CHAPTER XXI. TRAFFICCHAPTER XXI. TRAFFIC\ARTICLE 1. TRAFFIC REGULATIONS

(a)   There is hereby incorporated by reference for the purpose of regulating traffic upon the highways of the City that certain standard traffic ordinance known as “Standard Traffic Ordinance for Kansas Cities,” Edition of 2016, prepared and published in book form by the League of Kansas Municipalities, Topeka, Kansas, save and except for such articles, sections, parts or portions as are hereafter omitted, deleted, modified or changed. No fewer than three copies of said Standard Ordinance shall be marked or stamped “Official Copy as Adopted by Ordinance No.4921-16 of the City of Newton, Kansas,” with all sections or portions thereof intended to be omitted, deleted, modified or changed clearly marked to show any such omissions, deletions, modifications or changes, and to which shall be attached a copy of this ordinance and filed with the City Clerk to be open for inspection and available to the public at all reasonable hours. The police department, municipal judge, and all administrative departments of the City charged with the enforcement of this 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.

(b)   An ordinance traffic infraction is a violation of any section of the Standard Traffic Ordinance, or of any adopted amendments or additions thereto, that prescribes or requires the same behavior as that prescribed or required by statutory provision that is classified as a traffic infraction in K.S.A. 8-2118. All traffic violations which are included within the Standard Traffic Ordinance, or within any adopted amendments or additions thereto, and which are not ordinance traffic infractions as defined herein, shall be considered traffic offenses.

(Ord. 4828-13; Ord. 4863-14; Ord. 4489-15; Ord. 4921-16)

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 $10 nor more than $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 $500.

(Ord. 3741, Sec. 2)

Amendments to the Standard Traffic Ordinance incorporated by Section 21-101 of this article shall be as follows:

(Ord. 4503-04, Sec. 2)

Section 30.5 - Commercial Driver’s Licenses; Diversion Agreements Not Allowed, shall be amended to read as follows:

(a)   A driver of a commercial motor vehicle, or holder of a commercial driver’s license may not enter into a diversion agreement in lieu of further criminal proceedings that would prevent such person’s conviction for any violation, in any type of motor vehicle, of a state or local traffic control law, except a parking violation, from appearing on the person’s record, whether the person was convicted for an offense committed in the state where the person is licensed or another state.

(b)   For purposes of subsection (a), a person shall be considered a holder of a commercial driver’s license if the person was a holder of a commercial driver’s license at the time the person was arrested or was issued a citation and shall remain a holder of a commercial driver’s license even if the person surrenders the commercial diver’s license after the arrest or citation.

(Ord. 4828-13)

Section 89 -- Stall Parking, shall be amended to read as follows:

Where parking stalls or spaces are marked or designated on the pavement or curb of streets or public off-street parking lots, vehicles shall be parked or stopped in the direction of the flow of traffic in all parallel and angle parking stalls.  In parking stalls marked or designated at right angles to the flow of traffic, vehicles shall be parked or stopped with the front of such vehicles to the marked or designated closed end of such parking stalls.

(Ord. 4828-13)

Section 98 -- Commercial and Delivery Vehicles; Loading and Unloading; Blocking Traffic; Removal of Vehicle; Duty of Police Department, shall be amended to read as follows:

No vehicle used for the transportation of merchandise, material or livestock and having a gross vehicle weight in excess of 12,000 pounds, and no semi-truck or tractor unit, may stand or be parked upon any street in the city unless permitted by appropriate signing as authorized by the governing body from time to time and except for the purpose of loading or unloading in the manner and under the conditions permitted by this section.

(Ord. 4828-13)

Section 118 -- Driving Through or on Private Property to Avoid Traffic Control Devices, shall be amended so as to be titled “Driving Through or on Private Property,” and to read as follows:

No person shall drive through the property of a gasoline service station or public entrance of any public or private property adjacent to any street or intersection to avoid any official traffic control device, or to short cut from one street to another, or so as to proceed in the opposite direction of travel upon the same street.

