zone until such time as the traffic work zone is in compliance with this Section.