Baldwin City Signal Public Notices
(Published in the Baldwin City Signal, Thursday, February 4, 2010)
ORDINANCE NO. 1242
AN ORDINANCE ADOPTING PORTIONS OF THE FEDERAL MOTOR CARRIER SAFETY REGULATIONS; AMENDING PROVISIONS REGARDING INSPECTION OF MOTOR VEHICLES; PROVIDING SPECIFIC EXCEPTIONS; PROVIDING FOR THE CONFLICT OF LAWS; PROVIDING FOR PENALTIES; REPEALING ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of Baldwin City, Kansas wishes to institute motor carrier safety regulations and provide for inspections and penalties as applied to motor carriers traveling within the corporate limits of the City; and
WHEREAS, the Federal Motor Carrier Safety Regulations provide a uniform framework for instituting and enforcing motor carrier safety regulations; and
WHEREAS, the adoption of certain portions of said regulations will improve the safety and longevity of public streets and roads within the City.
NOW, THEREFORE, BE IT ORDAINED by the Governing Body of the City of Baldwin City, Kansas that:
Section 1. Federal Motor Carrier Safety Regulations incorporated. The following portions of the Federal Motor Carrier Safety Regulations, promulgated by the Federal Motor Carrier Safety Administration, as prepared and published in book form by J.J. Keller & Associates, In., 3003 W. Breezeway Lane, P.O. Box 368, Neenah, Wisconsin 54957-0368 (or subsequent publisher) are hereby incorporated by reference and made part of this article except for those articles, sections or parts that are explicitly omitted, changed or added by other sections of this article:
Part Adopted Subparts and Sections
383 383.5
383.21
383.37
383.51(a)(1) & (2)
Subpart F in its entirety
390 All
391 Subpart A in its entirety
Subpart B in its entirety
Subpart E in its entirety
Subpart G in its entirety
392 All
393 All
395 All
396 All
Section 2. Marked Copies of Regulations on File. There shall be at least one copy of the regulations adopted by reference kept on file in the office of the City Clerk, to which will be attached a copy of the incorporating ordinance. Any such copy or copies will be marked or stamped "Official Copy as incorporated by City Ordinance" with all sections or portions of sections intended or amended clearly marked to show the deletion or the change. Such copy or copies shall be made available to the public upon request for inspection at all reasonable hours. The municipal judge, police department, city attorney, and all administrative departments of the City of Baldwin City charged with the enforcement of this ordinance shall be supplied with copies of such regulations.
Section 3. Section 396.9 Amended - Inspection of Motor Vehicles. Section 396.9 of the Federal Motor Carrier Safety Regulations, referenced above, entitled "Inspection of Motor Vehicles" is amended for local enforcement as follows:
(a) Personnel authorized to perform inspections. Inspections of motor carriers' vehicles in operation shall be conducted by Commercial Vehicle Safety Alliance (CVSA) certified police officers, and such officers shall have the authority to enter upon and perform inspections of such vehicles.
(b) Prescribed inspection report. A driver/vehicle examination report shall be used to record the results of motor vehicle inspections conducted by authorized City of Baldwin City police officers.
(c) Motor vehicles declared "out of service".
(1) Authorized personnel shall declare and mark "out of service" any vehicle which by reason of its mechanical condition or loading would likely cause an accident or a breakdown. An "Out of Service Vehicle" sticker shall be used to mark vehicles "out of service".
(2) No motor carrier shall require or permit any person to operate nor shall any person operate any motor vehicle declared and marked "out of service" until all repairs required by the "out of service notice" have been satisfactorily completed. The term "operate" as used in this section shall include towing the vehicle, except that vehicles marked "out of service" may be towed away by means of a vehicle using a crane or hoist. A vehicle combination consisting of the emergency towing vehicle and an "out of service" vehicle shall not be operated unless such combination meets the performance requirements of this subchapter, except those conditions noted on the Driver Equipment Compliance Check.
(3) No person shall remove the "Out of Service Vehicle" sticker from any motor vehicle prior to the completion of all repairs required by the "out of service notice".
(d) Motor carrier disposition.
(1) The driver of any vehicle receiving an inspection report shall deliver it to the motor carrier operating the vehicle upon his arrival at the next terminal or facility. If the driver is not scheduled to arrive at a terminal or facility of the motor carrier operating the vehicle within 24 hours, the driver shall immediately mail the report to the motor carrier.
(2) Motor carriers shall examine the report. Violations or defects noted thereon shall be corrected.
(3) Within 15 days following the date of the inspection, the motor carrier shall:
(A) Certify that all violations noted have been corrected by completing the "Signature of Carrier Official, Title and Date Signed" portions of the form; and
(B) Return the complete roadside inspection form to the issuing agency at the address indicated on the form and retain a copy at the motor carrier's principal place of business or where the vehicle is housed for 12 months from the date of inspection.
Section 4. Exceptions to the Motor Carrier Safety Act. The rules and regulations adopted pursuant to this ordinance shall not apply to the following while engaged in the carriage of intrastate commerce within the State of Kansas:
(a) The owner of livestock or producer of farm products transporting livestock of such owner or farm products of such producer to market in a motor vehicle of such owner or producer, or the motor vehicle of a neighbor on the basis of barter or exchanged for service or employment, or to such owner or producer transporting supplies for the use of such owner or producer, or in the motor vehicle of a neighbor on the basis of barter or exchange for service or employment.
(b) The transportation of children to and from school, or to motor vehicles owned by schools, colleges and universities, religious or charitable organizations and institutions, or governmental agencies when used in repair, building or construction work, not having been sold or being transported for the purpose of sale, except vehicles transporting hazardous materials which require placards.
(c) Certain vehicles weighing less than 26,000 pounds:
(1) Except for motor vehicles under subparagraph (2), motor vehicles, with a gross vehicle weight rating of 26,000 pounds or less, carrying tools, property or material belonging to the owner of the vehicle, and used in repair, building or construction work, not having been sold or transported for the purpose of sale, except vehicles transporting hazardous materials which require placards.
(2) Except vehicles transporting hazardous materials which require placards, motor vehicles, with a gross vehicle weight rating of 26,000 pounds or less, carrying tools, property or material belonging to the owner of the vehicle and used in repair, building or construction work and such tools, property or material are being transported to or from an active construction site located within a radius of 25 miles of the principal place of business of the motor carrier.
(d) Persons operating motor vehicles which have an ad valorem tax situs in and are registered in the State of Kansas, and used only to transport grain from the producer to an elevator or other place for storage or sale for a distance of not to exceed 50 miles.
(e) The operation of hearses, funeral coaches, funeral cars or ambulances by motor carriers.
(f) Motor vehicles owned by the United States, the District of Columbia, any state, any municipality or any other political subdivisions of this state.
(g) Any motor vehicle with a normal seating capacity of not more than the driver and 15 passengers when used for vanpooling or otherwise not for profit in transporting persons who, as a joint undertaking, bear or agree to bear all the costs of such operations, or motor vehicles with a normal seating capacity of not more than the driver and 15 passengers for not-for-profit transportation by one or more employers of employees to and from the factories, plants, officers, institutions, construction sites or other places of like nature where such persons are employed or accustomed to work.
(h) Motor vehicles used to transport water for domestic purposes, as defined by subsection (c) of K.S.A. 82a-701, and amendments thereto, or livestock consumption.
(i) The operation of vehicles used for servicing, repairing, or transporting of implements of husbandry, as defined in K.S.A. 8-1427, and amendments thereto, by a person actively engaged in the business of buying, selling, or exchanging implements of husbandry, if such operation is within 100 miles of such person's established place of business in this state, unless the implement of husbandry is transported on a commercial motor vehicle.
Section 5. Prohibitions extended to intrastate commerce.
(a) For the purposes of this ordinance, including all regulations incorporated by reference, the term "commerce" shall mean:
(1) Any trade, traffic or transportation that takes place within the State of Kansas, or within the jurisdiction of the United States between a place in a State and a place outside of such State, including a place outside of the United States.
(2) Trade, traffic, and transportation in the United States which affects any trade, traffic, and transportation within subparagraph (1) of this definition.
(3) Any other conflicting definitions of commerce contained in the incorporated regulations shall be without force or effect.
(b) The definition of "commercial motor carrier" set forth in § 390.5 of the incorporated Federal Motor Carrier Safety Regulations is amended to read as follows:
(1) Commercial motor vehicle means any self-propelled or towed motor vehicle used on a highway in interstate commerce or intrastate commerce within the State of Kansas to transport passengers or property when the vehicle:
(A) Has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, of 4,536 kg (10,001 pounds) or more, whichever is greater; or
(B) Is designed or used to transport more than 8 passengers (including the driver) for compensation; or
(C) Is designed or used to transport more than 15 passengers (including the driver) and is not used to transport passengers for compensation; or
(D) Is used in transporting material found by the United States. Secretary of Transportation to be hazardous under 49 U.S.C. 5103 and transported in a quantity requiring placarding under regulations prescribed by the Secretary under 49 C.F.R. subtitle B, chapter I, subchapter C.
