Article 4. Special Use Vehicles

14-401. 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, unless such vehicles used to cross said interstate highway, federal highway or state highway where there is a city street directly across from Work-site utility vehicle. (example: Work-site utility can’t cross at any “T” intersection, such as, but not limited to; the corner of McGee Street (US 75) and Bull pup Blvd., and the corner of Rose Street and McGee Street, etc.). No WORK-SITE UTILITY VEHICLES, MICRO UTILITY TRUCKS, ALL TERRAIN VEHICLES AND GOLF CARTS shall drive upon Fourth Ave, from McGee Street to Wood Street at any time, nor shall said vehicles cross Fourth Ave at the corner of Fourth Ave and Spring Street and/or corner of Fourth Ave and State Street at any time. (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.

(Ord. 2139; Code 2022)

14-402. 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.

(Ord. 2139; Code 2022)

14-403. 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 unlade 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.

(Ord. 2139; Code 2022)

14-404. Same; penalty.

Unless specifically provided for herein, a violation of this section 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.

(Ord. 2139; Code 2022)

14-405. Same; insurance required; penalty.

(a) Every owner of a work-site utility vehicle shall provide liability coverage in accordance with Section 200 of the Standard Traffic Ordinance, and amendments thereto, and the Kansas Automobile Injury Reparations Act, K.S.A. 40-3101, et seq., and amendments thereto.

(b) All provisions of Section 200 of the Standard Traffic Ordinance, and amendments thereto, including penalty provisions, shall be applicable to all owners and operators of work-site utility vehicles.

(Ord. 2139; Code 2022)

14-406. Same; registration and license; fee; application; inspection; penalty.

(a) Before operating any work-site utility vehicle on any public highway, street, road or alley within the corporate limits of the city and each calendar year thereafter, the vehicle shall be registered with the city and a license shall be obtained and placed on the work-site utility vehicle. The license fee shall be Twenty-five dollars ($25.00) per calendar year, payable in advance to the City of Caney [police chief] [city clerk] [other person designated by the city]. The full amount of the license fee shall be required regardless of the time of year that the application is made.

(b) Application for registration of a work-site utility vehicle shall be made by the owner, or owner’s agent, in the office of the Caney Police Department [police chief] [city clerk] [other person designated by the city]. The application shall be made upon forms provided by the city and each application shall contain the name of the owner, the owner’s residence address, or bona fide place of business, a brief description of the vehicle to be registered (including make, model and serial number, if applicable). Proof of insurance, as required in Section 4 shall be furnished at the time of application for registration.

(c) Prior to the issuance of the registration and license, each applicant for a worksite utility vehicle license shall first present such vehicle for an official inspection. If, upon inspection and completion of the registration application, such vehicle is found to be in safe mechanical condition, and upon establishing proof of insurance and payment of the fees herein provided, a license shall be issued to the owner who shall attach it to the vehicle. The license shall be displayed in such a manner as to be clearly visible from the rear of the vehicle. The license number on the application will be recorded and then filed in the police department.

(d) It is unlawful for any person to willfully or maliciously remove, destroy, mutilate or alter such license during the time in which the same is operative.

(e) The license issued hereunder is not transferrable. In the event of sale or other transfer of ownership of any vehicle license under the provisions of this section, the existing license and the right to use the numbered license shall expire, and the license shall be removed by the owner. It is unlawful for any person other than the person to whom the license was originally issued to have the same in his possession.

(f) In the event a license is lost or destroyed, the [police chief] [city clerk] [other person designated by the city], upon proper showing by the licensee and the payment of a fee of Ten dollars ($10.00), shall issue a new license in accordance with the provisions of this section.

(g) It shall be unlawful for any person to:

(1) Operate, or for the owner thereof knowingly to permit the operation, upon a public street, road, highway, or alley within the corporate limits of the city any work-site utility vehicle as defined herein, which is not registered and which does not have attached thereto and displayed thereon the license assigned thereto by the city for the current registration year.

(2) Display, cause or permit to be displayed or to have in possession, any registration receipt, registration license or registration decal knowing the same to be fictitious or to have been canceled, revoked, suspended or altered. A violation of this subsection (2) shall constitute an unclassified misdemeanor punishable by a fine of not less than $100.00 and forfeiture of the item. A mandatory court appearance shall be required of any person violating this subsection.

(3) Lend to or knowingly permit the use by one not entitled thereto any registration receipt, registration license plate or registration decal issued to the person so lending or permitting the use thereof.

