City of Troy, Kansas                                  Created Jan 14, 2011

CITYOFTROY,KANSAS ORDINANCENO.722

ANORDINANCE OFTHECITYOFTROY,KANSAS,REGARDINGTHEOPERATIONOFALL-TERRAIN VEHICLES, WORK-SITE UTILITY VEHICLES , MICRO-UTILITY TRUCKSAND GOLF CARTS WITHIN THE CITY OF TROY, KANSAS; PRESCRIBING PENALTIESFOR THE UNLAWFUL OPERATION THEREOF; AND REPEALING SECTIONS 114.1, 114.4AND114.5OFTHE"STANDARDTRAFFICORDINANCEFORKANSASCITIES",EDITION OF 2020, INCORPORATED BY REFERENCE INTO CITY OF TROY, KANSASORDINANCE NO. 719, CITY OF TROY, KANSAS ORDINANCE NO. 671, AND ALL OTHERORDINANCESANDPARTS OFORDINANCESINCONFLICTHEREWITH.

BEITORDAINEDBYTHEGOVERNINGBODYOFTHECITYOFTROY,KANSAS:

SECTION 1.The following words and phrases when used in this Ordinance shall have themeaningsrespectivelyascribedtothemherein:

(A)             "All-Terrain Vehicle" means any motorized  non-highway vehicle 50 inches or lessin width, having a dry weight of 1,500 pounds or less, and traveling on 3 or morenon-highwaytires;

(B)             "Work-Site Utility Vehicle" means any motor vehicle which is not less than 48inchesinwidth,hasanunladenweight,includingfuelandfluids,ofmorethan800pounds and is equipped with four or more non-highway tires, a steering wheel andbench or bucket-type seating allowing at least two people to sit side-by-side, andmaybeequippedwithabedorcargoboxforhaulingmaterials.

(C)             "Micro-Utility Truck" means any motor vehicle which is not less than 48 inches inwidth, has an overall length, including the bumper, of not more than 160 inches,has an unladen weight, including fuel and fluids, of more than 1,500 pounds, canexceed 40 miles per hour as originally manufactured and is manufactured with amedalcab."Micro-UtilityTruck"doesnotincludeawork-siteutility vehicle.

(D)             "Golf Cart" means a motor vehicle that has not less than 3 wheels in contact withthe ground, an unladen weight of not more than 1,800 pounds, is designed to be andis operated at not more than 25 miles per hour and is designed to carry not morethan4personsincludingthedriver.

SECTION 2.Except as hereinafter provided, it shall be unlawful for any person to operate an All­Terrain Vehicle, a Work-Site Utility Vehicle, a Micro-Utility Truck or a Golf Cart upon any street,alley, roadway,highway,right-of-way,publicwayorpublicplacewithintheCityofTroy,Kansas.

SECTION 3.  All-Terrain Vehicles, Work-Site Utility Vehicles, Micro-Utility  Trucks and GolfCartsmaybeoperateduponanyportionofastreet,alley,roadwayorhighwaywithintheCityof

Troy, Kansas,which is open to theuse of the public for purposes of motorvehicle travel,upon thefollowingtermsand conditions,to wit:

(A)             iNo All-TerrainVehicle , Work-Site Utility Vehicle, Micro-Utility Truck or GolfCart poweredby a two-stroke engine may be granted a registration sticker pursuanttothisordinance.

(B)               very All-Terrain Vehicle,ork-Site Utility Vehicle, Micro-Ut lity True o GolfCart operated upon any portion of a street, alley, roadway or highway within theCity of Troy, Kansas shall be registered with the city and shall have affixed to therear of the vehicle in any area clearly visible to any law enforcement officer aregistration sticker issued by the City of Troy for such vehicle.The registrationsticker issued by the City of Troy shall not be transferrable.All registration stickersshall be valid through December 31 of the year for which such was issued .The feefor registering an All-Terrain Vehicle, Work-Site Utility Vehicle, Micro-UtilityTruck or Golf Cart in the City of Troy, Kansas shall be $25.00. A registrationsticker not clearly visible to and readable by a law enforcement officer shall begrounds for a law enforcement officer to stop said vehicle. No registration stickershallbeissuedforanAll-TerrainVehicle,aWork-SiteUtilityVehicle,aMicro­r tility Truck or a Golf Cart until the City has been provided proof that said vehiclehasliabilityinsurance coveragethereon asprovidedforinSection3(E)ofthisordinance.

