There is hereby incorporated by reference for the purpose of regulating traffic within the corporate limits of the City of Bird City, Kansas, and any property owned by the City outside the corporate limits, that certain standard traffic ordinance known as the "Standard Traffic Ordinance for Kansas Cities", Edition of 2024, prepared and published in book form by the League of Kansas Municipalities, Topeka, Kansas. No fewer than three copies of said Standard Traffic Ordinance shall be marked or stamped "Official Copy as Adopted by Ordinance No. 372", and to which shall be attached a copy of said 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.

(Ord. 352; Code 2022; Ord. 356; Ord. 364; Ord. 372)

(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 violations 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.

(Ord. 352; Code 2022; Ord. 356; Ord. 364; Ord. 372)

The fine for violation of an ordinance traffic infraction or any other traffic offense for which the municipal judge establishes a fine in a fine schedule shall not be less than Ten Dollars ($10) nor more than Five Hundred Dollars ($500), except for speeding which shall not be less than Ten Dollars ($10) nor more than Five Hundred Dollars ($500). A person tried and convicted for violation of an ordinance traffic infraction or other traffic offense for which a fine has been established in a schedule of fines shall pay a fine fixed by the court not to exceed Five Hundred Dollars ($500).

(Ord. 352; Code 2022; Ord. 356; Ord. 364; Ord. 372)

Section 182.1 of the Standard Traffic Ordinance adopted by this article is hereby amended to read as follows:

Sec. 182.1 Seat Belts.

(a)   Except as provided in subsection (b):

(1)   Each occupant of either a passenger car manufactured with safety belts in compliance with federal motor vehicle safety standard no. 208 or an autocycle, who is 18 years of age or older, shall have a safety belt properly fastened about such person’s body at all times when the passenger car is in motion; and

(2)   Each occupant of either a passenger car manufactured with safety belts in compliance with federal motor vehicle safety standard no. 208 or an autocycle, who is at least 14 years of age but less than 18 years of age, shall have a safety belt properly fastened about such person’s body at all times when the passenger car is in motion.

(b)   This section does not apply to:

(1)   An occupant of a passenger car who possesses a written statement from a licensed physician that such person is unable for medical reasons to wear a safety belt system;

(2)   Carriers of United States mail while actually engaged in delivery and collection of mail along their specified routs; or

(3)   Newspaper delivery persons while actually engaged in delivery of newspapers along their specified routes.

(c)   Law enforcement officers shall not stop drivers for violations of subsection (a)(1) by a back seat occupant in the absence of another violation of law. A citation for violation of subsection (a)(1) by a back seat occupant shall not be issued without citing the violation that initially caused the officer to effect the enforcement stop.

(d)   Fines.

(1)   Persons violating subsection (a)(1) shall be fined $30 and no court costs; and

(2)   Persons violating subsection (a)(2) shall be fined $60 and no court costs.

(e)   As used in this section, “passenger car” means a motor vehicle, manufactured or assembled after January 1, 1968, or a motor vehicle manufactured or assembled prior to 1968 which was manufactured or assembled with safety belts, with motive power designed for carrying 10 passengers or fewer, including vans, but does not include a motorcycle or a motor-driven cycle. (K.S.A. Supp. 8-2502-8-2504)

(Ord. 341; Code 2022)

The Standard Traffic Ordinances for Kansas Cities as adopted by the City of Bird City, Kansas, heretofore and hereafter, shall be amended by adding the following section:

Sec. 175a. Loud Sound Amplification Systems Prohibited.

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

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

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

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

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

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

(3)   The vehicle was owned or operated by the City of Bird City or a gas, electric, communications or refuse company;

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

(5)   The vehicle was used in authorized public activities, such as parades, fireworks, sports events, musical productions and other activities which have the approval of the Governing Body of the City of Bird City, Kansas.

(e)   Any person, individual, partnership, corporation, or association who violates this section is guilty of an ordinance violation and upon conviction, shall be punished by a fine not to exceed $500.00 or by imprisonment of not more than six months, or by both such fine and imprisonment. Each day any violation hereof is found to exist or continues to exist shall be a separate offense and punishable as such hereunder.

(Ord. 299; Code 2022)