(4) Remove, conceal, alter, mark or deface the license number plate, plates or decals, or any other mark of identification upon any work-site utility vehicle. Licenses shall be kept clean and placed as required by law so as to be plainly visible and legible.

(5) Carry or display a registered number plate or plates or registration decal upon any work-site utility vehicle not lawfully issued for such vehicle.

(6) Any person convicted of a violation of any of the provisions of it, shall for the first conviction thereof be punished by a fine of not more than $1000.00; for a second such conviction within one year thereafter, such person shall be punished by a fine of not more than $1500.00; 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 $2000.00.

(Ord. 2139; Code 2022)

14-407. Operation of micro utility trucks:

(a) Micro utility trucks may be operated upon the public highways, streets, roads and alleys within the corporate limits of the city.

(b) No micro utility truck shall be operated on any public highway, street, road or alley, unless such truck complies with the equipment requirements under Article 17 of chapter 8 of the Kansas Statutes Annotated, and amendments thereto. No micro utility truck shall be operated on any interstate highway, federal highway or state highway; provided, however, that the provisions of this subsection shall not prohibit a micro utility truck from crossing a federal or state highway, unless such vehicles used to cross said interstate highway, federal highway or state highway where there is a city street directly across from Micro Utility Truck. (example: Micro Utility Truck can’t cross at any “T’ intersection, such as, but not limited to; the corner of McGee Street (US 75) and Bullpup Blvd., and the corner of Rose Street and McGee Street, etc.). No WORK-SITE UTILITY VEHICLES, MICRO UTILITY TRUCKS, ALL TERRAIN VEHICLES AND GOLF CARTS shall drive upon Fourth Street, from McGee Street to Wood Street at any time, nor shall said vehicles cross Fourth Ave at the corner of Fourth Ave and Spring Street and/or corner of Fourth Ave and State Street at any time.

(c) Every person operating a micro utility truck 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.

(Ord. 2139; Code 2022)

14-408. Same: valid driver’s license required; penalty.

No person shall operate a micro utility truck 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.

(Ord. 2139; Code 2022)

14-409. Same; definition.

“Micro utility truck” means any motor vehicle which is not less than 48 inches in width, has an overall length, including the bumper, of not more than 160 inches, has an unlade weight, including fuel and fluids, of more than 1,500 pounds, can exceed 40 miles per hour as originally manufactured and is manufactured with a metal cab. “Micro utility truck” does not include a work-site utility vehicle.

(Ord. 2139; Code 2022)

14-410. Same; penalty.

(Ord. 2139; Code 2022)

14-411. Same; insurance required; penalty:

(a) Every owner of a micro utility truck shall provide liability coverage in accordance with Section 200 of the Standard Traffic Ordinance, and amendments thereto, and the Kansas Automobile Injury Reparations Act, K.S.A. 40-3101, et seq., and amendments thereto.

(b) All provisions of Section 200 of the Standard Traffic Ordinance, and amendments thereto, including penalty provisions, shall be applicable to all owners and operators of micro utility trucks.

(Ord. 2139; Code 2022)

14-412. Same; registration and license; fee; application; inspection; penalty.

(a) Before operating any micro utility truck on any public highway, street, road or alley within the corporate limits of the city and each calendar year thereafter, the vehicle shall be registered with the city and a license shall be obtained and placed on the micro utility truck. The license fee shall be Twenty-Five Dollars ($25.00) per calendar year, payable in advance to the City of Caney [police chief] [city clerk] [other person designated by the city). The full amount of the license fee shall be required regardless of the time of year that the application is made.

(b) Application for registration of a micro utility truck shall be made by the owner, or owner’s agent, in the office of the Caney Police Department [police chief] [city clerk] [other person designated by the city]. The application shall be made upon forms provided by the city and each application shall contain the name of the owner, the owner’s residence address, or bona fide place of business, a brief description of the vehicle to be registered (including make, model and serial number, if applicable). Proof of insurance, as required in Section 11 shall be furnished at the time of application for registration.

(c) Prior to the issuance of the registration and license, each applicant for a micro utility truck license shall first present such vehicle for an official inspection. If upon inspection and completion of the registration application, such vehicle is found to be in safe mechanical condition, and upon establishing proof of insurance and payment of the fees herein provided, a license shall be issued to the owner who shall attach it to the vehicle. The license shall be displayed in such a manner as to be clearly visible from the rear of the vehicle. The license number on the application will be recorded and then filed in the police department.

(d) It is unlawful for any person to willfully or maliciously remove, destroy, mutilate or alter such license during the time in which the same is operative.

