As used in this article, the following words and phrases shall have the meaning respectively ascertained to them in this section, when context requires otherwise.

(a)   Special Purpose Vehicle means Work Site Utility Vehicles, Micro Utility Trucks, or Golf Carts, either individually or collectively

(b)   Work Site Utility Vehicle means any motor vehicle which is not less than 48 inches in width, has an unladen weight, including fuel and fluids, of more than 800 pounds and is equipped with four or more nonhighway 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.

(c)   Micro Utility Truck means any motor non-highway vehicle which is not less than 48 inches in width, has an overall length, including 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 enclosed cab, windshield, lights and reflectors.

(d)   Golf Cart means any motor non-highway 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.

(e)   All-Terrain Vehicle means any motor non-highway vehicle 50 inches or less in width, having a dry weight of 1,500 pounds or less, traveling on three of more non-highway tires. As used in this definition, “non-highway tire” means any pneumatic tire six inches or more in width, designed for use on wheels with a rim diameter or 14 inches or less.

(Ord. 902)

(a)   Standard Provisions for Special Purpose Vehicles; Penalty.

(1)   Any Special Purpose Vehicle operated within the corporate limits of the City of Douglass shall be equipped with at least one rearview mirror and comply with noise and muffler requirement as set forth at K.S.A. 8-1739, as may be amended.

(2)   No person shall operate a Special Purpose Vehicle on any public highway, street, road or alley within the corporate limits of the City of Douglass unless such person has a valid, unrestricted driver’s license

(3)   Every person operating a Special Purpose Vehicle on the public highways, streets, roads and alleys within the corporate limits of the City of Douglass, shall be subject to all of the duties applicable to a driver of a motor vehicle imposed by law, including Section 200 of the, STANDARD TRAFFIC ORDINANCE, then in effect, which may require liability insurance and which may be expressly made applicable herein to such Special Purpose Vehicle.

(4)   Additionally, the owner of any Special Purpose Vehicle operating in accordance with the Ordinance shall maintain liability insurance coverage in accordance with K.S.A. 40-3101 et seq.

(5)   Use of factory installed seat belts or safety harnesses is required for operator or passenger if such Special Purpose Vehicle is manufactured with such equipment.

(6)   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)   Prohibition Against All-Terrain Vehicles; Penalty.

(1)   No person shall operate an All-Terrain Vehicle on any public highway, street, road or alley within the corporate limits of the City of Douglass.

(2)   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.

(c)   Operation of Work Site Utility Vehicles; Penalty.

(1)   Work Site Utility Vehicles may be operated upon the public highways, street, roads and alleys within the corporate limits of the City of Douglass, except as follows:

(A)  Notwithstanding the foregoing provision, no Work Site Utility Vehicle shall be operated on any public highway, street, road or alley within the corporate limits of the City of Douglass unless such vehicle shall comply with the equipment requirements under the provisions of Article 17, Chapter 8 of the Kansas Statutes Annotated, and amendments thereto.

(B)  Pursuant this Section, it shall be illegal to operate a Work Site Utility Vehicle on any public highway, street, road or alley within the corporate limits of the City of Douglass unless such vehicle displays a slow-moving vehicle emblem on the rear of the vehicle in accordance with Article 17, Chapter 8 of the Kansas States Annotated, and amendments thereto.

(2)   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, then in effect. Within the discretion of the City Prosecutor, violations for non-confirming Work Site Utility Vehicles may receive diversion from prosecution if compliance hereto is documented within six months.

(d)   Operation of Micro Utility Trucks; Penalty.

(1)   Micro Utility Trucks may be operated upon the public highways, street, roads and alleys within the corporate limits of the City of Douglass, except as follows:

(A)  No Micro Utility Truck may be operated upon any public highway, street, road and alley with a posted speed limit in excess of 30 miles per hour.

