CHAPTER XI. PUBLIC OFFENSESCHAPTER XI. PUBLIC OFFENSES\ARTICLE 5. REGULATION OF MOTORIZED WHEELED DEVICES

The intent of this Article is to supplement the Standard Traffic Ordinance adopted each year by the City to address specific concerns the City has with motorized wheeled devices that are not subject to being registered as vehicles by the Division of Vehicles of the Kansas Department of Revenue. Nothing herein is intended to conflict with the Standard Traffic Ordinance and, in the event a conflict arises, the Standard Traffic Ordinance shall supersede this Article.

(Ord. 2069, Sec. 1)

For the purpose of this Article, the following terms, phrases, words and their derivations shall mean:

(a)   City is the City of De Soto, Kansas.

(b)   Child is anyone thirteen (13) years of age or younger, whose care and custody as well as right to his or her earnings, repose in a parent or legal guardian.

(c)   Motorized Wheeled Device is any device with wheels that is propelled by a motor or battery, used to transport persons, and is not subject to being registered as a vehicle by the Division of Vehicles of the Kansas Department of Revenue.

(d)   Parent is any person having legal custody of a minor:

(1)   as a natural or adoptive parent,

(2)   as a legal guardian,

(3)   as a person who stands in loco parentis, or

(4)   as a person to whom legal custody has been given by court order.

(e)   Person is every natural person, firm, association, partnership or corporation.

(f)   Sidewalk is that portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians.

(g)   Street or Highway is the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular traffic. Where the word “highway” or the word “street” is used in this Article, it shall mean street, avenue, boulevard, thoroughfare, trafficway, alley and other public way for vehicular travel by whatever name unless the context clearly indicates otherwise.

(Ord. 2069, Sec. 1)

It is unlawful for any person to operate a motorized wheeled device on any City street or highway, or on any sidewalk in the downtown business district which is defined as any sidewalk adjoining and parallel to 83rd Street from Peoria to Shawnee Street.

(Ord. 2069, Sec. 1)

The following devices, or use of devices, shall be exempt from this Article and, therefore, not unlawful:

(a)   When the device is being used by or for a “Person with a Disability” (as defined by the Standard Traffic Ordinance) who, without use of the device, is unable to transport himself or herself;

(b)   When the device, upon application by the user and for good cause shown, is authorized to be used by the Governing Body, or when the device is being used in a City parade, or other community event authorized by the Governing Body, provided, however, that nothing herein shall be interpreted as relieving the user of such device from any other laws, ordinances, or regulations applicable to such use;

(c)   When the device is being used by law enforcement officers or by emergency personnel while in the performance of their official duties;

(d)   Lawn care equipment, construction equipment, or other commercial or residential equipment which temporarily enter upon a City street or sidewalk for the purpose of completing a task or project requiring such equipment, which task or project shall not be related to the transport of persons;

(e)   “Authorized Emergency Vehicle” as defined by the Standard Traffic Ordinance;

(f)   “Farm Tractor” as defined by the Standard Traffic Ordinance;

(g)   “House Trailer” as defined by the Standard Traffic Ordinance;

(h)   “Implement of Husbandry” as defined by the Standard Traffic Ordinance;

(i)    “Motorized Wheelchair” as defined by the Standard Traffic Ordinance;

(j)    “Recreational Vehicle” as defined by the Standard Traffic Ordinance;

(k)   “Special Mobile Equipment” as defined by the Standard Traffic Ordinance;

(l)    When the device is temporarily on the street for the purpose of crossing the street to access a City sidewalk except that, while on the street, the device shall only be transported by human power and shall not be ridden by the user of the device;

(m)  A golf cart that temporarily enters upon a street for the purpose of gaining access to a golf course or parts thereof.

(Ord. 2069, Sec. 1)

It shall be unlawful for a parent of a child to permit, or by insufficient control, to allow such child to violate Section 11-503 of this Article.

(Ord. 2069, Sec. 1)

(a)   If there is a violation of this Article by a child, law enforcement shall escort the child home and notify the child’s parent of the violation.

(b)   If there is a violation of this Article by any person other than a child, the person shall be charged and served a Notice to Appear in Municipal Court. Upon conviction, the person shall be sentenced to complete a community service program; however, in the alternative, the Municipal Court shall have the discretion to impose a fine not to exceed One Hundred Fifty Dollars ($150.00) and costs; or, to impose a sentence of both a community service program and a fine not to exceed One Hundred Fifty Dollars ($150.00) and costs.

(c)   If a parent, having custody or control of a child, authorizes or knowingly permits a child to violate Section 11-503 of this Article, said parent shall be charged and served a Notice to Appear in Municipal Court and, upon conviction, shall be subject to a fine not to exceed Two Hundred Dollars ($200.00) and costs. In lieu of a fine, the Municipal Court may impose probation; provided, however, that as a condition of probation, attendance is required at family counseling sessions by the parent having custody or control of the child.

(Ord. 2069, Sec. 1)