(f) In the event a license is lost or destroyed, the [police chief] [city clerk] [other person designated by the city], upon proper showing by the licensee and the payment of a fee of Ten Dollars ($10.00), shall issue a new license in accordance with the provisions of this section.

(g) It shall be unlawful for any person to:

(1) Operate, or for the owner thereof knowingly to permit the operation, upon a public street, road, highway, or alley within the corporate limits of the city any micro utility truck, as defined herein, which is not registered and which does not have attached thereto and displayed thereon the license assigned thereto by the city the current registration year.

(4) Remove, conceal, alter, mark or deface the license number plate, plates or decals, or any other mark of identification upon any micro utility truck. Licenses shall be kept clean and placed as required by law so as to be plainly visible and legible.

(5) Carry or display a registered number plate or plates or registration decal upon any micro utility truck not lawfully issued for such vehicle.

(Ord. 2139; Code 2022)

14-413. Operation of all-terrain vehicles.

(a) All-terrain vehicles may be operated upon the public highways, streets, roads and alleys within the corporate limits of the city; provided, however, that no all-terrain vehicle shall be operated on any interstate highway, federal highway or state highway, unless such vehicles used to cross said interstate highway, federal highway or state highway where there is a city street directly across from all-terrain vehicle. (example: All-terrain vehicle can’t cross at any “T” intersection, such as, but not limited to; the corner of McGee Street (US 75) and Bullpup Blvd., and the corner of Rose Street and McGee Street, etc.). No WORK-SITE UTILITY VEHICLES, MICRO UTILITY TRUCKS, ALL TERRAIN VEHICLES ANO GOLF CARTS shall drive upon Fourth Ave, from McGee Street to Wood Street at any time, nor shall said vehicles cross Fourth Ave at the corner of Fourth Ave and Spring Street and/or corner of Fourth Ave and State Street at any time.

(b) No all-terrain vehicle shall be operated on any public highway, street, road or alley between sunset and sunrise unless equipped with lights as required for motorcycles.

(c) Every person operating an all-terrain 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.

(d) A person operating an all-terrain vehicle shall ride only upon the permanent and regular seat attached thereto, and such operator shall not carry any other person nor shall any other person ride on an all-terrain vehicle, unless such all-terrain vehicle is designed to carry more than one (1) person, in which event a passenger may ride upon the permanent and regular seat if designed for two (2) persons, or upon another seat firmly attached to the all-terrain vehicle at the rear or side of the operator.

(e) A person shall ride upon an all-terrain vehicle only while sitting astride the seat, facing forward, with one leg on each side of the all-terrain vehicle.

(f) No person shall operate an all-terrain vehicle while carrying any package, bundle, or other article which prevents such person from keeping both hands on the handlebars.

(g) No operator shall carry any person, nor shall any person ride, in a position that will interfere with the operation or control of the all-terrain vehicle or the view of the operator.

(h) No all-terrain vehicles that have an engine less than 300cc and/or greater than 1100cc may be operated upon the public highways, streets, roads and alleys within the corporate limits of the City of Caney.

(Ord. 2139; Code 2022)

14-414. Same: valid driver’s license required; penalty.

No person shall operate an all-terrain 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.

(Ord. 2139; Code 2022)

14-415. Same; definition.

“All-terrain vehicle” means any motorized non-highway vehicle 50 inches or less in width, having a dry weight of 1,500 pounds or less, traveling on three or more non-highway tires, and having a seat to be straddled by the operator. As used in this subsection, “non-highway tire” means any pneumatic tire six inches or more in width, designed for use on wheels with rim diameter of 14 inches or less.

(a) No all-terrain vehicles that have an engine less than 300cc and/or greater than 1100cc may be operated upon the public highways, streets, roads and alleys within the corporate limits of the City of Caney.

(Ord. 2139; Code 2022)

14-416. Same; insurance required; penalty.

(a) Every owner of an all-terrain vehicle shall provide liability coverage in accordance with Section 200 of the Standard Traffic Ordinance, and amendments thereto, and the Kansas Automobile Injury Reparations Act, K.S.A. 40-3101, et seq., and amendments thereto.

(b) All provisions of Section 200 of the Standard Traffic Ordinance, and amendments thereto, including penalty provisions, shall be applicable to all owners and operators of all-terrain vehicles.

(Ord. 2139; Code 2022)

14-417. Same; registration and license; fee; application; inspection; penalty.

