ORDINANCE NO. 060617
Amending Chapter 70, Code of
Ordinances, by repealing Sections 70-1, Definitions, and 70-365, Racing on
streets and highways, and enacting in lieu thereof two new sections of like
numbers and subject matters and by enacting one new Section 70-366, Spectator
or unlawful assembly at drag race or speed competition.
BE IT ORDAINED
BY THE COUNCIL OF KANSAS CITY:
Section 1. That
Chapter 70, Code of Ordinances of the City of Kansas City, Missouri is hereby
amended by repealing Sections 70-1, Definitions and 70-365, Racing on
streets and highways, and enacting in lieu thereof two new sections of like
numbers and subject matters and by enacting one new Section 70-366, Spectator
or unlawful assembly at drag race or speed competition, to read as follows:
Sec. 70-1. Definitions.
(a) The following words, terms and
phrases, when used in this chapter, shall have the meanings ascribed to them in
this section, except where the context clearly indicates a different meaning:
Accident
means a collision between a vehicle and another vehicle, railroad train, person
or stationary object, or the overturn or upset of a vehicle which results in
property damage, personal injury or death; or any entry into or emerging from a
moving vehicle by a person which results in personal injury or death to such
person.
Alley
means a street or highway intended to provide access to the rear or side of
lots or buildings in urban districts and not intended for the purpose of
through vehicular traffic.
All-terrain
vehicle means any motorized vehicle manufactured and used exclusively
for off-highway use which is 50 inches or less in width, with an unladen dry
weight of 600 pounds or less, traveling on three, four or more low-pressure
tires, with a seat designed to be straddled by the operator and handlebars for
steering control.
Ambulance
means any motor vehicle constructed, reconstructed, arranged, equipped, used or
meant for use of transporting ill, injured or otherwise incapacitated persons
from one place to another.
Authorized
emergency vehicle means such fire department vehicles, police
vehicles and ambulances as are publicly owned, and such other publicly or
privately owned vehicles as are designated such by law, or by the board of
police commissioners of the city.
Bicycle
means every vehicle propelled solely by human power upon which any person may
ride, having two tandem wheels, except such vehicles with a seat height of no
more than 25 inches from the ground when the seat is adjusted to its highest
position, and except scooters and similar devices.
Boulevard
means a street which is under jurisdiction of the board of parks and recreation
commissioners.
Bus means
a motor vehicle designed and constructed for the general transportation of
passengers for hire and possessing a manufacturer's rated seating capacity for
a driver and eight or more passengers.
Business
district means the territory contiguous to and including a highway
when within any 600 feet along such highway there are buildings in use for
business or industrial purposes, including but not limited to hotels, banks or
office buildings, railroad stations and public buildings which occupy at least
300 feet of frontage on one side or 300 feet collectively on both sides of the
highway.
Commercial
driver's license. See "License."
Commercial
motor vehicle means any self-propelled or towed vehicle used on public
highways to transport passengers or property when:
(1) The vehicle has a gross vehicle weight rating or gross
combination weight rating of 10,001 or more pounds;
(2) The vehicle is designed to transport more than
15 passengers, including the driver; or
(3) The vehicle is used in the transportation of
hazardous materials in a quantity requiring placarding under regulations issued
by the secretary of transportation under the Hazardous Materials Transportation
Act (49 USC App. 1801-1813).
Commuter
vehicle means a motor vehicle parked in an area where at least one side or
50 percent of a street or block is zoned residential, by a person not a
resident thereof.
Construction
zone, used interchangeably with "work zone," in this chapter,
means any area upon or around any highway as defined in section 302.010, RSMo,
which is visibly marked as an area where construction, maintenance, or other
work is occurring, and includes the lanes of a highway leading up to the area
upon which an activity described herein is being performed, beginning at the
point where appropriate signs directing motor vehicles to merge from one lane
into another lane are posted.