(c) It is the legislative intent of this ordinance to apply the requirements and prohibitions of the Federal Motor carrier Safety Regulations incorporated by reference to all commerce, both interstate and intrastate within the State of Kansas, unless specifically provided otherwise.
Section 6. Conflict of Laws; Exception to this Ordinance. The provisions of the Federal Motor Carrier Safety Regulations incorporated by reference in this ordinance shall not apply when their application would conflict with the Kansas Statutes, and amendments thereto, or other ordinances of the City of Baldwin City, and amendments thereto. This ordinance shall not be interpreted to permit any actions or activities otherwise illegal under Kansas law or the ordinances of the City of Baldwin City, and in the event that otherwise illegal actions or activities would be permitted under this ordinance, or would be punished less stringently under this ordinance, those acts shall be excepted from the prohibitions of this ordinance. If this ordinance merely goes further in its prohibitions than the above referenced Kansas Statutes or ordinances of the City of Baldwin City, no conflict shall exist for the purposes of this section.
Section 7. Penalty.
(a) It is unlawful for any person to violate any of the provisions of this ordinance, including all provisions incorporated by reference.
(b) Upon conviction of a violation of any provision of this ordinance, the offender shall be sentenced to pay a fine in an amount not to exceed $500, or to serve a term of imprisonment not to exceed six months, or both. In the case of continuing violations, each day that a violation continues shall constitute a separate offense.
(c) The municipal judge may, at his or her discretion, establish a schedule of fines for violations of this ordinance. Such fines shall be imposed upon a voluntary entry of appearance and plea of guilty or no contest to a complaint alleging such violation. Any such fine so established shall be not less than seventy-five ($75.00) dollars.
Section 8. The provisions of this ordinance are Local Traffic Regulations intended to supplement and amend as necessary the Standard Traffic Ordinance in effect for the City of Baldwin City. As such, all ordinances or parts of ordinances in conflict with the provisions herein shall be repealed to the extent required to resolve such conflict.
Section 9. Severability. If any portion of this ordinance is declared invalid for any reason, such invalidity shall not affect the remaining portions of this ordinance. To this end, the provisions of this ordinance are declared severable.
Section 10. Effective Date. This ordinance shall be effective upon its passage and publication in the official city newspaper as required by law.
PASSED, APPROVED AND ADOPTED by the governing body of the City of Baldwin City, Kansas, this 19th day of January, 2010.
APPROVED:
/s/ Ken Wagner
Ken Wagner, Mayor
ATTEST:
/s/ Darcy Higgins
Darcy Higgins, City Clerk
APPROVED AS TO FORM:
/s/ Matt Hoy
Matt Hoy, City Attorney
_______
ORDINANCE NO. 1242
AN ORDINANCE ADOPTING PORTIONS OF THE FEDERAL MOTOR CARRIER SAFETY REGULATIONS; AMENDING PROVISIONS REGARDING INSPECTION OF MOTOR VEHICLES; PROVIDING SPECIFIC EXCEPTIONS; PROVIDING FOR THE CONFLICT OF LAWS; PROVIDING FOR PENALTIES; REPEALING ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of Baldwin City, Kansas wishes to institute motor carrier safety regulations and provide for inspections and penalties as applied to motor carriers traveling within the corporate limits of the City; and
WHEREAS, the Federal Motor Carrier Safety Regulations provide a uniform framework for instituting and enforcing motor carrier safety regulations; and
WHEREAS, the adoption of certain portions of said regulations will improve the safety and longevity of public streets and roads within the City.
NOW, THEREFORE, BE IT ORDAINED by the Governing Body of the City of Baldwin City, Kansas that:
Section 1. Federal Motor Carrier Safety Regulations incorporated. The following portions of the Federal Motor Carrier Safety Regulations, promulgated by the Federal Motor Carrier Safety Administration, as prepared and published in book form by J.J. Keller & Associates, In., 3003 W. Breezeway Lane, P.O. Box 368, Neenah, Wisconsin 54957-0368 (or subsequent publisher) are hereby incorporated by reference and made part of this article except for those articles, sections or parts that are explicitly omitted, changed or added by other sections of this article:
Part Adopted Subparts and Sections
383 383.5
383.21
383.37
383.51(a)(1) & (2)
Subpart F in its entirety
390 All
391 Subpart A in its entirety
Subpart B in its entirety
Subpart E in its entirety
Subpart G in its entirety
392 All
393 All
395 All
396 All
Section 2. Marked Copies of Regulations on File. There shall be at least one copy of the regulations adopted by reference kept on file in the office of the City Clerk, to which will be attached a copy of the incorporating ordinance. Any such copy or copies will be marked or stamped "Official Copy as incorporated by City Ordinance" with all sections or portions of sections intended or amended clearly marked to show the deletion or the change. Such copy or copies shall be made available to the public upon request for inspection at all reasonable hours. The municipal judge, police department, city attorney, and all administrative departments of the City of Baldwin City charged with the enforcement of this ordinance shall be supplied with copies of such regulations.
Section 3. Section 396.9 Amended - Inspection of Motor Vehicles. Section 396.9 of the Federal Motor Carrier Safety Regulations, referenced above, entitled "Inspection of Motor Vehicles" is amended for local enforcement as follows:
(a) Personnel authorized to perform inspections. Inspections of motor carriers' vehicles in operation shall be conducted by Commercial Vehicle Safety Alliance (CVSA) certified police officers, and such officers shall have the authority to enter upon and perform inspections of such vehicles.
(b) Prescribed inspection report. A driver/vehicle examination report shall be used to record the results of motor vehicle inspections conducted by authorized City of Baldwin City police officers.
(c) Motor vehicles declared "out of service".
(1) Authorized personnel shall declare and mark "out of service" any vehicle which by reason of its mechanical condition or loading would likely cause an accident or a breakdown. An "Out of Service Vehicle" sticker shall be used to mark vehicles "out of service".
(2) No motor carrier shall require or permit any person to operate nor shall any person operate any motor vehicle declared and marked "out of service" until all repairs required by the "out of service notice" have been satisfactorily completed. The term "operate" as used in this section shall include towing the vehicle, except that vehicles marked "out of service" may be towed away by means of a vehicle using a crane or hoist. A vehicle combination consisting of the emergency towing vehicle and an "out of service" vehicle shall not be operated unless such combination meets the performance requirements of this subchapter, except those conditions noted on the Driver Equipment Compliance Check.
(3) No person shall remove the "Out of Service Vehicle" sticker from any motor vehicle prior to the completion of all repairs required by the "out of service notice".
(d) Motor carrier disposition.
(1) The driver of any vehicle receiving an inspection report shall deliver it to the motor carrier operating the vehicle upon his arrival at the next terminal or facility. If the driver is not scheduled to arrive at a terminal or facility of the motor carrier operating the vehicle within 24 hours, the driver shall immediately mail the report to the motor carrier.
(2) Motor carriers shall examine the report. Violations or defects noted thereon shall be corrected.
(3) Within 15 days following the date of the inspection, the motor carrier shall:
(A) Certify that all violations noted have been corrected by completing the "Signature of Carrier Official, Title and Date Signed" portions of the form; and
(B) Return the complete roadside inspection form to the issuing agency at the address indicated on the form and retain a copy at the motor carrier's principal place of business or where the vehicle is housed for 12 months from the date of inspection.
Section 4. Exceptions to the Motor Carrier Safety Act. The rules and regulations adopted pursuant to this ordinance shall not apply to the following while engaged in the carriage of intrastate commerce within the State of Kansas:
(a) The owner of livestock or producer of farm products transporting livestock of such owner or farm products of such producer to market in a motor vehicle of such owner or producer, or the motor vehicle of a neighbor on the basis of barter or exchanged for service or employment, or to such owner or producer transporting supplies for the use of such owner or producer, or in the motor vehicle of a neighbor on the basis of barter or exchange for service or employment.
(b) The transportation of children to and from school, or to motor vehicles owned by schools, colleges and universities, religious or charitable organizations and institutions, or governmental agencies when used in repair, building or construction work, not having been sold or being transported for the purpose of sale, except vehicles transporting hazardous materials which require placards.
(c) Certain vehicles weighing less than 26,000 pounds:
(1) Except for motor vehicles under subparagraph (2), motor vehicles, with a gross vehicle weight rating of 26,000 pounds or less, carrying tools, property or material belonging to the owner of the vehicle, and used in repair, building or construction work, not having been sold or transported for the purpose of sale, except vehicles transporting hazardous materials which require placards.
(2) Except vehicles transporting hazardous materials which require placards, motor vehicles, with a gross vehicle weight rating of 26,000 pounds or less, carrying tools, property or material belonging to the owner of the vehicle and used in repair, building or construction work and such tools, property or material are being transported to or from an active construction site located within a radius of 25 miles of the principal place of business of the motor carrier.
(d) Persons operating motor vehicles which have an ad valorem tax situs in and are registered in the State of Kansas, and used only to transport grain from the producer to an elevator or other place for storage or sale for a distance of not to exceed 50 miles.
(e) The operation of hearses, funeral coaches, funeral cars or ambulances by motor carriers.