(C)              The operator of an All-TerrainVehicle , aWork-SiteUtilityVehicle, a Micro­UtilityTruckoraGolfCartmustbeatleast18yearsofage.

(D)             The operatorof anAll-TerrainVehicle,aWork-SiteUtilityVehicle,a Micro­UtilityTruckor a Golf Cart must have a valid driver ' s license, must have saidlicensewiththemwhileoperatingtheAll-TerrainVehicle,Work-SiteUtilityjVe hicle, Micro-UtilityTruck or Golf Cart, and must COI.Tip ly with all restrictionsnotedon saidlicense.

(E)              Any All-Terrain Vehicle, Work-Site Utility Vehicle , Micro-Utility Truck or GolfCart operated upon any street, alley, roadway, or highway within the City of Troymusthaveliabilityinsurancecoveragethereon.Thepolicyprovidingsuchcoverageshallmeetthesamerequirementsas imposedbyKS.A.40-3107forMotor Vehicle Liability Insurance Policies.Any person operating an All-TerrainVehicle, Work-Site Utility Vehicle, Micro-Utility Truck or Golf Cart shall display,upon demand by a law enforcement officer, evidence ofliability insurance coverageon the All-Terrain Vehicle, Work-Site Utility Vehicle, Micro-Utility Truck or GolfCartbeingoperated.

(F)               The operator of an All-TerrainVehicle, Work-Site Utility Vehicle, Micro-UtilityTruck or Golf Cart must obey all traffic laws and regulations applicable to motorvehiclesandthedriversthereofrelativetotrafficcontrolsignsandsignals,

stopping,turning,speed,right-of-way,parking,useoftheroadway,passing,drivingundertheinfluenceofalcoholordrugs,andtheexerciseofduecare.

(G)            The operator of an All-Terrain Vehicle, Work-Site Utility Vehicle, Micro-UtilityTruck or Golf Cart which is equipped with electric tum signal lamps shall givenoticeofintention totuminthesamemannerasisrequiredofmotorvehiclesthusequipped.The operator of an All-Terrain Vehicle, Work-Site Utility Vehicle,Micro-Utility Truck or Golf Cart which is not equipped with electric tum signalsshall give notice of intention to tum by means of hand and arm signals.All handand arm signals shall be given from the left side of the vehicle in the followingmannerandsuchsignalsshallindicateasfollows:

(1)               LeftTum.Handandarmextendedhorizontally.

(2)               RightTum.Handandarmextendedup-ward.

(3)              Stopordecreasespeed.Handandarmextendeddownward.

(H)             Except as hereinafter provided, no All-Terrain Vehicle, Work-Site Utility Vehicle,Micro-UtilityTruck or Golf Cart, even if equipped with lights as hereinafterprovided, shall be operated between 9:00 P.M. and 4:00 A.M. of the following day.All-Terrain Vehicles, Work-Site Utility Vehicles, Micro-Utility Truck and GolfCarts which are regularly and routinely kept/stored in the City of Troy, Kansas andwhich are outside the city limits of the City of Troy, Kansas after 9:00 P.M., maydrive said vehicle from the point where it enters the City of Troy, Kansas, to theplaceatwhichthevehicleisregularlyandroutinelykept/stored,utilizingthemostdirect routebetween said point of entry into the city and the place where the vehicleisregularlyandroutinelykept/stored.

(I)                No All-TerrainVehicle, Work-SiteUtilityVehicle, Micro-UtilityTruck or GolfCart shall be operated after sunset unless equiQped with operable headlights andtaillightsasrequiredbylaw formotorcycles.