(Ord. 4828-13)

Section 105 -- Allowing Use of Motor Vehicle in Violation of K.S.A. 8-1014, shall be amended so as to be titled “Allowing Use of Motor Vehicle in Violation of Drivers License Restrictions or Suspension,” and to read as follows:

(a)   It shall be unlawful for the owner of a motor vehicle to allow a person to drive such vehicle when such owner knows or reasonably should have known such person was driving in violation of any drivers license restriction or suspension imposed pursuant to K.S.A. 8-1014, and amendments thereto.

(b)   Violation of this section is punishable by a fine of not less than $500 nor more than $1,000.  In addition to the fine imposed upon a person convicted of a violation of this section, the court may order that the convicted person’s motor vehicle or vehicles be impounded or immobilized for a period not to exceed one year and that the convicted person pay all towing, impoundment, and storage fees or other immobilization costs.  Prior to ordering the impoundment or immobilization of any such motor vehicle, the court shall consider the factors established in subsection (i)(3) of Section 30, and amendments thereto.  Any personal property in a vehicle impounded or immobilized pursuant to this section may be retrieved prior to or during the period of such impoundment or immobilization.

(Ord. 4828-13)

The Standard Traffic Ordinance is hereby amended to add a new section thereto, numbered and entitled Section 112.1 - Littering, to read as follows:

(a)   No person shall throw, place or drop litter or allow litter to be thrown, placed or dropped from a motor vehicle onto or upon any highway, road or street.  The driver of the vehicle may be cited for any litter thrown, placed or dropped from the motor vehicle, unless any other person in the motor vehicle admits to or is identified as having committed the act.

(b)   “Litter” means rubbish, refuse, waste material, garbage, trash or debris of whatever kind or description and includes improperly discarded paper, metal, plastic or glass.

(Ord. 4828-13)

Section 103 of the Standard Traffic Ordinance is hereby deleted.

(Ord. 4638-07, Sec. 2)

When signs are erected giving notice thereof, the parking, stopping and standing of vehicles shall be prohibited upon any of the following described streets or parts of streets, with school buses being excepted from such regulations as noted:

(a)   North side of that portion of East Fourth Street between Blaine Street and Duncan Street.

(b)   South side of East Fourth Street beginning at the West line of its intersection with North Duncan Street and extending to the East a distance of 370 feet.

(c)   South side of East Fourth Street beginning at the East line of its intersection with North Blaine Street and extending to the West a distance of 250 feet.

(d)   Both sides of Windsor Drive from the Southeasterly line of Normandy Road extending Southeasterly a distance of 360 feet.

(e)   South side of East Fourth Street beginning at a point 370 feet East of the West line of its intersection with North Duncan Street and extending to the East a distance of 21 0 feet; provided that such restrictions shall not apply to school buses.

(Ord. 4236; Ord. 4345-00)

The governing body, having determined upon the basis of an engineering and traffic investigation, that the speed limit permitted under state law and Section 33 of the Standard Traffic Ordinance is more or less than is reasonable or safe under the conditions found to exist upon the following streets and/or parts of the streets, it is hereby declared that the speed limits upon such streets and/or parts of streets declared shall be effective when appropriate signs giving notice thereof are erected upon such streets and/or parts of streets:

(a)   North Anderson Avenue from Twelfth Street to the north city limit – 35 mph;

(b)   West Broadway from Highland Street to Meridian Road - 35 mph;

(c)   North Kansas Avenue from east Twelfth Street to the north city limits - 30 mph;

(d)   South Kansas Avenue from southeast Fourteenth Street to Medical Center Drive - 35 mph;

(e)   South Kansas Avenue from Medical Center Drive to southeast Twenty-Fourth Street - 45 mph;

(f)   South Kansas Avenue from southeast Twenty-Fourth Street to the south city limits - 55 mph;

(g)   North Main Street from Ninth Street to the north city limit - 30 mph;

(h)   Meridian Road from west First Street to west Broadway - 30 mph;

(i)    Meridian road from west First Street to 1/4 mile south - 35 mph;

(j)    Meridian Road from Sharps Drive to 1/4 mile north - 45 mph;

(k)   Spencer Road from north city limit to south city limit - 40 mph;

(l)    Washington Road from southeast Fifth Street to southeast Fourteenth Street - 35 mph;