Controlled
access street or highway means every highway, street or roadway in respect
to which owners or occupants of abutting lands and other persons have no legal
right of access to or from the highway, street or roadway, except at such
points only and in such manner as may be determined by the public authority
having jurisdiction over such highway, street or roadway.
Crosswalk
means:
(1) That part of a roadway at an intersection
included within the connections of the lateral lines of the sidewalks on
opposite sides of the highway measured from the curbs or, in the absence of
curbs, from the edges of the traversable roadway; and in the absence of a
sidewalk on one side of the roadway, that part of a roadway included within the
extension of the lateral lines of the existing sidewalk at right angles to the
center.
(2) Any portion of a roadway at an intersection or
elsewhere distinctly indicated for pedestrian crossing by lines or other
markings on the surface.
Curb loading
zone means a space adjacent to the curb reserved for the exclusive use of
vehicles during the loading or unloading of passengers or materials.
Dealer
means any person engaged in the sale or exchange of new, used or reconstructed
motor vehicles or trailers.
Director means
the director of the public works department of this city.
Divided
street or highway means a street or highway divided into two or more
roadways by leaving an intervening space or by a physical barrier or by a
clearly indicated dividing section so constructed as to impede vehicular
traffic.
Drag race means
the operation of two or more vehicles from a point side by side at accelerating
speeds in a competitive attempt to outdistance each other, or the operation of
one or more vehicles over a common selected course, from the same point to the
same point, for the purpose of comparing the relative speeds or power of
acceleration of such vehicle or vehicles within a certain distance or time
limit.
Drag race,
preparations for, shall include, but is not limited to, situations in
which: (1) a group of motor vehicles or individuals has arrived at a location
for the purpose of participating in or being spectators at the event; (2) a
group of individuals has lined one or both sides of a public street or highway
for the purpose of participating in or being a spectator at the event; (3) a
group of individuals has gathered on private property without the consent of
the owner, operator, or agent thereof for the purpose of participating in or
being a spectator at the event; (4) one or more individuals has impeded or obstructed
the free public use of a public street or highway by actions, words, or
physical barriers for the purpose of conducting the event; (5) two or more
vehicles have lined up with motors running for a drag race or illegal motor
vehicle speed competition; (6) one or more drivers is revving his engine or
spinning his tires in preparation for the drag race or illegal motor vehicle
speed competition; or (7) an individual is stationed at or near one or more
motor vehicles serving as a race starter.
Driver means
every person who drives or is in actual physical control of a vehicle.
Driver's
license means any license to operate a motor vehicle issued under the
laws of this state.
Dwelling unit means
a building or portion thereof designed exclusively for residential occupancy by
one family and provided with sanitation and cooking facilities.
Emergency
vehicle. See "Authorized emergency vehicle."
Explosive
means any chemical compound or mechanical mixture that is commonly used or
intended for the purpose of producing an explosion and which contains any
oxidizing and combustive units or other ingredients in such proportions,
quantities or packing that an ignition by fire, by friction, by concussion, by
percussion or by detonator of any part of the compound or mixture may cause
such a sudden generation of highly heated gases that the resultant gaseous
pressures are capable of producing destructive effects on contiguous objects or
of destroying life or limb.
Farm tractor means
every motor vehicle designed and used primarily as a farm implement, for
drawing plows, mowing machines and other implements of husbandry.
Flammable
liquid means any liquid which has a flashpoint of 70 degrees
Fahrenheit or less, as determined by a Tagliabue or equivalent closed-cup test
device.
Gross
combination weight rating (GCWR) means the value specified by the
manufacturer as the maximum loaded weight of a combination (articulated)
vehicle. In the absence of a value specified by the manufacturer, GCWR will be
determined by adding the GVWR of the power unit and the total weight of the
towed unit and any load thereon.
Gross vehicle
weight rating (GVWR) means the value specified by the manufacturer as
the maximum loaded weight of a single vehicle.
Gross weight means
the weight of a vehicle or vehicle combination without load plus the weight of
any load thereon.
Highway means
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 travel.
