ARTICLE 5. GOLF CARTS, WORK-SITE UTILITY VEHICLES, AND MICRO UTILITY TRUCKS

The definitions used by the State of Kansas shall apply to this ordinance, to wit:

(a) Golf cart. Golf cart shall be defined as set forth at K.S.A. 8-126(jj) and amendments thereto.

(b) Work-site utility vehicle. Work site utility vehicle shall be defined as set forth at K.S.A. 8-126(hh) and amendments thereto.

(d) All-terrain vehicle. All-terrain vehicle shall be defined as set forth at K.S.A. 8-126 (bb) and amendments thereto.

(e) Pocket bike. Pocket bike shall be defined as every device having two tandem wheels, or three wheels, which may be propelled by a gasoline engine and on which the headlights are lower than 24 inches from the ground, its tailpipe is lower than 15 inches, and no vehicle identification number is located on the vehicle nor can ownership of the vehicle be registered.

(f) Motorized scooter. Motorized scooter shall be defined as a vehicle consisting of a footboard between two small end wheels, controlled by an upright steering handle attached to the front wheel, propelled by an electric or gasoline motor, and no vehicle identification number is located on the vehicle nor can ownership of the vehicle be registered.

(Ord. 1241, Sec. 1; Code 2011)

14-502. Operation of golf carts.

Golf carts may be operated upon public streets, roads, and alleys within the corporate limits of the City of Baldwin City, subject to the terms and conditions contained in this section.

(a) Subject to the terms and conditions contained in this section, golf carts may be operated on any street, road, or alleys within the corporate limits of the city that has a speed limit of 30 mph or less; however, golf carts may cross streets that have a speed limit greater than 30 mph.

(b) Golf carts shall only be operated on the streets, roads, and alleys within the corporate limits during the hours between sunrise and sunset.

(c) Golf carts operating on public streets within the city limits shall be subject to inspection by any law enforcement officer. Such inspection may include, but is not be limited to, sufficient brakes, lights/turn signal equipment, rearview mirror, and a display of “slow moving vehicle” affixed to the back of the golf cart as required by law.

(d) The operator of the golf cart must have a valid state-issued passenger vehicle driver’s license in his or her possession during operation.

(e) Every operator of a golf cart shall provide proof of liability insurance in accordance with the Standard Traffic Ordinance then in effect, and amendments thereto, and the Kansas Automobile Injury Reparations Act, K.S.A. 40-3101 et seq. and amendments thereto.

(f) No golf cart shall carry more than two (2) occupants per bench seat, including the driver. Further, the operator shall not carry any person nor shall any person ride in a position that will interfere with the operation of the golf cart.

(g) A golf cart shall not be operated nor parked upon any public sidewalk within the City.

(h) Every person operating a golf cart on the public streets, roads, and alleys of Baldwin City shall be subject to all laws, rules, and regulations governing the operation of motor vehicles within the City, and all restrictions on the operation of golf carts as set forth in the city code. Should any conflict exist between the law regulating motor vehicles and the specific requirements of golf carts as set forth herein, the terms of this ordinance shall prevail.

(Ord. 1241, Sec. 2; Code 2011)

14-503. Operation of work-site utility vehicles.

(a) Work-Site Utility Vehicle, or UTV means any vehicle designed for off-highway use which has: a width no less than 48 inches; an overall length, including the bumper, of not more than 180 inches; four or more wheels; low pressure tires; side by side seating; a steering wheel; non-straddle seating; occupant restraints, rollover protective structures, and may be equipped with a bed or cargo box for hauling materials.

(b) Every work-site utility vehicle shall be equipped with the following safety equipment that meets the equipment requirements under Article 17 of Chapter 8 of the Kansas Statutes Annotated and amendments thereto:

(1) Rear Reflector;

(2) Brakes;

(3) One functioning rear view mirror;

(4) Seat belts as installed by manufacturer.

(c) A work-site utility vehicle may be operated upon the streets, roads and alleyways within the corporate limits of the city; provided, however, that no work-site utility vehicle may be operated upon any streets, roads and alleyways with a posted speed limit in excess of 45 miles per hour. No work-site utility vehicle shall be operated on any interstate highway, federal highway or state highway; provided, however, that the provisions of this subsection shall not prohibit a work-site utility vehicle from crossing a federal or state highway with a posted speed limit greater than 45 miles per hour.

(d) No work-site utility vehicle that is not equipped with lights as required by law for motorcycles shall be operated on any streets, roads or alleyways unless such vehicle is equipped with reflectors and a slow-moving vehicle emblem as required for motor vehicles under Article 17 of Chapter 8 of the Kansas Statutes Annotated (K.S.A.), and amendments thereto.

(e) No work-site utility vehicle shall be operated on any streets, roads, or alleyways between sunset and sunrise unless equipped with head lights, brake lights, and tail lights.

(f) Every person operating a work-site utility vehicle on the streets, roads, and alleyways of the city shall be subject to all of the duties applicable to a driver of a vehicle imposed by law.

(g) No person shall operate a work-site utility vehicle on any streets, roads, or alleyways in the corporate limits of the city unless such person has attained the age of 16 (sixteen) and holds a valid driver’s license. 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.