(f) Motor vehicles owned by the United States, the District of Columbia, any state, any municipality or any other political subdivisions of this state.
(g) Any motor vehicle with a normal seating capacity of not more than the driver and 15 passengers when used for vanpooling or otherwise not for profit in transporting persons who, as a joint undertaking, bear or agree to bear all the costs of such operations, or motor vehicles with a normal seating capacity of not more than the driver and 15 passengers for not-for-profit transportation by one or more employers of employees to and from the factories, plants, officers, institutions, construction sites or other places of like nature where such persons are employed or accustomed to work.
(h) Motor vehicles used to transport water for domestic purposes, as defined by subsection (c) of K.S.A. 82a-701, and amendments thereto, or livestock consumption.
(i) The operation of vehicles used for servicing, repairing, or transporting of implements of husbandry, as defined in K.S.A. 8-1427, and amendments thereto, by a person actively engaged in the business of buying, selling, or exchanging implements of husbandry, if such operation is within 100 miles of such person's established place of business in this state, unless the implement of husbandry is transported on a commercial motor vehicle.
Section 5. Prohibitions extended to intrastate commerce.
(a) For the purposes of this ordinance, including all regulations incorporated by reference, the term "commerce" shall mean:
(1) Any trade, traffic or transportation that takes place within the State of Kansas, or within the jurisdiction of the United States between a place in a State and a place outside of such State, including a place outside of the United States.
(2) Trade, traffic, and transportation in the United States which affects any trade, traffic, and transportation within subparagraph (1) of this definition.
(3) Any other conflicting definitions of commerce contained in the incorporated regulations shall be without force or effect.
(b) The definition of "commercial motor carrier" set forth in § 390.5 of the incorporated Federal Motor Carrier Safety Regulations is amended to read as follows:
(1) Commercial motor vehicle means any self-propelled or towed motor vehicle used on a highway in interstate commerce or intrastate commerce within the State of Kansas to transport passengers or property when the vehicle:
(A) Has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, of 4,536 kg (10,001 pounds) or more, whichever is greater; or
(B) Is designed or used to transport more than 8 passengers (including the driver) for compensation; or
(C) Is designed or used to transport more than 15 passengers (including the driver) and is not used to transport passengers for compensation; or
(D) Is used in transporting material found by the United States. Secretary of Transportation to be hazardous under 49 U.S.C. 5103 and transported in a quantity requiring placarding under regulations prescribed by the Secretary under 49 C.F.R. subtitle B, chapter I, subchapter C.
(c) It is the legislative intent of this ordinance to apply the requirements and prohibitions of the Federal Motor carrier Safety Regulations incorporated by reference to all commerce, both interstate and intrastate within the State of Kansas, unless specifically provided otherwise.
Section 6. Conflict of Laws; Exception to this Ordinance. The provisions of the Federal Motor Carrier Safety Regulations incorporated by reference in this ordinance shall not apply when their application would conflict with the Kansas Statutes, and amendments thereto, or other ordinances of the City of Baldwin City, and amendments thereto. This ordinance shall not be interpreted to permit any actions or activities otherwise illegal under Kansas law or the ordinances of the City of Baldwin City, and in the event that otherwise illegal actions or activities would be permitted under this ordinance, or would be punished less stringently under this ordinance, those acts shall be excepted from the prohibitions of this ordinance. If this ordinance merely goes further in its prohibitions than the above referenced Kansas Statutes or ordinances of the City of Baldwin City, no conflict shall exist for the purposes of this section.
Section 7. Penalty.
(a) It is unlawful for any person to violate any of the provisions of this ordinance, including all provisions incorporated by reference.
(b) Upon conviction of a violation of any provision of this ordinance, the offender shall be sentenced to pay a fine in an amount not to exceed $500, or to serve a term of imprisonment not to exceed six months, or both. In the case of continuing violations, each day that a violation continues shall constitute a separate offense.
(c) The municipal judge may, at his or her discretion, establish a schedule of fines for violations of this ordinance. Such fines shall be imposed upon a voluntary entry of appearance and plea of guilty or no contest to a complaint alleging such violation. Any such fine so established shall be not less than seventy-five ($75.00) dollars.
Section 8. The provisions of this ordinance are Local Traffic Regulations intended to supplement and amend as necessary the Standard Traffic Ordinance in effect for the City of Baldwin City. As such, all ordinances or parts of ordinances in conflict with the provisions herein shall be repealed to the extent required to resolve such conflict.
Section 9. Severability. If any portion of this ordinance is declared invalid for any reason, such invalidity shall not affect the remaining portions of this ordinance. To this end, the provisions of this ordinance are declared severable.
Section 10. Effective Date. This ordinance shall be effective upon its passage and publication in the official city newspaper as required by law.
PASSED, APPROVED AND ADOPTED by the governing body of the City of Baldwin City, Kansas, this 19th day of January, 2010.
APPROVED:
/s/ Ken Wagner
Ken Wagner, Mayor
ATTEST:
/s/ Darcy Higgins
Darcy Higgins, City Clerk
APPROVED AS TO FORM:
/s/ Matt Hoy
Matt Hoy, City Attorney
_______
(Published in the Baldwin City Signal, Thursday, February 4, 2010)
ORDINANCE NO. 1243
AN ORDINANCE ADOPTING WEIGHT AND SIZE RESTRICTIONS FOR VEHICLES TRAVELING IN THE CORPORATE LIMITS OF THE CITY OF BALDWIN CITY; REPEALING ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of Baldwin City, Kansas, wishes to enforce weight and size restrictions on motor vehicles traveling within the corporate limits of the City; and
WHEREAS, the adoption of regulations regarding overweight and oversized vehicles will improve the safety and longevity of public streets and roads within the City.
NOW, THEREFORE, BE IT ORDAINED by the Governing Body of the City of Baldwin City, Kansas, that:
Section 1. Definitions. The words and phrases used in this ordinance shall have meanings identical to those ascribed to those words and phrases by Section 1 of the Standard Traffic Ordinance as incorporated by Section 14-101 of the Code of the City of Baldwin City Kansas, and amendments thereto.
Section 2. Violation of Size and Weight Laws: Exceptions.
(a) It shall be unlawful for any person to drive or move or for the owner or lessee to cause or knowingly permit to be driven or moved on any highway any vehicle or combination of vehicles of a size or weight exceeding the limitations stated in this ordinance, or to otherwise fail to comply with this ordinance.
(b) Any person violating any of the provisions of this ordinance, except for the provisions of Section 7 of this ordinance, and amendments thereto, and Section 8 of this ordinance, and amendments thereto, shall be fined in an amount not to exceed five hundred ($500.00) dollars.
(c) Any person convicted of violating any of the provisions of Section 7 of this ordinance, and amendments thereto, and Section 8 of this ordinance, and amendments thereto, shall be fined pursuant to the following schedule:
Pounds Overweight Amount of Fine
up to 1000 $40.00
1001 to 2000 $0.04 per pound overweight
2001 to 5000 $0.06 per pound overweight
5001 to 7500 $0.08 per pound overweight
7501 or more $0.11 per pound overweight
For a second violation of Section 7 or Section 8 of this ordinance, and amendments thereto, within two years of a prior conviction, such person, upon conviction shall be fined 1 ½ times the above scheduled amount. For a third violation of Section 7 or Section 8 of this ordinance, and amendments thereto, within two years, such person shall be fined two times the above scheduled amount. For a fourth or succeeding violation of Section 7 or Section 8 of this ordinance, and amendments thereto, within two years, such person shall be fined 2 ½ times the above scheduled amount.
(d) Except as otherwise specified in this ordinance, the provisions of this ordinance shall not apply to fire apparatus, road machinery, farm tractors or to implements of husbandry temporarily moved upon a highway, or to a vehicle operated under the terms of a currently valid special permit issued in accordance with K.S.A. 8-1911 and amendments thereto.
(e) Except on highways designated as part of the national system of interstate defense highways, the gross weight limitation prescribed by this article on any axle or tandem, triple, or quad axles shall not apply to:
(1) Trucks or solid waste disposal operations when loaded with garbage, refuse or waste; or
(2) Trucks mounted with a fertilizer spreader used or manufactured principally to spread animal dung, except that this paragraph (2) shall not apply to truck tractors so equipped. Except that such trucks under this subsection shall not exceed the maximum gross weight limitations contained in the table in Section 8 of this ordinance, and amendments thereto.
(f) As used in this section, "conviction" means a final conviction without regard to whether sentence was suspended or probation granted after such conviction, and a forfeiture of bail, bond or collateral deposited to secure a defendant's appearance in court, which forfeiture has not been vacated, is equivalent to a conviction.
Section 3. Widths and Loads of Vehicles.
(a) The total outside width of any vehicle or the load thereon shall not exceed 8 ½ feet, except as otherwise provided in this section.