House trailer
means:
(1) A trailer or semitrailer which is designed,
constructed and equipped as a dwelling place, living abode or sleeping place,
either permanently or temporarily, and is equipped for use as a conveyance on
streets and highways; or
(2) A trailer or semitrailer whose chassis and
exterior shell is designed and constructed for use as a house trailer, as
defined in subsection (1) of this definition, but which is used instead,
permanently or temporarily, for the advertising, sale, display or promotion of
merchandise or services, or for any other commercial purpose except the
transportation of property for hire or the transportation of property for
distribution by a private carrier.
Human-powered
vehicle means every vehicle designed to be moved solely by human power.
Implement of
husbandry means every vehicle designed or adapted and used exclusively for
agricultural operations and only incidentally operated or moved upon the
highways or streets.
Intersection means:
(1) The area embraced within the prolongation or
connection of the lateral curblines or, if none, then the lateral boundary
lines of the roadways of two highways which join one another at, or
approximately at, right angles, or the area within which vehicles traveling
upon different highways or streets joining at any other angle may come in
conflict.
(2) Where a street or highway includes two
roadways 30 feet or more apart, then every crossing of each roadway of such
divided street or highway by an intersecting street or highway shall be regarded
as a separate intersection. If such intersecting street or highway also
includes two roadways 30 feet or more apart, then every crossing of two
roadways of such street or highway shall be regarded as a separate
intersection.
(3) The junction of an alley with a street or
highway shall not constitute an intersection.
Issuing
authority means the director or a person or party authorized by the
director to issue residential parking permits for a residential permit parking
area or street.
Laned roadway means
a roadway which is divided into two or more clearly marked lanes for vehicular
traffic.
License
and license to operate a motor vehicle means any driver's
license or any other license or permit to operate a motor vehicle issued under,
or granted by, the laws of this state, including:
(1) Any
temporary license or instruction permit.
(2) The privilege of any person to drive a motor
vehicle, whether or not such person holds a valid license.
(3) Any
nonresident's operating privilege as defined in this section.
(4) Commercial driver's license (CDL): a license
to operate any commercial motor vehicle issued by the driver's state of
residence.
(5) Class A CDL: required to operate any combination
of vehicles with a GCWR of 26,001 or more pounds provided the GVWR of the
vehicles being towed is in excess of 10,000 pounds.
(6) Class B CDL: required to operate any single
vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing a vehicle
not in excess of 10,000 pounds GVWR.
(7) Class C CDL: required to operate any single
vehicle, or combination of vehicles, that meets neither the definition of Class
A nor that of Class B as contained in this section, but that either is designed
to transport 16 or more passengers including the driver, or is used in the
transportation of materials found to be hazardous for the purposes of the
Hazardous Materials Transportation Act and which require the motor vehicle to
be placarded under the Hazardous Materials Regulations as set out in 49 CFR
part172, subpart F.
(8) Class E license: required to operate any
vehicle for hire not required to have a Class A, B or C CDL.
(9) Class F license: required to operate any
private vehicle which is transporting less than 15 persons and not transporting
hazardous materials requiring placarding.
(10) Class
M license: required for operation of a motorcycle only.
Lienholder means
a person holding a security interest in a vehicle.
Loading zone means
a space reserved for the exclusive use of vehicles during the loading or
unloading of passengers or property.
Lodging room
means a room rented as sleeping and living quarters, but without kitchen
facilities, and with or without an individual bathroom. In a suite of rooms
without kitchen facilities, each room which provides sleeping accommodations
shall be counted as one lodging room for the purpose of this chapter.
Lodginghouse means
a building, other than a hotel, where a room without meals or cooking
privileges for five or more persons is provided for compensation.
Metal tire means
every tire the surface of which in contact with the highway or street is wholly
or partly of metal or other hard, nonresilient material.
