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Legislation #: 170437 Introduction Date: 6/8/2017
Type: Ordinance Effective Date: none
Sponsor: None
Title: Amending Chapter 70, Code of Ordinances, by repealing Section 70-38, Authority of director to make emergency and temporary regulations, and Section 70-532, Obedience to signs limiting parking time, and enacting in lieu thereof new sections of like numbers and subject matters related to requiring vehicle emergency flashers in certain parking zones.

Legislation History
DateMinutesDescription
6/8/2017 Filed by the Clerk's office
6/8/2017 Referred to Transportation & Infrastructure Committee
6/15/2017 Do Pass
6/15/2017 Assigned to Third Read Calendar
6/29/2017 Passed

View Attachments
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170437.pdf Authenticated 193K Authenticated
170437 Fact Sheet.pdf Fact Sheet 134K Fact Sheet

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ORDINANCE NO. 170437

 

Amending Chapter 70, Code of Ordinances, by repealing Section 70-38, Authority of director to make emergency and temporary regulations, and Section 70-532, Obedience to signs limiting parking time, and enacting in lieu thereof new sections of like numbers and subject matters related to requiring vehicle emergency flashers in certain parking zones.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That Chapter 70, Code of Ordinances, is hereby amended by repealing Section 70-38, Authority of director to make emergency and temporary regulations, and enacting in lieu thereof a new section of like number and subject matter , to read as follows:

 

Sec. 70-38. - Authority of director to make emergency and temporary regulations.

 

(a) The director is hereby authorized and empowered to make and enforce regulations governing traffic in case of emergency or special conditions when he finds that public safety, convenience and the expedition of traffic may demand, which regulations shall be effective for the period of the duration of such emergency or special condition, and no longer.

 

(b) For the purpose of affording the director the opportunity to apply the provisions of this chapter to certain intersections and streets of the city to which such provisions have not been made applicable, in order that such provisions may be made uniform at all places of similar traffic conditions and for the purpose of affording tests as to the remedial effect of such regulations at such places, upon finding that public safety, convenience and the expedition of traffic demand their application in such manner and at such places as will conform to the standards prescribed in the Manual on Uniform Traffic Control Devices for Streets and Highways and revisions thereto, published as a report of the U.S. Department of Transportation, the director is hereby authorized and empowered as to such intersections and streets to:

 

(1) Place and maintain official traffic control devices.

 

(2) Designate the location of loading zones, bus zones and taxicab stands.

 

(3) Designate and mark one-way streets and alleys.

 

(4) Regulate lefthand and righthand turns of vehicles entering or leaving any street or intersection.

 

(5) Designate parking zones and the time limit for parking therein.

 

(6) Determine, mark and erect signs on streets upon which angle parking shall be permitted.

 

(7) Determine streets upon which parking is regulated under any other articles of this chapter.

 

(8) Determine the streets to be designated as through streets.

 

(9) Designate intersections where traffic control signals shall be installed.

 

(10) Designate intersections where the driver of a vehicle entering from one street shall stop or yield to drivers from other streets.

 

(11) Designate and install signs on streets where special speed limits shall apply.

 

(12) Designate sections of streets or limited-access roadways where motor-driven cycles and nonmotorized traffic shall be prohibited.

 

(13) Determine locations where there shall be size or weight limits on vehicles and where the operation of commercial vehicles is to be prohibited.

 

(14) Restrict streets, alleys or the areas in the public right-of-way to vehicular or pedestrian traffic.

 

(15) Require a vehicle stopped, standing or parked in a designated parking zone to have the vehicle's emergency flashers engaged and displaying for the duration of the vehicle’s time in the parking zone.

 

(16) Establish such other regulations as necessary to carry out the purposes of this chapter.

 

(c) Any and all regulations made by the director under the power and authority granted in subsection (b) of this section shall be effective for a period of 90 days as a part of this chapter, unless disapproved by resolution of the city council, and thereafter only upon the action of the city council approving such regulations by ordinance; but such approval may be made by reference without the restatement of the text of such regulation.

 

(d) In the exercise of the powers granted in this section, the director, in formulating any and all regulations, shall, so far as the regulations may be applicable to the particular case in carrying out the provisions of this section, consider the width and condition of the intersection, street or highway, the character, density and volume of the traffic thereon, the extent of the business carried on in the vicinity, the facilities for traffic, and the safety and convenience of the public.

 

(e) The director shall keep a record of all regulations adopted by him under the power and authority granted in this section. A copy of this record shall be kept in his office and be subject to public inspection; and such regulation shall be filed with the director of records, the mayor and members of the city council at least five days prior to the effective date of such regulation. The director, in making such regulations except emergency regulations and regulations covering special conditions, shall give notice thereof to the public by publishing the regulations once in the newspaper doing the city printing. Such regulations, when so published, shall become effective five days after the date of such publication.

 

(f) Should a protest in writing be filed with the director, signed by at least five persons adversely affected by a regulation so promulgated by him under this section, he shall hold hearing thereon within 15 days after the filing of such notice, and shall give all protesting parties seven days' notice in writing of the time and place of the hearing. If, after the hearing, the director shall determine that the regulation shall continue in effect, he shall cause the regulation to be incorporated in an ordinance introduced before the city council within 15 days following the hearing. If the city council fails to approve such ordinance within four weeks following its introduction, the regulation shall automatically expire.

 

Section 2. That Chapter 70, Code of Ordinances, is hereby amended by repealing Section 70-532, Obedience to signs limiting parking time, and enacting in lieu thereof a new section of like number and subject matter , to read as follows:

 

Sec. 70-532. - Obedience to signs limiting parking time.

 

(a) Whenever authorized signs are erected limiting the length of time that vehicles may be parked during specified hours on certain streets, or portions thereof, or in city-owned or city-operated off-street parking facilities, no person shall park a vehicle for a period of time longer than specified on such signs.

 

(b) Whenever authorized signs are erected requiring the use of a vehicle’s emergency flashers when parked on certain streets, or portions thereof, or in city-owned or city-operated off-street parking facilities, no person shall park a vehicle without the use of the vehicle’s emergency flashers.

 

(c) Any person violating any provision of this section shall be punished by a fine of not less than $15.00 and not more than $500.00.

 

_____________________________________________

 

Approved as to form and legality:

 

______________________________

Katherine Chandler

Assistant City Attorney