(m)  West First Street from Grandview Avenue to Meridian Road -40 mph;

(n)   West First Street from Meridian Road to the west city limit - 30 mph;

(o)   East First Street from Sherman Drive to Spencer Road - 30 mph;

(p)   East First Street from Spencer Road to the east city limit - 40 mph;

(q)   East Twelfth Street from Walnut Street to the east city limit - 35 mph;

(r)    Southwest and southeast Fourteenth Street from Anderson Avenue to Kansas Avenue - 35 mph;

(s)   Southeast Fourteenth Street connector from Kansas Avenue to Spencer Road - 30 mph;

(t)    Old 81 Highway from north Main Street to Terrace Drive - 35 mph;

(u)   Old 81 Highway from Terrace Drive to the north city limits - 45 mph.

(Ord. 4222, Sec. 1)

In accordance with the provisions of K.S.A. 8-2002(a) and when signs are erected giving notice thereof drivers of vehicles shall stop or yield as the sign directs at every intersection before entering any of the following streets or parts of streets which are hereby designated through streets:

(a)   Main Street from Southeast Fourth Street to Eighteenth Street;

(b)   First Street from west city limits to east city limits, except at Main Street;

(c)   Kansas Avenue from First Street south to the city limits;

(d)   East Eighth Street from Main Street to High Street;

(e)   Broadway from the city limits on the west to the city limits on the east, except at Main Street;

(f)   Washington Road from Southeast Fourth Street to south city limits;

(g)   Highway 50-S, being the street paralleling the right-of-way of the Atchison, Topeka and Santa Fe Railway, from High Street northeast to the city limits;

(h)   High Street from its intersection with East Second Street north to its intersection with U.S. Highway 50-S: Provided, That the designation of High Street as described and set forth hereinabove shall not operate to relieve traffic on such street from the obligation to stop as provided herein, where such High Street intersects with East Broadway;

(i)    West Fifth Street from Poplar Street to Meridian Road, with a stop sign at Columbus;

(j)    West Tenth Street from Main Street to Grandview;

(k)   Pine Street from East First Street to Southeast Fourteenth Street, with stop sign at Washington Road;

(l)    Old Main Street from West First Street to South Fourteenth Street;

(m)  Walnut Street from East First Street to Twelfth Street, with stop sign at Broadway and at Eighth Street;

(n)   Body Street from the west Fifth Street to West Twelfth Street;

(o)   Anderson Street from West Twelfth north to the city limits;

(p)   Spencer Road from the north city limits to the south city limits;

(q)   Twelfth Street from the west city limits to the east city limits;

(r)    Southeast Fourteenth Street from Kansas Avenue west to the city limits.

(Code 1976, Sec. 21-105)

When signs are erected giving notice thereof no person shall at any time park a vehicle upon any of the following described streets or parts of streets:

(a)   West Broadway from the west line of Highland to the city limits;

(b)   Washington Road from the south line of Southeast Fourth Street southeasterly to the intersection of Kansas Avenue;

(c)   East side of High Street from the north line of East First Street to the south line of East Twelfth Street;

(d)   East side of Plum Street from the north line of West Fourth Street to the south line of West Fifth Street;

(e)   East side of Poplar Street from the north line of West Broadway to the south line of West Seventh Street;

(f)   South Side of West Fourth Street from the east line of Poplar Street to the west line of Main Street;

(g)   North Side of West Fourth Street from the west line of Main Street to the east line of the alley between Main Street and Poplar Street;

(h)   South side of East Fifth Street starting at a point 330 feet east of the east line of Main Street northeasterly to the west line of Oak Street;

(i)    West side of Pine Street from the south line of East First Street to the north line of Washington Road, except west side of Pine Street from the south line of Southeast Second Street for a distance of150 feet south;

(j)    East side of Old Main Street from the south line of West First Street to the north side of the Slate Creek Bridge;

(k)   Southeast Fourth Street from the west line of Main Street to the east line of Old Main Street;

(l)    East side of Oak Street from the alley between Third Street and Fourth Street to the north line of East Third Street;