Moped means
a motor-driven cycle both with pedals to permit propulsion by human power and
with a motor which produces not to exceed two brake horsepower and which is not
capable of propelling the vehicle at a speed in excess of 30 miles per hour on
level ground. If an internal combustion engine is used, the displacement shall
not exceed 50 cubic centimeters; and the moped shall have a power drive system
that functions directly or automatically without clutching or shifting by the
operator after the drive systemis engaged.
Motor home
means every motor vehicle designed, used or maintained primarily as a mobile
dwelling, office or commercial space.
Motor vehicle
means every vehicle which is self-propelled, and every vehicle which is
propelled by electric power obtained from overhead trolley wires but not
operated upon rails, except vehicles moved solely by human power.
Motorcycle means
every motor vehicle having a seat or saddle for the use of the rider and
designed to travel on not more than three wheels in contact with the ground,
but excluding a tractor.
Motor-driven
cycle means every motorcycle, motor scooter or motorized bicycle
having an engine with less than 150 cubic centimeters displacement or with five
brake horsepower or less.
Nonresident means
every person who is not a resident of this state.
Nonresident's
operating privilege means the privilege conferred upon a nonresident
by the laws of this state pertaining to the operation by such person of a motor
vehicle, or the use of a vehicle owned by such person, in this state.
Official time
standard means whenever certain hours are named in this chapter, they
shall mean standard time or daylight saving time, as may be in current use in
this city.
Official
traffic control devices means all signs, signals, markings and
devices not inconsistent with this chapter placed or erected by authority of a
public body or official having jurisdiction, for the purpose of regulating,
warning or guiding traffic.
Off-road
vehicle means any vehicle designed for or capable of cross-country
travel on or immediately over land, water, ice, snow, marsh, swampland or other
natural terrain without benefit of a road or trail:
(1) Including,
without limitation, the following:
a. Jeeps;
b. All-terrain
vehicles;
c. Dune
buggies;
d. Multiwheel
drive or low-pressure tire vehicles;
e. Vehicle using an endless belt or tread, or a
combination of tread and low-pressure tires;
f. Motorcycles,
trail bikes, minibikes and related vehicles; and
g. Any other means of transportation deriving
power from any other source other than muscle or wind; and
(2) Excluding
the following:
a. Registered
motorboats;
b. Aircraft;
c. Any
military, fire or law enforcement vehicle;
d. Farm-type tractors and other self-propelled
equipment for harvesting and transporting farm or forest products;
e. Any vehicle being used for farm purposes,
earth-moving or construction while being used for such purposes on the work
site;
f. Self-propelled lawnmowers, or lawn or garden
tractors, or golf carts, while being used exclusively for their designed
purposes; and
g. Any vehicle being used for the purpose of
transporting a handicapped person.
Operator means
every person who drives or is in actual physical control of a vehicle.
Out of
service means a temporary prohibition against the operation of a
particular commercial motor vehicle, or the operation of a particular motor
carrier.
Out of
service order means a declaration by the Federal Highway
Administration or any authorized enforcement officer of a federal, state,
commonwealth or Puerto Rico, Canadian, Mexican or any local jurisdiction, that
a driver, or a commercial motor vehicle, or a motor carrier operation, is out
of service.
Owner means
a person, other than a lienholder, having a property interest in or title to a
vehicle. The term includes a person entitled to the use and possession of a
vehicle subject to a security interest in another person, but excludes a lessee
under a lease not intended as security.
Park and parking mean
the standing of a vehicle, whether occupied or not, otherwise than temporarily
for the purpose of and while actually engaged in loading or unloading property
or passengers.
Passenger car means
every motor vehicle, except motorcycles and motor-driven cycles, designed for
carrying ten passengers or less and used for the transportation of
persons.
Passenger
loading zone means a place reserved for the exclusive use of vehicles while
receiving or discharging passengers.
Pedestrian
means any person afoot.
Personal
identification card means a document issued by the department of
revenue of the state for the sole purpose of identifying the bearer and not
authorized for use as a driver's license.