(b) A farm tractor or fertilizer dispensing machine shall not be permitted to travel on any highway which is a part of the national system of interstate and defense highways. Whenever a farm tractor or implement of husbandry, and any load on any such vehicle, exceeds the width limitations prescribed by this section to the extent that the width of such vehicle, including any load thereon, exceeds the width of that portion of a roadway on which such vehicle is driven, which is marked as a single lane of traffic, or, if such roadway has not been marked for lanes of traffic, the width of such vehicle exceeds more than ½ the width of such roadway, the driver shall move such vehicle as soon as possible as far to the right side of the highway as is practicable and safe upon the approach of any oncoming or following vehicle and upon approaching the crest of a hill.
(c) Safety and other devices designated by the Kansas Secretary of Transportation may lawfully extend out on either side of the vehicle.
(d) Vehicles loaded with bales of hay.
(1) A vehicle may be loaded with bales of hay which shal not exceed 12 feet in width and a height as authorized by Section 5 of this ordinance, and amendments thereto, but vehicles so loaded shall not be moved on any highway designated as part of the national network of highways, except as permitted under subsection (j) of K.S.A. 8-1911, and amendments thereto, or under paragraph (2) of this subsection.
(2) A farm vehicle may be loaded with bales of hay which shall not exceed 12 feet in width and a height as authorized by Section 5 of this ordinance, and amendments thereto, but vehicles so loaded shall not be moved on any highway designated as a part of the national system of interstate and defense highways, except as permitted under subsection (j) of K.S.A. 8-1911, and amendments thereto. As used in this paragraph "farm vehicle" means a truck or truck tractor registered under K.S.A. 8-143, and amendments thereto, as a farm truck or truck tractor. Such farm truck or truck tractor may be used in combination with any type of trailer or semitrailer.
(3) Any such vehicles under paragraphs (1) or (2) so loaded shall not be moved during the period beginning 30 minutes after sunset and ending 30 minutes before sunrise. Any vehicle loaded with bales of hay as authorized by the exception in this subsection, with the load extending beyond 8 ½ feet, shall have attached thereto a sign which states "OVERSIZE LOAD" and the dimensions of the sign shall be a minimum of seven feet long and 18 inches high. Letters shall be a minimum of 10 inches high with a brush stroke of not less than 1 2/5 inches. The sign shall be readily visible from a distance of 500 feet and shall be removed when the vehicle or load does not exceed the legal width. Each vehicle shall be equipped with red flags on all for corners of the oversize load.
(e) A motor home or travel trailer may exceed 102 inches, if such excess width is attributable to an appurtenance that extends no more than six inches beyond the body of the vehicle, except that in no case shall such motor home or travel trailer exceed a total width of 108 inches. The term "appurtenance" shall not include any item that is temporarily affixed or attached to the exterior of a motor home or travel trailer by the owner of such motor home or travel trailer for the purposes of transporting from one location to another. For the purposes of this subsection the term "appurtenance" shall include:
(1) An awning and its support hardware; and
(2) Any appendage that is intended to be an integral part of a motor home or travel trailer coach and that is installed by the manufacturer or dealer.
Section 4. Loads on Passenger Vehicles Extending to Either Side. No passenger-type vehicle shall be operated on any highway with any load carried thereon extending beyond the left side of such vehicle nor extending more than six (6) inches beyond the right side thereof.
Section 5. Height and Length of Vehicles and Loads; Exceptions to maximums.
(a) No vehicle including any load thereon shall exceed a height of 14 feet, except that a vehicle transporting cylindrically shaped bales of hay as authorized by subsection (e) of Section 3 of this ordinance, and amendments thereto, may be loaded with such bales secured to a height not exceeding 14 ½ feet. Should a vehicle so loaded with bales strike any overpass or other obstacle, the operator of the vehicle shall be liable for all resulting damages.
(b) No motor vehicle including the load thereon shall exceed a length of 45 feet extreme overall dimension, excluding the front and rear bumpers, except as provided in subsection (d).
(c) Except as otherwise provided in K.S.A. 8-1914 and 8-1915, and amendments thereto, and subsections (d), (e), (f), (g), and (h), no combination of vehicles coupled together shall exceed a total length of 65 feet.
(d) The length limitations in subsection (b) shall not apply to a truck tractor. No semitrailer that is being operated in combination with a truck tractor shall exceed 59 ½ feet in length. No semitrailer or trailer which is being operated in a combination consisting of a truck tractor, semitrailer and trailer shall exceed 28 ½ feet in length.
(e) The limitations in this section governing maximum length of a semitrailer or trailer shall not apply to vehicles operating in the daytime when transporting poles, pipe, machinery or other objects of a structural nature which cannot readily be dismembered, except that it shall be unlawful to operate any such vehicle or combination of vehicles which exceeds a total length of 85 feet unless a special permit for such operation has been issued by the Kansas Secretary of Transportation or by an agent or designee of the secretary pursuant to K.S.A. 8-1911, and amendments thereto. The limitations in this section shall not apply to vehicles transporting such objects operated at nighttime by a public utility when required for emergency repair of public service facilities or properties or when operated under special permit as provided in K.S.A. 8-1911, and amendments thereto, but in respect to such night transportation every such vehicle and the load thereon shall be equipped with a sufficient number of clearance lamps on both sides and marker lamps upon the extreme ends of any projecting load to clearly mark the dimensions of such load.
(f) The limitations of this section governing the maximum length of combinations of vehicles shall not apply to a combination of vehicles consisting of a truck tractor towing a house trailer, if such combination of vehicles does not exceed an overall length of 97 feet.
(g) The length limitations of this section shall not apply to stinger-steered automobile or boat transporters or one truck and one trailer vehicle combination, loaded or unloaded, used in transporting a combine to be engaged in farm custom harvesting operations, as defined in subsection (d) of K.S.A. 8-143j, and amendments thereto. A stinger-steered automobile or boat transporter or one truck and one trailer vehicle combination, loaded or unloaded, used in transporting a combine to be engaged in farm custom harvesting operations, as defined in subsection (d) of K.S.A. 8-=143j, and amendments thereto, shall not exceed an overall length limit of 75 feet, exclusive of front and rear overhang.
(h) The length limitations of this section shall not apply to drive-away saddlemount or drive-away saddlemount with fullmount vehicle transporter combinations. A drive-away saddlemount or drive-away saddlemount with fullmount vehicle transporter combination shall not exceed an extreme overall dimension of 97 feet in length.
Section 6. Projecting loads to the front and rear.
(a) The load upon any vehicle operated alone, or the load upon the front vehicle of a combination of vehicles, shall not extend more than three (3) feet beyond the front wheels of such vehicle or the front bumper of such vehicle if it is equipped with a bumper.
(b) Any vehicle or combination of vehicles transporting passenger vehicles or other motor vehicles may carry a load which extends no more than three (3) feet beyond the front and four (4) feet beyond the rear of the transporting vehicle or combination of vehicles.
Section 7. Gross weight limits on wheels and axles.
(a) The gross weight upon any wheel of a vehicle shall not exceed 10,000 pounds.
(b) The gross weight upon any one axle, including any one axle of a group of axles, of a vehicle shall not exceed 20,000 pounds.
(c) Any axle located within seven feet of any adjacent axle shall, when the wheels of such axle are in contact with the road surface, carry its proportionate part of the load permitted on such axles. An axle shall not be used to determine the lawful axle weight under this section or the gross weight under Section 8 of this ordinance when the wheels of such axle are not in contact with the road surface.
(d) As used in this section:
(1) "Gross weight on any one axle" means the total load on all wheels whose centers are included within two parallel transverse vertical planes not more than 40 inches apart.
(2) "Tandem axles" means two or more consecutive axles, arranged in tandem and articulated from a common attachment to the vehicle or individually attached to the vehicle, with such axles spaced not less than 40 inches and not more than 96 inches apart.
(3) "Triple axles" means three or more consecutive axles, arranged in tandem and articulated from a common attachment to the vehicle or individually attached to the vehicle, with such axles spaced more than 96 inches and not more than 120 inches apart.
(4) "Quad axles" means four or more consecutive axles, arranged in tandem and articulated from a common attachment to the vehicle or individually attached to the vehicle, with such axles spaced more than 120 inches and not more than 150 inches apart.
(e) The gross weight on tandem axles shall not exceed 34,000 pounds.
Section 8. Gross weight limits for vehicles, exceptions; safety of certain vehicles for operation.