(J)               ApersonoperatinganAll-TerrainVehicleshall rideonlyuponthepermanent andregular seat attached thereto, and such operator shall not carry any other person norshall any other person ride on the All-Terrain Vehicle unless such is designated tocarry more than one person, in which event a maximum of one passenger, who mustbe at least 14 years of age, may ride upon the permanent and regular seat if designedor 2 persons.A passenger must be seated at the rear of the operator and at no otherplace and always ride in a position which will not interfere with the operation orcontrol of the All-Terrain Vehicle.Any passenger under the age of 18 years must,while the All-Terrain Vehicle is in motion, be wearing a helmet which complieswith minimum performance requirements established by the National HighwayTraffic Safety Administration pursuant to the National Traffic and Motor VehicleSafety Act of 1966, as amended, for helmets designed for use by motorcyclists andothermotorvehicleusers.

(K)             The operator of an All-Terrain Vehicle and any passenger thereon shall ride onlywhilesittingastridetheseat,facingforward,withonelegoneach sideoftheAll­TerrainVehicle.

(L)              No person shall operate an All-Terrain Vehicle while carrying any package, bundle,article or cargo of any kind which prevents such person from keeping both handsonthehandlebars.

(M)           ApersonoperatingaWork-SiteUtilityVehicle, Micro-UtilityTruckorGolfCartshallrideupon/occupyonlyuponthepermanentandregulardriver'sseatattachedthereto.No Work-Site Utility Vehicle, Micro-Utility Truck or Golf Cart shall beoccupied by more persons than the manufacturer thereof has designated as themaximumnumberofpersonssaid vehicle may safelybeoccupiedby.

No person shall operate an All-Terrain Vehicle, Work-Site Utility Vehicle, Micro..Utility Truck or Golf cart unless he or she is wearing an eye-protective device,which shall consist of eye glasses, sunglasses, goggles, or a transparent face shield,exceptwhentheAll-TerrainVehicle,Work-SiteUtilityVehicle,Micro-UtilityIf ruck or Golf Cart is equipped with a wind screen which has a minimum height of10 inches measured from the center of the handle pars on an All-Terrain Vehicle orfrom  thetopofthedashona  Work-Site  Utility  Vehicle,  Micro-Utility  Truck  or1 GolfCart.

SECTION 4.Any person who operates an All-Terrain Vehicle, a Work-Site Utility Vehicle, aMicro-UtilityTruckoraGolfCartuponanystreet,alley,roadway,highway,right-of-way,public

\vay, or public place within the City of Troy, Kansas to which is affixed a certificate issuedpursuant to the terms and provisions of this ordinance is deemed to have given consent to beingstopped by any law enforcement officer to determine that the vehicle being operated and the personoperatingsuchareincompliancewiththetermsand provisionsofthisordinance.

SECTION 5.Any person found guilty of violating the terms and provisions of this Ordinance,shall, upon a first conviction, be sentenced to pay a fine which shall be fixed by the Court at notess than $50.00 nor more than $500.00.If a person is convicted of having violated any of theterms and provisions of this Ordinance after having previouslybeen convicted of any suchviolation,saidpersonshallbesentencedtopayafinefixedbytheCourtofnotlessthan$100.00nor more than $1,000.00, and may, in addition to said fine, be sentenced to a definite terms ofconfinementintheCountyJailinwhichshallbefixedbytheCourtandshallnotexceed30days.

SECTION 6. Any person who is convicted of having violated any of the terms and provisions ofhis ordinance after having previously been convicted of any such violation shall, in addition tothefinesandconfinementprovidedforinSection5above,haveallregistrationstickersissuedtothem by the City of Troyterminatedand shallbe ineligible to apply for a new registration stickerforaperiodofoneyearfromthedateofsaidconviction.

SECTION 7.City of Troy, Kansas Ordinance No. 671, Sections 114.1, 114.4 and 114.5 of the"Standard Traffic Ordinance For Kansas Cities", Edition of 2020, incorporated by reference intoCity of Troy, Kansas Ordinance No. 719, and all other Ordinances and parts of Ordinances inconflictherewith areherebyrepealed.

SECTION 8.This Ordinance shall take effect and be in force from and after its publication in theofficialcitynewspaper.

Passedby  the  Governing  Body  and  Approved  by  the  Mayor  on  this         

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