The Standard Traffic Ordinance as adopted is hereby modified by adding thereto the following:

       The governing body may, by resolution, establish and fix the location of such traffic control devices as may be deemed necessary to guide and warn traffic under the provisions of this chapter, other traffic ordinances and the state laws. The city shall place and maintain such traffic control signs, signals and devices when and as may be required by the authority of the governing body to make effective the provisions of this chapter and other ordinances for the regulation of traffic. Any official traffic control device placed pursuant to this section shall be marked and labeled on a map of the City of Colwich for the purpose of displaying all such traffic control devices and shall be filed with the city clerk to be open to inspection and available to the public at all reasonable hours of business.

(Code 2004)

It shall be unlawful for any firm, corporation, partnership, or individual to permit any trains, engines or cars to stand upon any street, thoroughfare or alley within the city limits for a period of time exceeding 10 minutes at any one time without leaving an opening in the travel portion of the street, thoroughfare or alley of at least 30 feet in width.

(Ord. 372, Sec. 1; Code 2004)

(a)   No person operating or occupying a motor vehicle on a street, highway, alley, parking lot, or driveway shall operate or permit the operation of any sound amplification system from within the vehicle so that the sound is plainly audible at a distance of 50 or more feet from the vehicle.

(b)   Sound amplification system means any radio, tape player, compact disc player, loudspeaker, or other electronic device used for the amplification of sound.

(c)   Plainly Audible means any sound produced by a sound amplification system from within the vehicle, which clearly can be heard at a distance of 50 feet or more. Measurement standards shall be by the auditory senses, based upon direct line of sight. Words or phrases need not be discernible and bass reverberations are included. The motor vehicle may be stopped, standing, parked or moving on a street, highway, alley, parking lot or driveway.

(d)   It is an affirmative defense to a charge under this section that the operator was not otherwise prohibited by law from operating the sound amplification system, and that any of the following apply:

(1)   The system was being operated to request medical or vehicular assistance or to warn of a hazardous road condition;

(2)   The vehicle was an emergency or public safety vehicle;

(3)   The vehicle was owned and operated by the city or a gas, electric, communications or refuse company;

(4)   The system was used for the purpose of giving instructions, directions, talks, addresses, lectures or transmitting music to any persons or assemblages of persons in compliance with ordinances of the city.

(5)   The vehicle was used in authorized public activities, such as parades, fireworks, sport events, musical productions and other activities which have the approval of the department of the city authorized to grant such approval.

(e)   Penalty. Any person, individual partnership, corporation or association who violates any of the provisions of this article shall be found guilty of a non-moving violation, and shall be fined in an amount of not less than $50.00 and not more than $500.00. Each violation shall constitute a separate offense.

(Ord. 405, Sec. 1; Code 2004)

(a)   Definitions. Recreational vehicle shall mean, a vehicle or a unit that may be independently motorized or may be mounted on or drawn by another vehicle which is primarily designed for temporary living or occasional use. Recreational vehicle includes travel trailers, camping trailers, truck, campers, converted buses, motor homes, fifth-wheelers, boats, boat trailers and unattached utility trailer.

(b)   Recreational Vehicle Parking on City Streets.

(1)   It shall be unlawful for any owner or operator of a recreational vehicle and/or utility trailer to park such vehicle or trailer on any highway or street within the corporate city limits of the City of Colwich, Kansas, for longer than a seven (7) day period for purposes of storage of such recreational vehicle.

(2)   For purposes of this section, storage is hereby defined to be neither using such vehicle for the purposes for which it was designed and/or failure to move such vehicle.

(3)   Violation of this section is punishable by a fine of not less than $25.00 nor more than $100.00.

(c)   Temporary Parking by Permit. Any owner or operator of a recreational vehicle may temporarily park such recreational vehicle on any highway or street within the city limits for a period of two weeks if such recreational vehicle is within the city limits on a temporary basis not to exceed two weeks for purposes of such owner or operator thereof visiting family or friends living within the city. In such event, the owner or operator shall apply for a permit at a cost of $10 for such temporary parking for such temporary period through the office of the city clerk, provided, however, such permit to park shall be issued only for the duration of time and for the purposes heretofore stated in this section. It shall also be unlawful for any owner or operator to apply for more than two permits per year for any one recreational vehicle.

(Ord. 407, Secs. 1,3; Ord. 428, Sec. 1; Code 2004)

(a)   Definition. The term mechanical engine brake as used herein means any device commonly known by that name or any similar device used to slow a motor vehicle by engine compression creating loud or excessive noises to be emitted through the vehicle’s exhaust system.

(b)   Use of Mechanical Engine Brakes Prohibited. It shall be unlawful for any person operating a motor vehicle within the city limits, to use a mechanical engine brake system installed in the motor vehicle.

(c)   The penalty for violation of this section shall be a fine of not less than $50.00 nor more than $100.00 per offense.

(Ord. 496, Secs. 1:2, Code 2004)

(a)   No person shall operate or attempt to operate any vehicle within the City of Colwich, Kansas after having been previously convicted of a violation of K.S.A. 8-1567, or substantially similar Federal, State, or City enactment, on two or more prior occasions, while:

(1)   The alcohol concentration in the person's blood or breath as shown by any competent evidence, including other competent evidence, as defined in paragraph (1) of Subsection (f) of K.S.A. 8-1013, and amendments thereto, is 0.08 or more;

(2)   The alcohol concentration in the person's blood or breath, as measured within two hours of the time at operating or attempting to operate a vehicle, is 0.08 or more;

(3)   Under the influence of alcohol to a degree that renders the person incapable of safely driving a vehicle;

(4)   Under the influence of any drug or combination of drugs to a degree that renders a person incapable of safely driving a vehicle; or

(5)   Under the influence of the combination of alcohol and any drug or drugs to a degree that renders the person incapable of safely driving a vehicle.

(b)   Upon conviction of a violation of this Section, a person shall be sentenced to serve up to one (1) year in the County Jail and shall be sentenced to pay a fine of up to $2,500.00. The person convicted shall not be eligible for release on probation, suspension or reduction of sentence, or parole, until the person has served at least ninety (90) days imprisonment. The ninety (90) days imprisonment mandated by this paragraph may be served in a work release program only after such person has served 48 consecutive hours imprisonment, provided such work release program requires such person to return to confinement at the end of each day in the work release program. The Court may place the person convicted under a house arrest program pursuant to K.S.A. 21-4603b and amendments thereto, to serve the remainder of the minimum sentence only after such person has served 48 consecutive hours imprisonment.

(c)   Upon a fourth or subsequent conviction herein the convicted person shall not be eligible for house arrest and shall not be eligible for work release until serving 72 consecutive hours imprisonment.

(d)   A conviction includes being convicted of a violation of this section or other substantially similar Federal, State, or City enactment and includes entering into a diversion or deferred judgment agreement in lieu of further criminal proceedings on a complaint alleging a violation of such enactment.

(Ord. 745)