(a) No vehicle or combination of vehicles shall be moved or operated on any highway when the gross weight on two or more consecutive axles exceeds the limitations prescribed in the following table:
Max load (in lbs) carried on any group of 2 or more consecutive axles
Distance (in feet)
between the extremes
of any group of 2 or
more consecutive axles 2 Axles 3 Axles 4 Axles 5 Axles 6 Axles 7 Axles 8 Axles
4 34,000
5 34,000
6 34,000
7 34,000
8 and less 34,000
More than 8 38,000 34,000
9 39,000 42,500
10 40,000 43,500
11 44,000
12 45,000 50,000
13 45,500 50,500
14 46,500 51,500
15 47,000 52,000
16 48,000 52,500 58,000
17 48,500 53,500 58,500
18 49,500 54,000 59,000
19 50,000 54,500 60,000
20 51,000 55,500 60,500 66,000
21 51,500 56,000 61,000 66,500
22 52,500 56,500 61,500 67,000
23 53,000 57,500 62,500 68,000
24 54,000 58,000 63,000 68,500 74,000
25 54,500 58,500 63,500 69,000 74,500
26 55,500 59,500 64,000 69,500 75,000
27 56,000 60,000 65,000 70,000 75,500
28 57,000 60,500 65,500 71,000 76,500 82,000
29 57,500 61,500 66,000 71,500 77,000 82,500
30 58,500 62,000 66,500 72,000 77,500 83,000
31 59,000 62,500 67,500 72,500 78,000 83,500
32 60,000 63,500 68,000 73,000 78,500 84,500
33 64,000 68,500 74,000 79,000 85,000
34 64,500 69,000 74,500 80,000 85,500
35 65,500 70,000 75,000 80,500
36 66,000 70,500 75,500 81,000
37 66,500 71,000 76,000 81,500
38 67,500 72,000 77,000 82,000
39 68,000 72,500 77,500 82,500
40 68,500 73,000 78,000 83,500
41 69,500 73,500 78,500 84,000
42 70,000 74,000 79,000 84,500
43 70,500 75,000 80,000 85,000
44 71,500 75,500 80,500 85,500
45 72,000 76,000 81,000
46 72,500 76,500 81,500
47 73,500 77,500 82,000
48 74,000 78,000 83,000
49 74,500 78,500 83,500
50 75,500 79,000 84,000
51 76,000 80,000 84,500
52 76,500 80,500 85,000
53 77,500 81,000 85,500
54 78,000 81,500
55 78,500 82,500
56 79,500 83,000
57 80,000 83,500
58 84,000
59 85,000
60 85,500
Except that two consecutive sets of tandem axles may carry a gross load of 34,000 pounds each if the overall distance between the first and last axles is 36 feet or more.
(1) The gross weight on any one axle of a vehicle shall not exceed the limits prescribed in Section 7 of this ordinance, and amendments thereto.
(2) For vehicles and combinations of vehicles on the interstate system the table in this section shall not authorize a maximum gross weight of more than 80,000 pounds.
(3) The table in this section shall not apply to truck tractor and dump semitrailer or truck trailer combination when such are used as a combination unit exclusively for the transportation of sand, salt for highway maintenance operations, gravel, slag stone, limestone, crushed stone, cinders, coal, blacktop, dirt or fill material, when such vehicles are used for transportation to a construction site, highway maintenance or construction project or other storage facility, except that such vehicles or combination of vehicles shall not be exempted from any application of the table as may be required to determine applicable axle weights for triple and quad axles as defined in Section 7, and amendments thereto. As used in this subpart (3), the term "dump semitrailer" means any semitrailer designed in such a way as to divest itself of the load carried thereon.
(b) It shall be unlawful for any person to operate any vehicle or combination of vehicles with a gross weight in excess of the limitation set forth in this ordinance, except as provided in K.S.A. 8-1911 or this ordinance, and amendments thereto.
(c) As used in this section, "interstate system" means the national system of interstate and defense highways.
Section 9. Enforcement of vehicle weight laws; officers may weigh vehicles; portable scales; required drive to stationary scales; off-loading or load redistribution required, when.
(a) Any police officer having reason to believe that the gross weight of a vehicle or combination of vehicles or the gross weight on any axle or sets of axles is unlawful is authorized to require the driver to stop and submit to a weighing of the same by means of either portable or stationary scales and may require that such vehicle be driven to any scales suitable for this purpose within five miles. When portable scales are used for weighing for the purpose of this section, the location of such portable scales shall be not more than 10 miles from any stationary scales whose accuracy is certified in accordance with state law.
(b) 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 remain standing until such portion of the load is removed as may be necessary to reduce the gross weigh of such vehicle or combination of vehicles or remove or redistribute the gross weight on any axle or sets of axles to such limit as permitted under this ordinance. 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.
(c) Any driver of a vehicle or combination of vehicles who fails or refuses to stop and submit such vehicle or combination of vehicles to weighing as provided in this section or who fails or refuses when directed by a police officer to comply with the provisions of this section shall be guilty of a misdemeanor.
Section 10. Vehicle operation on National System of Interstate and Defense Highways. Nothing in this ordinance shall authorize any gross weight of a vehicle, combination of vehicles, or axle or axles of a vehicle on the national system of interstate and defense highways greater than permitted by laws of the United States Congress, except that this section shall not apply to a truck tractor and dump semitrailer or truck trailer combination authorized under the provision of subsection (a)(3) of Section 8 of this ordinance, and amendments thereto.
Section 11. Unlawful acts related to vehicle registration. It shall be unlawful for any person to operate on the streets & highways of the City of Baldwin City, Kansas:
(a) A vehicle or combination of vehicles whose weight with cargo is in excess of the gross weight for which the truck or truck tractor propelling the same is registered, except as provided by K.S.A. 8-143, and amendments thereto, and subsections (a) to (f), inclusive, of K.S.A. 8-1911, and amendments thereto.
(b) A farm truck or farm trailer other than to transport:
(1) Agricultural products produced from such owner.
(2) Commodities purchased by the owner for use on the farm owned or rented by the owner of such vehicles.
(3) Commodities for religious or educational institutions being transported by the owner of such vehicles for charity and without compensation of any kind, except as provided in subsection (c) of K.S.A. 66-1,109 and amendments thereto; or
(4) Sand, gravel, slag stone, limestone, crushed stone, cinders, blacktop, dirt or fill material to a township road maintenance or construction site of the township in which the owner of such truck resides.
(c) A farm truck or truck tractor used in combination with a trailer or semitrailer for a gross weight which does not include the empty weight of the truck or truck tractor or of the combination of any truck or truck tractor and any type of trailer or semitrailer, plus the maximum weight of such cargo which will be transported on or with the same; and such farm truck or farm truck tractor used to transport a gross weight of more than 54,000 pounds shall have durably lettered on the side of the motor vehicle the words "farm vehicle - not for hire."
(d) Any truck or truck tractor without the current quarter of license fees being paid thereon.
(e) A truck or truck tractor without carrying in the cab a copy of the registration receipt for such vehicle or without having painted or otherwise durably marked on said vehicle on both sides thereof, the gross weight for which said vehicle is licensed and the name and address of the owner thereof, except as provided in K.S.A. 8-143e, and amendments thereto.
(f) A farm trailer carrying more than 6,000 pounds without being registered and the registration fees paid thereon.
(g) A truck or truck tractor operated more than 6,000 miles in any calendar year which has been registered and licensed to operate not more than 6,000 miles in such calendar year, as provided in subsection (2) of K.S.A. 8-143, and amendments thereto, unless the additional fee required by said subsection (2) has been paid.
(h) A vehicle or combination of vehicles on the national system of interstate and defense highways with a gross weight greater than permitted by the laws of the United States Congress.
Section 12. No truck route exception created. The provisions of this ordinance should not be construed to limit the application of or exempt any vehicle from the application of city ordinances, or amendments thereto, or from any other ordinance limiting the routes on which certain classes of vehicles may be operated within the city.
Section 13. City policy of compliance. Vehicles owned by the City of Baldwin City shall comply with the dictates of this ordinance. Except in the case of emergency and notwithstanding any provision of this ordinance to the contrary, no exception shall be granted from the general requirements of this ordinance to a City vehicle unless such exception would apply to a similarly situated vehicle not owned or operated by the City. In no event, however, does this section repeal the exception for fire apparatus contained in Section 2(d) of this ordinance.
Section 14. The provisions of this ordinance are Local Traffic Regulations intended to supplement and amend as necessary the Standard Traffic Ordinance in effect for the City of Baldwin City. As such, all ordinances or parts of ordinances in conflict with the provisions herein shall be repealed to the extent required to resolve such conflict.
Section 15. Severability. If any portion of this ordinance is declared invalid for any reason, such invalidity shall not affect the remaining portions of this ordinance. To this end, the provisions of this ordinance are declared severable.
Section 16. Effective Date. This ordinance shall be effective upon its passage and publication in the official city newspaper as required by law.
APPROVED AND ADOPTED by the governing body of the City of Baldwin City, Kansas, this 19th day of January, 2010.
APPROVED:
/s/ Ken Wagner
Ken Wagner, Mayor
ATTEST:
/s/ Darcy Higgins
Darcy Higgins, City Clerk
APPROVED AS TO FORM:
/s/ Matt Hoy
Matt Hoy, City Attorney
_______
ORDINANCE NO. 1243
AN ORDINANCE ADOPTING WEIGHT AND SIZE RESTRICTIONS FOR VEHICLES TRAVELING IN THE CORPORATE LIMITS OF THE CITY OF BALDWIN CITY; REPEALING ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of Baldwin City, Kansas, wishes to enforce weight and size restrictions on motor vehicles traveling within the corporate limits of the City; and
WHEREAS, the adoption of regulations regarding overweight and oversized vehicles will improve the safety and longevity of public streets and roads within the City.
NOW, THEREFORE, BE IT ORDAINED by the Governing Body of the City of Baldwin City, Kansas, that:
Section 1. Definitions. The words and phrases used in this ordinance shall have meanings identical to those ascribed to those words and phrases by Section 1 of the Standard Traffic Ordinance as incorporated by Section 14-101 of the Code of the City of Baldwin City Kansas, and amendments thereto.