(B)  No Micro Utility Truck shall be operated on any interstate highway, federal highway or state highway; provided, however, that the provisions of this subsection shall not prohibit a Micro Utility Truck from crossing an interstate highway, federal highway or state highway with a posted speed limit greater than 30 miles per hour.

(2)   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, then in effect. Within the discretion of the City Prosecutor, violations for non-conforming Micro Utility Trucks may receive diversion from prosecution if compliance hereto is documented within six months.

(e)   Operation of Golf Carts; Penalty

(1)   Golf Carts may be operated upon the public highways, street, roads and alleys within the corporate limits of the City of Douglass, except as follows:

(A)  No Golf Cart may be operated upon any public highway, street, road and alley with a posted speed limit in excess of 30 miles per hour.

(B)  No Golf Cart shall be operated on any interstate highway, federal highway or state highway; provided, however, that the provisions of this subsection shall not prohibit a Golf Cart from crossing an interstate highway, federal highway or state highway with a posted speed limit greater than 30 miles per hour.

(C)  No Golf Catt may be operated in accordance with this Section during the period the of time commencing at one hour before sunset and concluding at one hour after sunrise.

(D)  Pursuant this Section, it shall be illegal to operate a Golf Cart on any public highway, street, road or alley within the corporate limits of the City of Douglass unless such vehicle displays a slow-moving vehicle emblem on the rear of the vehicle in accordance with Article 17, Chapter 8 of the Kansas States Annotated, and amendments thereto.

(2)   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, then in effect. Within the discretion of the City Prosecutor, violations for non-conforming Golf Carts may receive diversion from prosecution if compliance hereto is documented within six months.

(f)   Roadways Laned for Traffic.

(1)   All Special Purpose Vehicles are entitled to full use of a lane, and no motor vehicle shall be driven in such a manner as to deprive any Special Purpose Vehicle of the full use of a lane.

(2)   The operator of a Special Purpose Vehicle shall not overtake and pass in the same lane occupied by the vehicle being overtaken.

(3)   No person shall operate a Special Purpose Vehicle between lanes of traffic or between adjacent lanes or rows of vehicles.

(Ord. 902)

(a)   Before operating any Special Purpose Vehicle per this article, said vehicle shall be registered with the City of Douglass and a license shall be obtained, affixed and displayed. The license fee per calendar year is $25.00 for all Special Purpose Vehicles. The full amount of the license fee shall be required regardless of the time of year that the application is made.

(b)   The Governing Body may, from time to time, adjust these license fees by resolution, within its sole discretion.

(c)   For existing licensees, license fees set forth herein, or adjusted per to the previous subsection, shall take effect upon renewal date. No adjustment in license fee shall invalidate licensure prior to renewal date.

(d)   Application for registration of a Special Purpose Vehicle shall be made by the owner, or owner’s agent, to the City Clerk. The application shall be made upon forms provided by the City of Douglass 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).

(e)   Prior to the issuance of the registration and license, each applicant for a Special Purpose Vehicle license shall designate classification of the vehicle in accordance with the definitions set forth herein. The City of Douglass shall not provide for inspection of the vehicle. If, to such extent, the applicant is unable to designate classification of the vehicle in accordance with the definitions set forth herein, said applicant may, at his or her sole effort and expense, engage qualified third-party mechanic to provide for such designation.

(f)   Registration and licensure of Special Purpose Vehicles is limited to operable vehicles in functional assemblage form. Inoperable, unusable or unworkable vehicles are not eligible for registration and licensure in the City of Douglass.

(g)   If, upon completion and submission of the registration application, and further upon 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 accounted for and then filed in the police department.

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

(i)    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.

(j)    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 $25.00, shall issue a replacement license in accordance with the provisions of this section.

(k)   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 of Douglass 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 of Douglass 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.

(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.

(6)   Any person found to be in violation of any of the provisions shall forfeit the license. The person may be eligible to obtain a new license after 12 months.

(Ord. 902)