(m)  North side of East Third Street from the east line of Oak Street for a distance of 150 feet;

(n)   East side of Glendale Avenue from the north line of West First Street to the south line of West Fourth Street;

(o)   East side of Fairview Avenue from the north line of West First Street to the south line of West Fourth Street;

(p)   West side of Ash Street from the north line of West Sixth Street to the south line of the alley between Sixth Street and Broadway;

(q)   North side of West Sixth Street from the west line of Ash Street for a distance of 150 feet west;

(r)    North side of East First Street from the east line of Pine Street to the west line of Muse Street;

(s)   East side of Magnolia Street from the south line of Broadway for a distance of 150 feet;

(t)    West side of Pine Street between Seventh Street and Broadway;

(u)   South side of Southeast Second from east line of Pine Street to the west line of Muse Street;

(v)   East side of Ash Street from the north line of West Fourth Street to the south line of Tenth Street;

(w)  West side of Plum Street from the north line of Fifth Street to the south line of Broadway;

(x)   South side of East Eighth Street from the east line of Oak Street East for a distance of 150 feet;

(y)   North side of West Seventh, east line of Poplar, east to alley;

(z)   East side of Muse Street from Southeast Second Street to Southeast Fourth Street;

(aa) Both sides of Meridian Road from West First Street to West Broadway;

(bb) South side of Southeast Eleventh Street from Washington Road 257 feet west;

(cc) East side of Poplar Street from West Eighth Street to West Tenth Street during the following hours: 7:00 a.m. to 4:00 p.m., Monday through Friday during the months schools are in session;

(dd) Main Street from Eighth Street north to the Missouri Pacific right-of-way;

(ee) North side of East First Street from Main Street to the east city limits;

(ff)  Both sides of West First Street from Main Street to Old Main Street;

(gg) Both sides of East Twelfth Street from Main Street to Pine Street;

(hh) East side of Allison Street from First Street and South East Fourth Street;

(ii)   West side of Harrison Street from First Street and South East Fourth Street;

(jj)   Twelfth Street from Grandview to Body Avenue, and from Main Street to the Sand Creek Bridge;

(kk) West side of Grandview from north line of Broadway to north line of West Eighth Street, and from the north line of West Tenth Street to the south line of West Twelfth Street:

(ll)   West side Walnut from north line of Broadway to south line of Twelfth Street;

(mm)        West side Walnut from south line of First Street to north line of Southeast Second;

(nn) West side of South Poplar from the South line of the alley between SW 2nd Street and SW 3rd Street to the North line of SW 3rd Street.

(oo) West side of Santa Fe St from north line of Fifth Street to south line of Sixth Street;

(pp) East side of Main Street from south line of Fifth Street to approximately 150 feet south;

(qq) East side of Ash Street from Sand Creek Bridge to south line of Tenth Street;

(rr)  East side of Main Street from south side of Fifth Street to 150 feet south;

(ss)  North side of Southeast Second Street from the east line of Muse to a point 99 feet east of the east line of Walnut Street;

(tt)   South side of West First Street from Old Main Street west to the vacated alley in West First Street;

(uu) Sherman Drive from the south line of East First Street south a distance of 318 feet;

(vv) West side of North Plum Street from the north line of First Street to the alley approximately 165 feet north.

(ww)         South side of West Fifteenth Street from the west line of Main Street to the east line of the alley between Main and Plum Streets.

(zz) On the west side of Evans Avenue from a point 460 feet south of the south line of West 1st Street to the north line of Southwest 4th Street; and on the east side of Evans Avenue from the south line of West 1st south a distance of 505 feet; provided, however, that the no-parking restrictions as to the portion of the west side of Evans Avenue from Singletree Drive to Buckboard Drive shall be in effect only from the times of 7:00 a.m. to 10:00 p.m.

(aaa)         South side of west First Street from the east line of south Plum Street east a distance of 206 feet.

(bbb)        Both sides of Southeast Fourteenth Street from South Kansas Avenue (K- 15 Highway) to Logan Street.

(ddd)        Both sides of Southeast 9th Street from Spencer Road to Douglass Drive.

(eee)         East side of Plum Street from the South line of Broadway to a point 110 feet to the South.