Pole trailer
means every vehicle without motive power designed to be drawn by another
vehicle and attached to the towing vehicle by means of a reach or pole, or by
being boomed or otherwise secured to the towing vehicle, and ordinarily used
for transporting long or irregularly shaped loads such as poles, pipes or
structural members capable, generally, of sustaining themselves as beams
between the supporting connections.
Police
officer means every officer of the police department or any officer
authorized to direct or regulate traffic or to make arrests for violations of
traffic regulations.
Private road
or driveway means every way or place in private ownership and used
for vehicular travel by the owner and those having express or implied
permission from the owner, but not by other persons.
Railroad
means a carrier of persons or property upon cars operated upon stationary
rails.
Railroad sign
or signal means any sign, signal or device erected by authority of a public
body or official or by a railroad intended to give notice of the presence of
railroad tracks or the approach of a railroad car.
Railroad
train means a steam engine, electric or other motor, with or without cars
coupled thereto, operated upon rails.
Registration means
the registration certificate or certificates and registration plates issued
under laws pertaining to the registration of vehicles.
Residence
district means the territory contiguous to and including a street or
highway not comprising a business district when the property on such street or
highway for a distance of 300 feet or more is in the main improved with
residences or residences and buildings in use for business.
Residential
parking area means a contiguous or nearly contiguous area containing public
streets or parts thereof primarily abutted by residential property or
residential and nonbusiness property such as schools, parks, churches,
hospitals and nursing homes.
Residential
parking permit means a permit issued by the city or an issuing
authority which confers certain parking privileges upon the driver of the car
to which it is affixed.
Residential
permit parking area or street means a residential parking area or a
street where vehicles with an affixed residential parking permit may be parked
in excess of posted parking.
Right-of-way
means the right of one vehicle or pedestrian to proceed in a lawful manner in
preference to another vehicle or pedestrian approaching under such
circumstances of direction, speed and proximity as to give rise to danger of
collision unless one grants precedence to the other.
Roadway
means that portion of a street or highway improved, designed or ordinarily used
for vehicular travel, exclusive of the sidewalk, berm or shoulder, even though
such sidewalk, berm or shoulder is used by persons riding bicycles or other
human-powered vehicles. If a street or highway includes two or more separate
roadways, the term "roadway" as used in this chapter shall refer to
any such roadway separately but not to all such roadways collectively.
Safety zone
means the area or space officially set apart within a roadway for the exclusive
use of pedestrians and which is protected or is so marked or indicated by
adequate signs as to be plainly visible at all times while set apart as a
safety zone.
School bus means
every motor vehicle that complies with the provisions of this chapter and is
used to transport pupils to or from school or in connection with school
activities, but not including buses operated by common carriers in urban
transportation of pupils.
Semitrailer
means every vehicle, with or without motive power, other than a pole trailer,
designed for carrying persons or property and for being drawn by a motor
vehicle and so constructed that some part of its weight and that of its load
rests upon or is carried by another vehicle.
Sidewalk
means that portion of a street between the curblines, or the lateral lines of a
roadway and the adjacent property lines, intended for use by pedestrians.
Solid rubber
tire means every tire of rubber or other resilient material which does not
depend upon compressed air for the support of the load.
Spectator means
any individual who is present at a drag race or illegal motor vehicle speed
competition, or at a location where preparations are being made for such
activities, for the purpose of viewing, observing, watching, or witnessing the
event as it progresses. Spectator includes any individual at the location of
the event without regard to whether the individual arrived at the event by
driving a vehicle, riding as a passenger in a vehicle, walking, or arriving by
some other means.
Stand
and standing mean the halting of a vehicle, whether occupied
or not, otherwise than temporarily for the purpose of and while actually
engaged in receiving or discharging passengers.
Stop, when
required, means complete cessation of movement.
Stop and
stopping, when prohibited, mean any halting, even momentarily, of a
vehicle, whether occupied or not, except when necessary to avoid conflict with
other traffic or in compliance with the direction of a police officer or
traffic control sign or signal.