Section 2. Violation of Size and Weight Laws: Exceptions.
(a) It shall be unlawful for any person to drive or move or for the owner or lessee to cause or knowingly permit to be driven or moved on any highway any vehicle or combination of vehicles of a size or weight exceeding the limitations stated in this ordinance, or to otherwise fail to comply with this ordinance.
(b) Any person violating any of the provisions of this ordinance, except for the provisions of Section 7 of this ordinance, and amendments thereto, and Section 8 of this ordinance, and amendments thereto, shall be fined in an amount not to exceed five hundred ($500.00) dollars.
(c) Any person convicted of violating any of the provisions of Section 7 of this ordinance, and amendments thereto, and Section 8 of this ordinance, and amendments thereto, shall be fined pursuant to the following schedule:
Pounds Overweight Amount of Fine
up to 1000 $40.00
1001 to 2000 $0.04 per pound overweight
2001 to 5000 $0.06 per pound overweight
5001 to 7500 $0.08 per pound overweight
7501 or more $0.11 per pound overweight
For a second violation of Section 7 or Section 8 of this ordinance, and amendments thereto, within two years of a prior conviction, such person, upon conviction shall be fined 1 ½ times the above scheduled amount. For a third violation of Section 7 or Section 8 of this ordinance, and amendments thereto, within two years, such person shall be fined two times the above scheduled amount. For a fourth or succeeding violation of Section 7 or Section 8 of this ordinance, and amendments thereto, within two years, such person shall be fined 2 ½ times the above scheduled amount.
(d) Except as otherwise specified in this ordinance, the provisions of this ordinance shall not apply to fire apparatus, road machinery, farm tractors or to implements of husbandry temporarily moved upon a highway, or to a vehicle operated under the terms of a currently valid special permit issued in accordance with K.S.A. 8-1911 and amendments thereto.
(e) Except on highways designated as part of the national system of interstate defense highways, the gross weight limitation prescribed by this article on any axle or tandem, triple, or quad axles shall not apply to:
(1) Trucks or solid waste disposal operations when loaded with garbage, refuse or waste; or
(2) Trucks mounted with a fertilizer spreader used or manufactured principally to spread animal dung, except that this paragraph (2) shall not apply to truck tractors so equipped. Except that such trucks under this subsection shall not exceed the maximum gross weight limitations contained in the table in Section 8 of this ordinance, and amendments thereto.
(f) As used in this section, "conviction" means a final conviction without regard to whether sentence was suspended or probation granted after such conviction, and a forfeiture of bail, bond or collateral deposited to secure a defendant's appearance in court, which forfeiture has not been vacated, is equivalent to a conviction.
Section 3. Widths and Loads of Vehicles.
(a) The total outside width of any vehicle or the load thereon shall not exceed 8 ½ feet, except as otherwise provided in this section.
(b) A farm tractor or fertilizer dispensing machine shall not be permitted to travel on any highway which is a part of the national system of interstate and defense highways. Whenever a farm tractor or implement of husbandry, and any load on any such vehicle, exceeds the width limitations prescribed by this section to the extent that the width of such vehicle, including any load thereon, exceeds the width of that portion of a roadway on which such vehicle is driven, which is marked as a single lane of traffic, or, if such roadway has not been marked for lanes of traffic, the width of such vehicle exceeds more than ½ the width of such roadway, the driver shall move such vehicle as soon as possible as far to the right side of the highway as is practicable and safe upon the approach of any oncoming or following vehicle and upon approaching the crest of a hill.
(c) Safety and other devices designated by the Kansas Secretary of Transportation may lawfully extend out on either side of the vehicle.
(d) Vehicles loaded with bales of hay.
(1) A vehicle may be loaded with bales of hay which shal not exceed 12 feet in width and a height as authorized by Section 5 of this ordinance, and amendments thereto, but vehicles so loaded shall not be moved on any highway designated as part of the national network of highways, except as permitted under subsection (j) of K.S.A. 8-1911, and amendments thereto, or under paragraph (2) of this subsection.
(2) A farm vehicle may be loaded with bales of hay which shall not exceed 12 feet in width and a height as authorized by Section 5 of this ordinance, and amendments thereto, but vehicles so loaded shall not be moved on any highway designated as a part of the national system of interstate and defense highways, except as permitted under subsection (j) of K.S.A. 8-1911, and amendments thereto. As used in this paragraph "farm vehicle" means a truck or truck tractor registered under K.S.A. 8-143, and amendments thereto, as a farm truck or truck tractor. Such farm truck or truck tractor may be used in combination with any type of trailer or semitrailer.
(3) Any such vehicles under paragraphs (1) or (2) so loaded shall not be moved during the period beginning 30 minutes after sunset and ending 30 minutes before sunrise. Any vehicle loaded with bales of hay as authorized by the exception in this subsection, with the load extending beyond 8 ½ feet, shall have attached thereto a sign which states "OVERSIZE LOAD" and the dimensions of the sign shall be a minimum of seven feet long and 18 inches high. Letters shall be a minimum of 10 inches high with a brush stroke of not less than 1 2/5 inches. The sign shall be readily visible from a distance of 500 feet and shall be removed when the vehicle or load does not exceed the legal width. Each vehicle shall be equipped with red flags on all for corners of the oversize load.
(e) A motor home or travel trailer may exceed 102 inches, if such excess width is attributable to an appurtenance that extends no more than six inches beyond the body of the vehicle, except that in no case shall such motor home or travel trailer exceed a total width of 108 inches. The term "appurtenance" shall not include any item that is temporarily affixed or attached to the exterior of a motor home or travel trailer by the owner of such motor home or travel trailer for the purposes of transporting from one location to another. For the purposes of this subsection the term "appurtenance" shall include:
(1) An awning and its support hardware; and
(2) Any appendage that is intended to be an integral part of a motor home or travel trailer coach and that is installed by the manufacturer or dealer.
Section 4. Loads on Passenger Vehicles Extending to Either Side. No passenger-type vehicle shall be operated on any highway with any load carried thereon extending beyond the left side of such vehicle nor extending more than six (6) inches beyond the right side thereof.
Section 5. Height and Length of Vehicles and Loads; Exceptions to maximums.
(a) No vehicle including any load thereon shall exceed a height of 14 feet, except that a vehicle transporting cylindrically shaped bales of hay as authorized by subsection (e) of Section 3 of this ordinance, and amendments thereto, may be loaded with such bales secured to a height not exceeding 14 ½ feet. Should a vehicle so loaded with bales strike any overpass or other obstacle, the operator of the vehicle shall be liable for all resulting damages.
(b) No motor vehicle including the load thereon shall exceed a length of 45 feet extreme overall dimension, excluding the front and rear bumpers, except as provided in subsection (d).
(c) Except as otherwise provided in K.S.A. 8-1914 and 8-1915, and amendments thereto, and subsections (d), (e), (f), (g), and (h), no combination of vehicles coupled together shall exceed a total length of 65 feet.
(d) The length limitations in subsection (b) shall not apply to a truck tractor. No semitrailer that is being operated in combination with a truck tractor shall exceed 59 ½ feet in length. No semitrailer or trailer which is being operated in a combination consisting of a truck tractor, semitrailer and trailer shall exceed 28 ½ feet in length.
(e) The limitations in this section governing maximum length of a semitrailer or trailer shall not apply to vehicles operating in the daytime when transporting poles, pipe, machinery or other objects of a structural nature which cannot readily be dismembered, except that it shall be unlawful to operate any such vehicle or combination of vehicles which exceeds a total length of 85 feet unless a special permit for such operation has been issued by the Kansas Secretary of Transportation or by an agent or designee of the secretary pursuant to K.S.A. 8-1911, and amendments thereto. The limitations in this section shall not apply to vehicles transporting such objects operated at nighttime by a public utility when required for emergency repair of public service facilities or properties or when operated under special permit as provided in K.S.A. 8-1911, and amendments thereto, but in respect to such night transportation every such vehicle and the load thereon shall be equipped with a sufficient number of clearance lamps on both sides and marker lamps upon the extreme ends of any projecting load to clearly mark the dimensions of such load.
(f) The limitations of this section governing the maximum length of combinations of vehicles shall not apply to a combination of vehicles consisting of a truck tractor towing a house trailer, if such combination of vehicles does not exceed an overall length of 97 feet.
(g) The length limitations of this section shall not apply to stinger-steered automobile or boat transporters or one truck and one trailer vehicle combination, loaded or unloaded, used in transporting a combine to be engaged in farm custom harvesting operations, as defined in subsection (d) of K.S.A. 8-143j, and amendments thereto. A stinger-steered automobile or boat transporter or one truck and one trailer vehicle combination, loaded or unloaded, used in transporting a combine to be engaged in farm custom harvesting operations, as defined in subsection (d) of K.S.A. 8-=143j, and amendments thereto, shall not exceed an overall length limit of 75 feet, exclusive of front and rear overhang.