(a) Before operating any all-terrain vehicle on any public highway, street, road or alley within the corporate limits of the city and each calendar year thereafter, the vehicle shall be registered with the city and a license shall be obtained and placed on the all-terrain vehicle. The license fee shall be Twenty-Five Dollars ($25.00) per calendar year, payable in advance to the City of Caney [police chief] [city clerk] [other person designated by the city]. The full amount of the license fee shall be required regardless of the time of year that the application is made.

(b) Application for registration of an all-terrain vehicle shall be made by the owner, or owner’s agent, in the office of the Caney Police Department [police chief] [city clerk] [other person designated by the city]. The application shall be made upon forms provided by the city and each application shall contain the name of the owner, the owner’s residence address, or bona fide place of business, a brief description of the vehicle to be registered (including make, model and serial number, if applicable). Proof of insurance, as required in Section 16 shall be furnished at the time of application for registration.

(c) Prior to the issuance of the registration and license, each applicant for an all-terrain vehicle license shall first present such vehicle for an official inspection. If, upon inspection and completion of the registration application, such vehicle is found to be in safe mechanical condition, and upon establishing proof of insurance and payment of the fees herein provided, a license shall be issued to the owner who shall attach it to the vehicle. The license shall be displayed in such a manner as to be clearly visible from the rear of the vehicle. The license number on the application will be recorded and then filed in the police department.

(d) It is unlawful for any person to willfully or maliciously remove, destroy, mutilate or alter such licenses during the time in which the same is operative.

(f) In the event a license is lost or destroyed, the [police chief] [city clerk] [other person designated by the city] upon proper showing by the licensee and the payment of a fee of Ten Dollars ($10.00), shall issue a new license in accordance with the provisions of this section.

(g) It shall be unlawful for any person to:

(1) Operate, or for the owner thereof knowingly to permit the operation, upon a public street, road, highway, or alley within the corporate limits of the city any all-terrain vehicle, as defined herein, which is not registered and which does not have attached thereto and displayed thereon the license assigned thereto by the city for the current registration year.

(2) Display or cause or permit to be displayed, or to have in possession, any registration receipt, registration license or registration decal knowing the same to be fictitious or to have been canceled, revoked, suspended or altered. A violation of this subsection (2) shall constitute an unclassified misdemeanor punishable by a fine of not less than $100.00 and forfeiture of the item. A mandatory court appearance shall be required of any person violating this subsection.

(4) Remove, conceal, alter, mark or deface the license number plate, plates or decals, or any other mark of identification upon any all-terrain vehicle. Licenses shall be kept clean and placed as required by law so as to be plainly visible and legible.

(5) Carry or display a registered number plate or plates or registration decal upon any all-terrain utility vehicle not lawfully issued for such vehicle.

(Ord. 2139; Code 2022)

14-418. Same; roadways laned for traffic.

(a) All all-terrain vehicles are entitled to full use of a lane, and no motor vehicle shall be driven in such a manner as to deprive any all-terrain vehicle of the full use of a lane.

(b) The operator of an all-terrain vehicle shall not overtake and pass in the same lane occupied by the vehicle being overtaken.

(c) No person shall operate an all-terrain vehicle between lanes of traffic or between adjacent lines or rows of vehicles.

(d) All-terrain vehicles shall be operated no more than one (1) in a single lane.

(e) Subsections (b) and (c) shall not apply to police officers in the performance of their official duties.

(Ord. 2139; Code 2022)

14-419. Same; clinging to other vehicles prohibited.

No person riding upon an all-terrain vehicle shall attach himself, herself or the all-terrain vehicle to any other vehicle on a roadway.

(Ord. 2139; Code 2022)

14-420. Same; operation of all-terrain vehicles; equipment required for operators and riders.

(a) No person under the age of 18 years shall operate or ride upon an all-terrain vehicle unless wearing a helmet which complies with minimum guidelines established by the national highway traffic safety administration pursuant to the national traffic and motor vehicle safety act of 1966 for helmets designed for use by motorcyclists and other motor vehicle users.

(b) No person shall operate an all-terrain vehicle unless such person is wearing an eye-protective device which shall consist of protective glasses, goggles or transparent face shields which are shatter proof and impact resistant, except when the all-terrain vehicle is equipped with a windscreen which has a minimum height of 10 inches measured from the center of the handlebars.

(Ord. 2139; Code 2022)

14-421. Same; penalties.

Unless specifically provided herein, a violation of any provision in sections (13) through (20) 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.

(Ord. 2139; Code 2022)

14-422. Operation of golf carts.

