Journal-World classified (published 09/05/2012)
ORDINANCE NO. 617
AN ORDINANCE AMENDING ARTICLE 1 OF CHAPTER XIV OF THE CODE OF THE CITY OF
BASEHOR KANSAS BY AMENDING SECTION 14-101 AND 14-102, AND ADDING NEW SECTIONS 14-103 AND 14-104, PERTAINING TO REGULATING TRAFFIC WITHIN THE CORPORATE LIMITS OF THE CITY OF BASEHOR, KANSAS; INCORPORATING BY REFERENCE THE
'STANDARD TRAFFIC ORDINANCE FOR KANSAS CITIES, 2012 EDITION,' WITH CERTAIN
AMENDMENTS AND OMISSIONS, SUCH INCORPORATION BEING AUTHORIZED BY K.S.A.
12-3009 THROUGH 12-3012 AND K.S.A. 12-3301 AND 12-3302; REPEALING EXISTING SECTION 14-101, AND OTHER SECTIONS IN CONFLICT HEREWITH
NOW, THEREFORE BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BASEHOR,
Section 1: Section 14-101 of the Code of the City of Basehor, Kansas is hereby
amended to read as follows:
ARTICLE 1. STANDARD TRAFFIC ORDINANCE
14-101 INCORPORATING STANDARD TRAFFIC ORDINANCE. There is hereby incorporated
by reference for the purpose of regulating traffic within the corporate limits of the City
of Basehor, Kansas, that certain standard traffic ordinance known as the "Standard
Traffic Ordinance for Kansas Cities", edition of 2012, prepared and published in book
form by the League of Kansas Municipalities, save and except such articles, sections,
parts or portions as are hereafter omitted, deleted, modified or changed, such incorporation being authorized by K.S.A. 12-3009 through 12-3012, inclusive, as amended.
No fewer than three copies of said Standard Traffic Ordinance shall be marked or
stamped "Official Copy as incorporated by Ordinance" 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 enforcement of the ordinance shall be supplied, at the cost of the city,
such number of official copies of such Standard Traffic Ordinance similarly marked, as
may be deemed expedient.
Section 2: Section 14-102 of the Code of the City of Basehor, Kansas is hereby
amended to read as follows:
14-102 SAME; TRAFFIC INFRACTIONS AND TRAFFIC OFFENSES.
(a) An ordinance traffic infraction is a violation of any section of this ordinance that
prescribes or requires the same behavior as that prescribed or required by a statutory
provision that is classified as a traffic infraction in K.S.A. 8-2118.
(b) All traffic infractions which are included within this ordinance, and which are not
ordinance traffic infractions, as defined in subsection (a) of this section, shall be considered traffic offenses.
Section 3: A new Section 14-103 of the Code of the City of Basehor, Kansas is hereby
adopted to read as follows:
14-103 Sec. 194. Driving While License Canceled, Suspended or Revoked; Penalty.
(a) (1) Any person who drives a motor vehicle on any street or highway at a time when
such person's privilege to do so is canceled, suspended or revoked or while such
person's privilege to obtain a driver's license is suspended or revoked, shall upon a
first conviction be punished by imprisonment for not more than six months or fined
not to exceed $1,000, or both such fine and imprisonment. On a second conviction of a
violation of this section such person shall be punished by imprisonment for not more
than one year or fined not to exceed $2,500, or both such fine and imprisonment.
(2) No person shall be convicted under this section if such person
was entitled at the time of arrest under K.S.A. 8-257 and amendments thereto, to the
return of such person's driver's license.
(3) Except as otherwise provided by subsection (a)(4), every
person convicted under this section shall be sentenced to at least five day' imprisonment and fined at least $100.00 and upon a second conviction shall not be eligible for
parole until completion of five days' imprisonment.
(4) If a person: (A) is convicted of a violation of this section,
committed while the person's privilege to drive or privilege to obtain a driver's license
was suspended or revoked for a violation of K.S.A. 8-1567, and amendments thereto, or
any ordinance of any city or resolution of any county or a law of another state, which
ordinance or law prohibits the acts prohibited by that statute; and (B) is or has been
also convicted of a violation of K.S.A. 8-1567, and amendments thereto, or of a municipal ordinance or law of another state, which ordinance or law prohibits the acts prohibited by that statute, committed while the person's privilege to drive or privilege to
obtain a driver's license was so suspended or revoked, the person shall not be eligible
for suspension of sentence, probation or parole until the person has served at least 90
days' imprisonment, and any fine imposed on such person shall be in addition to such
a term of imprisonment.
(b) For the purposes of determining whether a conviction is a first or second conviction
in sentencing under this section, conviction includes a conviction of a violation of any
ordinance of any city or resolution of any county or a law of any state which is in substantial conformity with this section.
Section 4. A new Section 14-104 of the Code of the City of Basehor, Kansas is hereby
adopted to read as follows:
14-104. The following section of the Uniform Traffic Ordinance incorporated in Section
14-101 above is hereby omitted and deleted:
Section 195.1 pertaining to Operation of a Motor Vehicle When a Habitual Violator
Section 5. This ordinance shall be construed as follows:
A. Liberal Construction. The provisions of this Ordinance shall be liberally construed
to effectively carry out its purposes which are hereby found and declared to be in furtherance of the public health, safety, welfare and convenience.
B. Savings Clause. The repeal of Ordinance sections, as provided herein below, shall
not affect any rights acquired, fines, penalties, forfeitures or liabilities incurred there
under or actions involving any of the provisions of said Ordinances or parts thereof.
Said Ordinance repealed is hereby continued in force and effect after the passage, approval and publications of this Ordinance for the purposes of such rights, fines, penalties, forfeitures, liabilities and actions therefore.
C. Invalidity. If for any reason any chapter, article, section, subsection, sentence, portion or part of this proposed Ordinance set out herein, or the application thereof to any
person or circumstances is declared to be unconstitutional or invalid, such decision
shall not affect the validity of the remaining portions of this Code or other Ordinances.
Section 6. That existing Sections 14-101 and 14-102 of the Code of the City of Basehor
are hereby repealed.
Section 7. This ordinance shall take effect and be in force from and after its publication in the official city newspaper.
PASSED by the Governing Body this 20th day of August, 2012.
APPROVED by the Mayor this 20th day of August, 2012.
/s/ David K. Breuer
David K. Breuer, Mayor
/s/ Corey Swisher
Corey Swisher, City Clerk
APPROVED AS TO FORM:
/s/ Shannon M. Marcano
Shannon M. Marcano, City Attorney