(h) The length limitations of this section shall not apply to drive-away saddlemount or drive-away saddlemount with fullmount vehicle transporter combinations. A drive-away saddlemount or drive-away saddlemount with fullmount vehicle transporter combination shall not exceed an extreme overall dimension of 97 feet in length.
Section 6. Projecting loads to the front and rear.
(a) The load upon any vehicle operated alone, or the load upon the front vehicle of a combination of vehicles, shall not extend more than three (3) feet beyond the front wheels of such vehicle or the front bumper of such vehicle if it is equipped with a bumper.
(b) Any vehicle or combination of vehicles transporting passenger vehicles or other motor vehicles may carry a load which extends no more than three (3) feet beyond the front and four (4) feet beyond the rear of the transporting vehicle or combination of vehicles.
Section 7. Gross weight limits on wheels and axles.
(a) The gross weight upon any wheel of a vehicle shall not exceed 10,000 pounds.
(b) The gross weight upon any one axle, including any one axle of a group of axles, of a vehicle shall not exceed 20,000 pounds.
(c) Any axle located within seven feet of any adjacent axle shall, when the wheels of such axle are in contact with the road surface, carry its proportionate part of the load permitted on such axles. An axle shall not be used to determine the lawful axle weight under this section or the gross weight under Section 8 of this ordinance when the wheels of such axle are not in contact with the road surface.
(d) As used in this section:
(1) "Gross weight on any one axle" means the total load on all wheels whose centers are included within two parallel transverse vertical planes not more than 40 inches apart.
(2) "Tandem axles" means two or more consecutive axles, arranged in tandem and articulated from a common attachment to the vehicle or individually attached to the vehicle, with such axles spaced not less than 40 inches and not more than 96 inches apart.
(3) "Triple axles" means three or more consecutive axles, arranged in tandem and articulated from a common attachment to the vehicle or individually attached to the vehicle, with such axles spaced more than 96 inches and not more than 120 inches apart.
(4) "Quad axles" means four or more consecutive axles, arranged in tandem and articulated from a common attachment to the vehicle or individually attached to the vehicle, with such axles spaced more than 120 inches and not more than 150 inches apart.
(e) The gross weight on tandem axles shall not exceed 34,000 pounds.
Section 8. Gross weight limits for vehicles, exceptions; safety of certain vehicles for operation.
(a) No vehicle or combination of vehicles shall be moved or operated on any highway when the gross weight on two or more consecutive axles exceeds the limitations prescribed in the following table:
Max load (in lbs) carried on any group of 2 or more consecutive axles
Distance (in feet)
between the extremes
of any group of 2 or
more consecutive axles 2 Axles 3 Axles 4 Axles 5 Axles 6 Axles 7 Axles 8 Axles
4 34,000
5 34,000
6 34,000
7 34,000
8 and less 34,000
More than 8 38,000 34,000
9 39,000 42,500
10 40,000 43,500
11 44,000
12 45,000 50,000
13 45,500 50,500
14 46,500 51,500
15 47,000 52,000
16 48,000 52,500 58,000
17 48,500 53,500 58,500
18 49,500 54,000 59,000
19 50,000 54,500 60,000
20 51,000 55,500 60,500 66,000
21 51,500 56,000 61,000 66,500
22 52,500 56,500 61,500 67,000
23 53,000 57,500 62,500 68,000
24 54,000 58,000 63,000 68,500 74,000
25 54,500 58,500 63,500 69,000 74,500
26 55,500 59,500 64,000 69,500 75,000
27 56,000 60,000 65,000 70,000 75,500
28 57,000 60,500 65,500 71,000 76,500 82,000
29 57,500 61,500 66,000 71,500 77,000 82,500
30 58,500 62,000 66,500 72,000 77,500 83,000
31 59,000 62,500 67,500 72,500 78,000 83,500
32 60,000 63,500 68,000 73,000 78,500 84,500
33 64,000 68,500 74,000 79,000 85,000
34 64,500 69,000 74,500 80,000 85,500
35 65,500 70,000 75,000 80,500
36 66,000 70,500 75,500 81,000
37 66,500 71,000 76,000 81,500
38 67,500 72,000 77,000 82,000
39 68,000 72,500 77,500 82,500
40 68,500 73,000 78,000 83,500
41 69,500 73,500 78,500 84,000
42 70,000 74,000 79,000 84,500
43 70,500 75,000 80,000 85,000
44 71,500 75,500 80,500 85,500
45 72,000 76,000 81,000
46 72,500 76,500 81,500
47 73,500 77,500 82,000
48 74,000 78,000 83,000
49 74,500 78,500 83,500
50 75,500 79,000 84,000
51 76,000 80,000 84,500
52 76,500 80,500 85,000
53 77,500 81,000 85,500
54 78,000 81,500
55 78,500 82,500
56 79,500 83,000
57 80,000 83,500
58 84,000
59 85,000
60 85,500
Except that two consecutive sets of tandem axles may carry a gross load of 34,000 pounds each if the overall distance between the first and last axles is 36 feet or more.
(1) The gross weight on any one axle of a vehicle shall not exceed the limits prescribed in Section 7 of this ordinance, and amendments thereto.
(2) For vehicles and combinations of vehicles on the interstate system the table in this section shall not authorize a maximum gross weight of more than 80,000 pounds.
(3) The table in this section shall not apply to truck tractor and dump semitrailer or truck trailer combination when such are used as a combination unit exclusively for the transportation of sand, salt for highway maintenance operations, gravel, slag stone, limestone, crushed stone, cinders, coal, blacktop, dirt or fill material, when such vehicles are used for transportation to a construction site, highway maintenance or construction project or other storage facility, except that such vehicles or combination of vehicles shall not be exempted from any application of the table as may be required to determine applicable axle weights for triple and quad axles as defined in Section 7, and amendments thereto. As used in this subpart (3), the term "dump semitrailer" means any semitrailer designed in such a way as to divest itself of the load carried thereon.
(b) It shall be unlawful for any person to operate any vehicle or combination of vehicles with a gross weight in excess of the limitation set forth in this ordinance, except as provided in K.S.A. 8-1911 or this ordinance, and amendments thereto.
(c) As used in this section, "interstate system" means the national system of interstate and defense highways.
Section 9. Enforcement of vehicle weight laws; officers may weigh vehicles; portable scales; required drive to stationary scales; off-loading or load redistribution required, when.
(a) Any police officer having reason to believe that the gross weight of a vehicle or combination of vehicles or the gross weight on any axle or sets of axles is unlawful is authorized to require the driver to stop and submit to a weighing of the same by means of either portable or stationary scales and may require that such vehicle be driven to any scales suitable for this purpose within five miles. When portable scales are used for weighing for the purpose of this section, the location of such portable scales shall be not more than 10 miles from any stationary scales whose accuracy is certified in accordance with state law.
(b) 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 remain standing until such portion of the load is removed as may be necessary to reduce the gross weigh of such vehicle or combination of vehicles or remove or redistribute the gross weight on any axle or sets of axles to such limit as permitted under this ordinance. 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.
(c) Any driver of a vehicle or combination of vehicles who fails or refuses to stop and submit such vehicle or combination of vehicles to weighing as provided in this section or who fails or refuses when directed by a police officer to comply with the provisions of this section shall be guilty of a misdemeanor.
Section 10. Vehicle operation on National System of Interstate and Defense Highways. Nothing in this ordinance shall authorize any gross weight of a vehicle, combination of vehicles, or axle or axles of a vehicle on the national system of interstate and defense highways greater than permitted by laws of the United States Congress, except that this section shall not apply to a truck tractor and dump semitrailer or truck trailer combination authorized under the provision of subsection (a)(3) of Section 8 of this ordinance, and amendments thereto.
Section 11. Unlawful acts related to vehicle registration. It shall be unlawful for any person to operate on the streets & highways of the City of Baldwin City, Kansas:
(a) A vehicle or combination of vehicles whose weight with cargo is in excess of the gross weight for which the truck or truck tractor propelling the same is registered, except as provided by K.S.A. 8-143, and amendments thereto, and subsections (a) to (f), inclusive, of K.S.A. 8-1911, and amendments thereto.
(b) A farm truck or farm trailer other than to transport:
(1) Agricultural products produced from such owner.
(2) Commodities purchased by the owner for use on the farm owned or rented by the owner of such vehicles.
(3) Commodities for religious or educational institutions being transported by the owner of such vehicles for charity and without compensation of any kind, except as provided in subsection (c) of K.S.A. 66-1,109 and amendments thereto; or
(4) Sand, gravel, slag stone, limestone, crushed stone, cinders, blacktop, dirt or fill material to a township road maintenance or construction site of the township in which the owner of such truck resides.
(c) A farm truck or truck tractor used in combination with a trailer or semitrailer for a gross weight which does not include the empty weight of the truck or truck tractor or of the combination of any truck or truck tractor and any type of trailer or semitrailer, plus the maximum weight of such cargo which will be transported on or with the same; and such farm truck or farm truck tractor used to transport a gross weight of more than 54,000 pounds shall have durably lettered on the side of the motor vehicle the words "farm vehicle - not for hire."