(a) Golf carts may be operated upon the public highways, streets, roads and alleys within the corporate limits of the city; provided, however, that no golf cart may be operated upon any public highway, street, road and alley with a posted speed limit in excess of 30 miles per hour. No golf cart shall be operated on any interstate highway, federal highway or state highway; provided, however, that the provisions of this subsection shall not prohibit a golf cart from crossing a federal, unless such vehicles used to cross said interstate highway, federal highway or state highway where there is a city street directly across from Golf Cart. (example: Golf Carts can’t cross at any intersection, such as, but not limited to; the corner of McGee Street (US 75) and Bullpup Blvd., and the corner of Rose Street and McGee Street, etc.). No WORK-SITE UTILITY VEHICLES, MICRO UTILITY TRUCKS, ALL TERRAIN VEHICLES AND GOLF CARTS shall drive upon Fourth Ave, from McGee Street to Wood Street at any time, nor shall said vehicles cross Fourth Ave at the corner of Fourth Ave and Spring Street and/or corner of Fourth Ave and State Street at any time or a street or highway with a posted speed limit greater than 30 miles per hour.

(b) No golf cart shall be operated on any public highway, street, road or alley between sunset and sunrise.

(c) Every person operating a golf cart 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.

(Ord. 2139; Code 2022)

14-423. Same: valid driver’s license required; penalty.

No person shall operate a golf cart 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.

(Ord. 2139; Code 2022)

14-424. Same; definition.

“Golf cart” means a motor vehicle that has not less than three wheels in contact with the ground, an unlade weight of not more than 1,800 pounds, is designed to be operated at not more than 25 miles per hour and is designed to carry not more than four persons, including the driver.

(Ord. 2139; Code 2022)

14-425. Same; penalty.

Unless specifically provided herein, a violation of this section 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.

(Ord. 2139; Code 2022)

14-426. Same; insurance required; penalty.

(a) Every owner of a golf cart shall provide liability coverage in accordance with Section 200 of the Standard Traffic Ordinance, and amendments thereto, and the Kansas Automobile Injury Reparations Act, K.S.A. 40-3101, et seq., and amendments thereto.

(b) All provisions of Section 200 of the Standard Traffic Ordinance, and amendments thereto, including penalty provisions, shall be applicable to all owners and operators of golf carts.

(Ord. 2139; Code 2022)

14-427. Same; registration and license; fee; application; inspection; penalty.

(a) Before operating any golf cart any public highway, street, road or alley within the corporate limits of the city and each calendar year thereafter, the vehicle shall be registered with the city and a license shall be obtained and placed on the golf cart. The license fee shall be Twenty-Five Dollars ($25.00) per calendar year, payable in advance to the City of Caney [police chief] [city clerk] [other person designated by the city]. The full amount of the license fee shall be required regardless of the time of year that the application is made.

(b) Application for registration of a golf cart shall be made by the owner, or owner’s agent, in the office of the Caney Police Department [police chief] [city clerk] [other person designated by the city]. The application shall be made upon forms provided by the city and each application shall contain the name of the owner, the owner’s residence address, or bona fide place of business, a brief description of the vehicle to be registered (including make, model and serial number, if applicable). Proof of insurance, as required in Section 26 shall be furnished at the time of application for registration.

(c) Prior to the issuance of the registration and license, each applicant for a golf cart license shall first present such vehicle for an official inspection. If, upon inspection and completion of the registration application, such vehicle is found to be in safe mechanical condition, and upon establishing proof of insurance and payment of the fees herein provided, a license shall be issued to the owner who shall attach it to the vehicle. The license shall be displayed in such a manner as to be clearly visible from the rear of the vehicle. The license number on the application will be accounted for and then filed in the police department.

(d) It is unlawful for any person to willfully or maliciously remove, destroy, mutilate or alter such licenses during the time in which the same is operative.

(g) It shall be unlawful for any person to:

(1) Operate, or for the owner thereof knowingly to permit the operation, upon a public street, road, highway, or alley within the corporate limits of the city any golf cart, as defined herein, which is not registered and which does not have attached thereto and displayed thereon the license assigned thereto by the city for the current registration year.

(5) Carry or display a registered number plate or plates or registration decal upon any golf cart not lawfully issued for such vehicle.

(6) Any person convicted of a violation of any of the provisions of this section, shall for the first conviction thereof be punished by a fine of not more than $1000.00; for a second such conviction within one year thereafter, such person shall be punished by a fine of not more than $1500.00; 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 $2000.00.

(Ord. 2139; Code 2022)