ORDINANCE NO. 1356                

 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF OSWEGO, KANSAS TO ESTABLISH REGULATIONS FOR THE LAWFUL OPERATION OF WORK-SITE UTILITY VEHICLE, ALSO KNOWN AS UTILITY TASK VEHICLE OR UTILITY TERRAIN VEHICLE, ON CITY STREETS, AMENDING THE CODE OF THE CITY OF OSWEGO, CHAPTER  XIV, ARTICLE 2.

Be it Ordained by the Governing Body of the City of Oswego, Kansas:

Section 1.  OPERATION OF WORK-SITE UTILITY VEHICLES.  (a) Work-site utility vehicles may be operated upon the public highways, streets, roads and alleys within the corporate limits of the city.

            (b)  No work-site utility vehicle shall be operated on any public highway, street, road or alley between sunset and sunrise unless such vehicle is equipped with lights as required by law for motorcycles.  No work-site utility vehicle shall be operated on any interstate highway, federal highway or state highway, provided, however, that the provisions of this subsection shall not prohibit a work-site utility vehicle from crossing a federal or state highway.

            (c)  Every person operating a work-site utility vehicle on the public highways, streets, roads and alleys of the city shall be subject to all of the duties applicable to a driver of a vehicle imposed by law.

Section 2.  SAME: VALID DRIVER’S LICENSE REQUIRED; PENALTY.  No person shall operate a work-site utility vehicle on any public highway, street, road or alley within the corporate limits of the city unless such person has a valid driver’s license.  Violation of this section is punishable by a fine of not more than $1,000 or by imprisonment for not more than six months or by both such fine and imprisonment.

Section 3.  SAME; DEFINITION:  “Work-site utility vehicle” means any motor vehicle which is not less than 48 inches in width, has an overall length, including the bumper, of not more than 135 inches, has an unladen weight, including fuel and fluids, of more than 800 pounds and is equipped with four or more low pressure tires, a steering wheel and bench or bucket type seating allowing at least two people to sit side-by-side, and may be equipped with a bed or cargo box for hauling materials.  “Work-site utility vehicle” does not include a micro utility truck or recreational off-highway vehicle.

Section 4. SAME; PENALTY.  Unless specifically provided for herein, a violation of this ordinance shall be deemed an ordinance traffic infraction.  Upon an entry of a plea of guilty or no contest or upon being convicted of such violation, the penalty imposed shall be in accordance with Section 201, Standard Traffic Ordinance, and amendments thereto, or such other similar provision as the city may then have in effect.

Section 5.  SAME; DISPLAY OF SLOW-MOVING VEHICLE EMBLEM.  (a) It shall be illegal to operate a work-site utility vehicle on any public highway, street, road or alley within the corporate limits of the city unless such vehicle displays a slow moving vehicle emblem on the rear of the vehicle.

            (b) For the purpose of this section, “slow-moving vehicle emblem” has the same meaning as contained in K.S.A. 8-1717, and amendments thereto.

            (c) The slow-moving vehicle emblem shall be mounted and displayed in compliance with K.S.A. 8-1717, and amendments thereto.

Section 6.  SAME; INSURANCE REQUIRED; PENALTY: (a)  Every owner of a work-site utility vehicle shall maintain vehicle liability insurance specifically applicable to the work-site vehicle and in compliance with K.S.A. 8-1604, K.S.A. 40-3101, et seq., and amendments thereto and the Standard Traffic Ordinance for Kansas Cities as amended.

Section 8.  The Code of the City of Oswego will be amended to include this ordinance.

Section 9. PUBLICATION; EFFECTIVE DATE: This ordinance shall take effect and be in force from and after its publication in the official City newspaper. 

Passed and Approved by the City Council this 14th day of December, 2015.

Attest:

City Clerk Carol J. Eddington