(fff) West side of Poplar between 5th and 6th Streets from the alley to a point 53 feet north of the alley.

(ggg)         Both sides of Boyd Avenue from the North line of West 12th Street to a point 850 feet to the North, being the North line of the driveway entrance to Newton High School.

(hhh)        West side of that portion of South Plum between SW 12th (West of Plum) and SW 12th (East of Plum), approximately 150 feet.

(Ord. 3820, Sec. 1; Ord. 3965, Sec. 1; Ord. 4039, Sec. 1; Ord. 4237, Sec. 1; Ord. 4263-98; Ord. 4292-99; Ord. 4319-99; Ord.4369-00; Ord. 4649-07; Ord. 4713-09; Ord. 4853-14)

Angle parking at the angle indicated on the curb, sidewalk, or pavement by signs is hereby permitted on the following streets:

(a)   North side of East Second Street from the east line of Main Street to the west line of the alley between Main and Oak Streets;

(b)   North side of West Second Street from the west line of Main Street to the east line of the alley between Main and Poplar Streets;

(c)   North side of west Third Street from the west line of Main Street to the office building;

(d)   Both sides of Fifth Street from the Santa Fe Railway property line to the east line of Poplar Street;

(e)   North side of Fifth Street from the west line of Poplar for a distance of 150 feet west;

(f)   Both sides of Sixth Street from the Santa Fe Railway west property line to the east line of Plum Street;

(g)   South side of Seventh Street from the east line of Main Street to the west line of the alley between Main and Oak Streets;

(h)   North side of Seventh Street from the west line of Main Street to the east line of the alley between Main and Poplar Streets;

(i)    Both sides of Broadway from Oak to Poplar;

(j)    North side of Seventh Street from the west line of Poplar Street to the east line of Plum Street;

(k)   South side of Southeast Second Street from the west line of Pine Street to the east line of the alley between Pine and Harrison Streets;

(l)    West side of Pine Street from the south line of Southeast Second Street for a distance of 150 feet south;

(m)  East side of Oak Street from the south line of Fourth Street to the north line of the alley between Third and Fourth Streets;

(n)   North side of East Broadway from Walnut Street to Kansas Avenue, except for railroad rights-of-way.

(Code 1980, 21-107; Ord. 3948, Sec. 2)

The operation of commercial trucks, except pick-up trucks, local farm trucks hauling agricultural products to market in the city, and local delivery trucks, shall be and the same is hereby prohibited on all streets in the city, except West First Street, and such streets as are designated by the State Highway Commission as connecting links of through highways; provided, that any truck required to enter upon any streets in the city to pick up or to deliver merchandise, wheat or other agricultural products or household good shall be exempted from such prohibition while traveling to or from such pick up or delivery. Such designation and restriction shall be effective upon the placing of appropriate signs on such restricted streets.

(Code 1975, 21-108)

No driver of any vehicle shall permit the same to stand or be parked in the area of streets, the entire width of the front entrance of any theater or hotel, except for such period of time as may be necessary to load and unload passengers.

(Code 1975, 21-109)

Limitations on parking in certain alleys of the business district in the city shall be as follows:

(a)   No person shall park any vehicle at any time on the east side of the alley between Main and Oak Streets and from East Fifth Street to East Seventh Street, nor on the west side of the alley between Main Street and Poplar Street and from West Fourth Street to West Eighth Street.

(b)   No person shall park any vehicle on the west side of the alley between Main and Oak Streets from East Fifth Street to East Seventh Street, nor on the east side of the alley between Main and Poplar Streets from West Fourth Street to West Eighth Street for any time of greater duration than 15 minutes and for the purpose of loading or unloading only.

(Code 1975, 21-110)

Yellow coloring upon the face and top of curbing shall designate a no parking zone and no person shall park a vehicle at any time in such zone, except that where appropriate signs are placed in yellow zones designating loading and unloading zones, vehicles may be parked for such period of time as may be necessary to load and unload passengers.

(Code 1975, 21-111)

No driver of any vehicle shall pass through, turn into or pass from the rear any funeral, parade or authorized procession.