Street
means the entire width between boundary lines of every way publicly maintained
when any part thereof is open to the use of the public for purposes of
vehicular travel.
Taxicab
means a public passenger motor vehicle with a rated passenger-carrying capacity
of five or less, exclusive of the driver, furnished for hire on a call or
demand basis to transport persons, packages or messages where the route
traveled and trip destination are controlled by the passenger and at a charge
or fare based upon time and mileage and recorded and indicated on a
taximeter.
Through
highway or street means every highway or street or portion thereof on which
vehicular traffic is given preferential right-of-way, and at the entrances to
which vehicular traffic from intersecting highways or streets is required by
law to yield the right-of-way to vehicles on such through highway or street in
obedience to a stop sign, yield sign or other official traffic control device,
when such signs or devices are erected as provided in this chapter.
Traffic
means pedestrians, ridden or herded animals, vehicles and other conveyances,
either singly or together, while using any street or highway for purposes of
travel.
Traffic
control signal means any device, whether manually, electrically or
mechanically operated, by which traffic is alternately directed to stop and
permitted to proceed.
Trailer
means every vehicle with or without motive power, other than a pole trailer,
designed for carrying persons or property and for being drawn by a motor
vehicle and so constructed that no part of its weight rests upon the towing
vehicle.
Truck
means every motor vehicle designed, used or maintained primarily for the
transportation of property.
Truck tractor
means every motor vehicle designed and used primarily for drawing other
vehicles and not so constructed as to carry a load other than a part of the
weight of the vehicle and load so drawn.
Vehicle
means every device in, upon or by which any person or property is or may be
transported or drawn upon a street or highway, excepting devices used
exclusively upon stationary rails or tracks.
Vehicle
identification number means the numbers and letters, if any, designated for
the purpose of identifying the vehicle or the unique identifier assigned to
each vehicle by the manufacturer pursuant to regulations.
(b) Whenever
any words and phrases used in this chapter are not defined in this section but
are defined in the state or federal laws regulating the operation of vehicles,
any such definition in the state or federal law shall be deemed to apply to
such words and phrases used in this chapter, except when the context otherwise
requires.
Sec. 70-365. Racing on streets and highways.
Except as
provided elsewhere in this chapter, no person shall drive or otherwise engage
in, aid or abet any vehicle on a street or highway in any drag race or speed
competition or exhibition of speed or acceleration. No person shall, for the
purpose of facilitating or aiding or as an incident to any motor vehicle speed
contest or drag race upon any street or highway, in any manner obstruct a
street or highway or place any barricade or obstruction upon any street or
highway. However, the director may issue a permit for any such race,
competition, contest, test or exhibition in accordance with the terms and
conditions specifically approved for such event by ordinance by the city
council.
Sec. 70-366 Spectator or Unlawful Assembly at Drag Race
or Speed Competition
(a) Except as
provided elsewhere in this chapter, no person shall knowingly be present as a
spectator, either on a public street or highway, or on private property open to
the general public without the consent of the owner, operator, or agent
thereof, at a drag race or illegal motor vehicle speed competition.
(b) Except as
provided elsewhere in this chapter, no person shall be present as a spectator,
either on a public street or highway, or on private property without the
consent of the owner, operator, or agent thereof, where preparations are being
made for a drag race or illegal motor vehicle speed competition
(c) An
individual is present at the drag race or illegal motor vehicle speed competition
if that individual is within 200 feet of the location of the event, or within
200 feet of the location where preparations are being made for the event.
(d) When two or
more persons assemble to witness or participate in a drag race or illegal motor
vehicle speed competition such assembly is an unlawful assembly and any person
who participates in such unlawful assembly is guilty of an offense.
(e) Exemption:
Nothing in this section prohibits law enforcement officers or their agents from
being spectators at drag races or speed contests in the course of their
official duties.
______________________________________________
Approved
as to form and legality:
___________________________
Beth
Murano
Assistant City Attorney