This article is enacted for the purpose of establishing the scope of the permissible operation of Work Site Utility Vehicles within the corporate boundaries of McLouth, Kansas.

(Ord. 2011-09; Code 2012; Ord. 2019-07)

The enactment of this article is expressly permitted by K.S.A. 8-15,109, which permits municipalities of the State of Kansas to authorize the operation of work site utility vehicles within municipal boundaries.

(Ord. 2011-09; Code 2012; Ord. 2019-07)

The following definitions apply to this article.

(a)   City means the City of McLouth, Kansas.

(b)   Work Site Utility Vehicle means any vehicle that is not less than 48 inches in width, has an unladen weight, including fuel and fluids, of more than 800 pounds and is equipped with four or more non-highway tires, a steering wheel and bench or bucket-type seating allowing at least 2 people to sit side-by-side, seat belts for all operators, head lamps, tail and brake lamps and may be equipped with a bed or cargo box for hauling materials, “Work-Site Utility Vehicle” does not include a micro utility truck.

(Ord. 2011-09; Code 2012; Ord. 2019-05; Ord. 2019-07)

The operation of Work Site Utility Vehicles on the public highways of McLouth, Kansas is permitted, except that:

(a)   Use is permitted only on highways with a speed limit of 30 miles per hour or less, except that such vehicles may cross a roadway with a greater maximum posted speed in a perpendicular route after yielding to cross traffic;

(b)   A person operating a Work Site Utility Vehicle must stay to the right of all traffic except when making turns; and

(c)   Any person operating a Work Site Utility Vehicle not equipped with a windshield must wear eye protection while the Work Site Utility Vehicle is in motion.

(Ord. 2011-09; Code 2012; Ord. 2019-07)

Any person operating a Work Site Utility Vehicle within the boundaries of the city must abide by the following requirements:

(a)   Must possess a valid driver’s license issued under the laws of this or any other state; and

(b)   Must pass a vehicle inspection by the McLouth Police Department; and

(c)   Must pay the annual City registration fee as established by resolution; and

(d)   Must display the City issued decal for the current registration period; and

(e)   Must provide the City with proof of valid insurance as required by 14-306 when registering the Work Site Utility Vehicle annually.

City registration shall run from October 1st to September 30th and those registering their Work Site Utility Vehicle shall pay the full registration fee regardless of the time of registration during that one (1) year period.

(Ord. 2011-09; Code 2012; Ord. 2019-07)

Any person operating a Work Site Utility Vehicle within the boundaries of the city must maintain in force a valid policy of insurance covering said Work Site Utility Vehicle as established in K.S.A. 40-3101 et seq., and Standard Traffic Ordinance Section 200, including liability for damages for injury to property, injury to persons, and death.

(Ord. 2011-09; Code 2012; Ord. 2019-07)

Except as otherwise provided herein, an operator of a Work Site Utility Vehicle is subject to the laws regulating vehicle traffic as set forth in K.S.A. 8-101 et seq., and the Standard Traffic Ordinance incorporated in Chapter XIV, Article 1 of the McLouth Municipal Code, including any punishments for violations thereof.

(Ord. 2011-09; Code 2012; Ord. 2019-07)

(a)   Any person guilty of operating a Work Site Utility Vehicle on the public highways of the city in a manner not permitted in this article, shall, upon the first conviction, be fined two hundred fifty dollars ($250); and

(b)   Any person guilty of operating a Work Site Utility Vehicle on the public highways of the city in a manner not permitted in this article, shall, upon the second and all subsequent convictions, be fined two hundred fifty dollars ($250); and

(c)   Any violation of this Ordinance may be cause for revocation of the City of McLouth issued registration. Registration may be revoked for cause, effective immediately, by the Chief of Police with notice provided to the owner/operator in writing within a reasonable amount of time. Registration that has been revoked by the Chief of Police may be appealed to the Governing Body of the City of McLouth by filing a written appeal with the City Clerk within five (5) business days of the date of the written notice of revocation. The Governing Body may choose to hear or refuse to hear the appeal. If the Governing Body chooses to hear the appeal, they may sustain the revocation, they may rescind the decision of the Chief of Police and reissue the registration, or they may reissue the registration with restrictions.

(Ord. 2011-09; Code 2012; Ord. 2019-07)