(d) Any truck or truck tractor without the current quarter of license fees being paid thereon.
(e) A truck or truck tractor without carrying in the cab a copy of the registration receipt for such vehicle or without having painted or otherwise durably marked on said vehicle on both sides thereof, the gross weight for which said vehicle is licensed and the name and address of the owner thereof, except as provided in K.S.A. 8-143e, and amendments thereto.
(f) A farm trailer carrying more than 6,000 pounds without being registered and the registration fees paid thereon.
(g) A truck or truck tractor operated more than 6,000 miles in any calendar year which has been registered and licensed to operate not more than 6,000 miles in such calendar year, as provided in subsection (2) of K.S.A. 8-143, and amendments thereto, unless the additional fee required by said subsection (2) has been paid.
(h) A vehicle or combination of vehicles on the national system of interstate and defense highways with a gross weight greater than permitted by the laws of the United States Congress.
Section 12. No truck route exception created. The provisions of this ordinance should not be construed to limit the application of or exempt any vehicle from the application of city ordinances, or amendments thereto, or from any other ordinance limiting the routes on which certain classes of vehicles may be operated within the city.
Section 13. City policy of compliance. Vehicles owned by the City of Baldwin City shall comply with the dictates of this ordinance. Except in the case of emergency and notwithstanding any provision of this ordinance to the contrary, no exception shall be granted from the general requirements of this ordinance to a City vehicle unless such exception would apply to a similarly situated vehicle not owned or operated by the City. In no event, however, does this section repeal the exception for fire apparatus contained in Section 2(d) of this ordinance.
Section 14. The provisions of this ordinance are Local Traffic Regulations intended to supplement and amend as necessary the Standard Traffic Ordinance in effect for the City of Baldwin City. As such, all ordinances or parts of ordinances in conflict with the provisions herein shall be repealed to the extent required to resolve such conflict.
Section 15. Severability. If any portion of this ordinance is declared invalid for any reason, such invalidity shall not affect the remaining portions of this ordinance. To this end, the provisions of this ordinance are declared severable.
Section 16. Effective Date. This ordinance shall be effective upon its passage and publication in the official city newspaper as required by law.
APPROVED AND ADOPTED by the governing body of the City of Baldwin City, Kansas, this 19th day of January, 2010.
APPROVED:
/s/ Ken Wagner
Ken Wagner, Mayor
ATTEST:
/s/ Darcy Higgins
Darcy Higgins, City Clerk
APPROVED AS TO FORM:
/s/ Matt Hoy
Matt Hoy, City Attorney
_______
(First published in the Baldwin City Signal, Thursday, February 4, 2010)
IN THE DISTRICT COURT OF
DOUGLAS COUNTY, KANSAS
In the Matter of
the Estate of:
NANCY D. DALE, Deceased.
Case No. 2010 PR 16
Division No. I
Proceeding Under K.S.A. Chapter 59
NOTICE OF HEARING AND NOTICE TO CREDITORS
THE STATE OF KANSAS TO ALL PERSONS CONCERNED:
You are hereby notified that on January 28, 2010, a Petition was filed in this Court by Alan B. Dale and Joanne E. Kelly, the heirs, devisees, legatees, and co-executors named in the "Last Will and Testament of Nancy D. Dale," deceased, dated September 30, 2003, praying the will filed with the Petition be admitted to probate and record; and Alan B. Dale and Joanne E. Kelly be appointed as co-executors, without bond.
You are required to file your written defenses thereto on or before the 2nd day of March, 2010, at 10:00 o'clock a.m., in the District Court in Lawrence, Douglas County, Kansas, at which time and place the cause will be heard. Should you fail therein, judgment and decree will be entered in due course upon the Petition.
All creditors are notified to exhibit their demands against the estate within four (4) months from the date of the first publication of this notice, as provided by law, and if their demands are not thus exhibited, they shall be forever barred.
ALAN B. DALE AND
JOANNE E. KELLY,
Petitioners
COLLISTER & KAMPSCHROEDER
Attorneys at Law
3311 Clinton Parkway Court
Lawrence, Kansas 66047-2631
Phone: (785) 842-3126
Fax: (758) 842-3878
ATTORNEYS FOR
PETITIONER
_______
IN THE DISTRICT COURT OF
DOUGLAS COUNTY, KANSAS
In the Matter of
the Estate of:
NANCY D. DALE, Deceased.
Case No. 2010 PR 16
Division No. I
Proceeding Under K.S.A. Chapter 59
NOTICE OF HEARING AND NOTICE TO CREDITORS
THE STATE OF KANSAS TO ALL PERSONS CONCERNED:
You are hereby notified that on January 28, 2010, a Petition was filed in this Court by Alan B. Dale and Joanne E. Kelly, the heirs, devisees, legatees, and co-executors named in the "Last Will and Testament of Nancy D. Dale," deceased, dated September 30, 2003, praying the will filed with the Petition be admitted to probate and record; and Alan B. Dale and Joanne E. Kelly be appointed as co-executors, without bond.
You are required to file your written defenses thereto on or before the 2nd day of March, 2010, at 10:00 o'clock a.m., in the District Court in Lawrence, Douglas County, Kansas, at which time and place the cause will be heard. Should you fail therein, judgment and decree will be entered in due course upon the Petition.
All creditors are notified to exhibit their demands against the estate within four (4) months from the date of the first publication of this notice, as provided by law, and if their demands are not thus exhibited, they shall be forever barred.
ALAN B. DALE AND
JOANNE E. KELLY,
Petitioners
COLLISTER & KAMPSCHROEDER
Attorneys at Law
3311 Clinton Parkway Court
Lawrence, Kansas 66047-2631
Phone: (785) 842-3126
Fax: (758) 842-3878
ATTORNEYS FOR
PETITIONER
_______
(First published in the Baldwin City Signal, Thursday, February 4, 2010)
IN THE DISTRICT COURT OF
DOUGLAS COUNTY, KANSAS
In the Matter of the
Estate of
MINNIE LEE BALES a/k/a
MINILEE BALES, Deceased.
Case No. 2010 PR 17
Division No. I
Proceeding Under K.S.A. Chapter 59
NOTICE OF HEARING
THE STATE OF KANSAS TO ALL PERSONS CONCERNED:
You are hereby notified that a Petition has been filed in this Court by David A. Bales and Linda L. Bales, spouse and one of the heirs of Minnie Lee Bales a/k/a Minilee Bales, deceased, praying:
Descent be determined of the following described real estate situated in Douglas County, Kansas:
The East sixty-six feet (66') of Lot One (l1) in Block B in Southwest Addition Number Seven (7), an Addition to the City of Lawrence, Douglas County, Kansas, more commonly known as 1727 W. 21st Terrace,
and all personal property and other Kansas real estate owned by decedent at the time of death. And that such property and all personal property and other Kansas real estate owned by the decedent at the time of death be assigned pursuant to the laws of intestate succession.
You are required to file your written defenses thereto on or before the 2nd day of March, 2010, at 10:15 o'clock a.m. in the City of Lawrence, Douglas County, Kansas, at which time and place the cause will be heard. Should you fail therein, judgment and decree will be entered in due course upon the Petition.
DAVID A. BALES and
LINDA L. BALES,
Petitioners
COLLISTER & KAMPSCHROEDER
Attorneys at Law
3311 Clinton Parkway Court
Lawrence, Kansas 66047-2631
Phone: (785) 842-3126
Fax: (785) 842-3878
ATTORNEYS FOR
PETITIONERS
_______
IN THE DISTRICT COURT OF
DOUGLAS COUNTY, KANSAS
In the Matter of the
Estate of
MINNIE LEE BALES a/k/a
MINILEE BALES, Deceased.
Case No. 2010 PR 17
Division No. I
Proceeding Under K.S.A. Chapter 59
NOTICE OF HEARING
THE STATE OF KANSAS TO ALL PERSONS CONCERNED:
You are hereby notified that a Petition has been filed in this Court by David A. Bales and Linda L. Bales, spouse and one of the heirs of Minnie Lee Bales a/k/a Minilee Bales, deceased, praying:
Descent be determined of the following described real estate situated in Douglas County, Kansas:
The East sixty-six feet (66') of Lot One (l1) in Block B in Southwest Addition Number Seven (7), an Addition to the City of Lawrence, Douglas County, Kansas, more commonly known as 1727 W. 21st Terrace,
and all personal property and other Kansas real estate owned by decedent at the time of death. And that such property and all personal property and other Kansas real estate owned by the decedent at the time of death be assigned pursuant to the laws of intestate succession.
You are required to file your written defenses thereto on or before the 2nd day of March, 2010, at 10:15 o'clock a.m. in the City of Lawrence, Douglas County, Kansas, at which time and place the cause will be heard. Should you fail therein, judgment and decree will be entered in due course upon the Petition.
DAVID A. BALES and
LINDA L. BALES,
Petitioners
COLLISTER & KAMPSCHROEDER
Attorneys at Law
3311 Clinton Parkway Court
Lawrence, Kansas 66047-2631
Phone: (785) 842-3126
Fax: (785) 842-3878
ATTORNEYS FOR
PETITIONERS
_______
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