(Code 1975, 21-112)

In accordance with the provisions of Section 99 of the Standard Traffic Ordinance, the city manager shall designate such taxicab, baggage, truck or bus stand as he or she shall deem necessary; provided, that the applicant for such stand shall present written permission from the occupant of the ground floor of the property abutting on the street at the place where he or she desires such stand to be established. No such stand shall be established on Main Street between Second Street and Seventh Street. Such stand shall be designated by white or yellow lines painted on the pavement and in addition shall have a sign standing on the curb with the words “No Parking Taxi-Stand” in letters not less than one-half inch in height. Such sign is to be of metal and affixed to a metal standard having a weighted base, the base, standard and sign to be three feet, six inches in height and to be furnished by the person desiring such taxi, baggage, truck or bus stand. The city manager shall have the power and authority to revoke the designation of such stands at any time for cause.

(Code 1975, 21-113)

At such times as there shall be in force and effect resolutions of the Board of Education of USD 373 and/or the board of county commissioners of Harvey County consenting to the traffic and parking regulations of the city being applicable to and enforceable upon improved portions of property owned by USD 373 and Harvey County which are provided for the operation and/or parking of vehicles as defined in the Standard Traffic Ordinance, then such private property shall thereafter be deemed to be under the traffic and parking regulations of the city as provided by law, in addition to such regulations as by law are by their terms applicable to private property. By such resolution, or by separate resolution, the board of county commissioners may designate time limitations for certain parking spaces and may designate certain parking spaces to be reserved for handicapped parking. Upon publication of such resolution and upon the erection of signs giving notice of such designations, violation of such time limitations and parking restrictions shall be enforceable and punishable as a parking regulation of the city.

(Ord. 4214, Sec. 1)

It shall be unlawful for any person to drive or operate a vehicle upon the streets, alleys or highways of the city in a careless or heedless manner or in an inattentive manner, or without due caution and circumspection, or in any manner not constituting reckless driving but so as to endanger any person or property.

(Code 1977, 21-114.1)

No person shall drive or operate a motor vehicle or bicycle upon any street or highway in the city while wearing any type of headset, earphone or earphones.

(Code 1977, 21-115)

It shall be unlawful for any person to operate a motor vehicle in any manner in violation of the restrictions imposed in a restricted driver’s license issued to such person, pursuant to K.S.A. 8-245 and any amendments thereto.

(K.S.A. 8-245, Ord. 3613)

Every person convicted of a violation of any of the provisions of this article or by the schedule of fines established by the judge of the municipal court shall be punished for first conviction thereof by a fine of not more than $100, or by imprisonment for not more than 10 days, or by both such fine and imprisonment; for a second such conviction within one year thereafter such person shall be punished by a fine of not more than $200, or by imprisonment for not more than 20 days, or by both such fine and imprisonment; upon a third or subsequent conviction within one year after the first conviction such person shall be punished by a fine of not more than $500, or by imprisonment for not more than six months, or by both such fine and imprisonment; provided, that the penalties prescribed in the Standard Traffic Ordinance incorporated by reference by section 21-101 of this article shall prevail as to violation of its provisions.

(Ord. 3974, Sec. 1)

The following enumerated offenses within the Standard Traffic Ordinance shall include the corresponding minimum mandatory fines:

(a)   STO 106 - Transportation of Alcoholic Beverage.  The minimum mandatory fine for this offense shall be $200.

(b)   STO 192 – Driver’s License.  The minimum mandatory fine for this offense shall be $250.

(c)   STO 194 – Driving While License Canceled, Suspended or Revoked.  For a first offense, the minimum mandatory fine shall be $200.  For a second offense, the minimum mandatory fine shall be $300.

(d)   STO 195 - Driving in Violation of Restrictions.  The minimum mandatory fine for this offense upon a first conviction shall be $200.  The minimum mandatory fine for this offense upon a second conviction shall be $250.

(e)   STO 195.1 – Operation of a Motor Vehicle When a Habitual Violator.  The minimum mandatory fine for this offense upon a first conviction shall be $500.  The minimum mandatory fine for this offense upon a second conviction shall be $1,000.

(Ord. 4854-14)