(h) Every owner of a work-site utility vehicle, before operating said vehicle on the streets, roads, or alleyways within the corporate limits of the City of Baldwin City, shall register said vehicle with the Baldwin City Police Department and obtain a registration sticker. The registration sticker issued by the city shall be valid through December 31 for the year for which it is issued and be permanently affixed to the vehicles left rear quarter panel.

(1) Before the city will issue any annual registration license for a work-site utility vehicle, the owner of said vehicle must provide:

(A) Current valid driver’s license.

(B) Proof of liability insurance specifically listing the UTV vehicle, in accordance with the Kansas Automobile Injury Reparations Act.

(2) Revocation and Appeal: Any violation of this ordinance may be cause for revocation of the City of Baldwin City issued permit. Permits may be revoked for cause, effective immediately, by the Chief of Police with notice provided to the owner or operator in writing within a reasonable amount of time.

(3) A permit that has been revoked by the Chief of Police may be appealed to the Governing Body of the City of Baldwin City by filing a written appeal with the City Clerk within 5 (five) business days of the date of the written notice of revocation. The Governing Body may choose to hear or refuse to hear the appeal. If the Governing Body chooses to hear the appeal, they may sustain the revocation, rescind and reissue the permit or reissue a permit with restrictions.

(i) It shall be illegal for any person to operate a work-site utility vehicle on any streets, roads, or alleyways with more passengers than the work-site utility vehicle is designed to seat and all persons are required to wear seatbelts if the vehicle is so equipped.

(j) Unless specifically provided herein, 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 Article 20, Section 201, Standard Traffic Ordinance, and amendments thereto, or such other similar provisions as the city may then have in effect.

(Ord. 1241, Sec. 3; Code 2011; Ord. 1451)

14-504. Operation of all-terrain vehicles, pocket bikes, and motorized scooters.

The operation of all-terrain vehicles, pocket bikes, and motorized scooters on the streets, roads, and alleys within the corporate limits of the City of Baldwin City is prohibited.

(Ord. 1241, Sec. 4; Code 2011)

14-505. Violations; traffic infraction; penalties.

A violation of this article shall be deemed a traffic infraction. Upon an entry or plea of guilty or no contest, or upon being found guilty of a violation hereof, the penalty imposed shall be in accordance with the penalty section of the Standard Traffic Ordinance then in effect for the City of Baldwin City.

(Ord. 1241, Sec. 5; Code 2011)

14-506. Operation of micro utility truck.

(a) Micro utility truck means any motor vehicle which is not less than 48 inches in width, has an overall length, including the bumper, of not more than 144 inches, has an unloaded weight, including fuel and fluids, of more than 1,500 pounds, can exceed 40 miles per hour as originally manufactured, and is manufactured with a metal cab.

(b) Every micro utility truck shall be equipped with the following safety equipment that meets the equipment requirements under Article 17 of Chapter 8 of the Kansas Statutes Annotated and amendments thereto:

(1) Stop lamps

(2) Tail lamps

(3) Rear Reflector

(4) Brakes

(5) Horn or warning device

(6) Mirror on left side of the vehicle

(7) Mirror on the right side of vehicle or an inside rearview mirror

(8) Seat belt with shoulder restraint

(9) Roll bar (Manufactured)

(c) A micro utility truck may be operated upon the streets, roads and alleyways within the corporate limits of the city; provided, however, that no micro utility truck may be operated upon any streets, roads and alleyways with a posted speed limit in excess of 45 miles per hour. 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 a federal or state highway with a posted speed limit greater than 45 miles per hour.

(d) No micro utility truck that is not equipped with lights as required by law for motorcycles shall be operated on any streets, roads, or alleyways unless such vehicle is equipped with reflectors and a slow-moving vehicle emblem as required for motor vehicles under Article 17 of Chapter 8 of the Kansas Statutes Annotated (KS.A), and amendment thereto.

(e) No micro utility truck shall be operated on any streets, roads, or alleyways between sunset and sunrise unless equipped with head lights and tail lights.

(f) Every person operating a micro utility truck on the streets, roads, and alleyways of the city shall be subject to all of the duties applicable to a driver of a vehicle imposed by law.

(g) No person shall operate a micro utility truck on any streets, roads, or alleyways in the corporate limits of the city unless such person has attained the age of 16 (sixteen) and holds a valid driver’s license. 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.

(h) Every owner of a micro utility truck, before operating said vehicle on the streets, roads, or alleyways within the corporate limits of the City of Baldwin City, shall register said vehicle with the Baldwin City Police Department and obtain a registration sticker. The registration sticker issued by the city shall be valid through December 31 for the year for which it is issued and be permanently affixed to the vehicles left rear quarter panel.

(1) Before the city will issue any annual registration license for a micro utility truck, the owner of said vehicle must provide:

(A) Current valid driver’s license.

(B) Proof of liability insurance specifically listing the micro utility truck, in accordance with the Kansas Automobile Injury Reparations Act.

(3) A permit that has been revoked by the Chief of Police may be appealed to the Governing Body of the City of Baldwin City by filing a written appeal with the City Clerk within 5 (five) business days of the date of the written notice of revocation. The Governing Body may choose to hear or refuse to hear the appeal. If the Governing Body chooses to hear the appeal, they may sustain the revocation, rescind and re issue the permit or reissue a permit with restrictions.

(i) It shall be illegal for any person to operate a micro utility truck on any streets, roads, or alleyways with more passengers than the micro utility truck is designed to seat and all persons are required to wear seatbelts.

(Ord. 1451)