It shall be lawful for any person holding a valid driver’s license to drive or operate a special purpose vehicle, as defined herein, upon the public highways, streets, roads, and alleys within the corporate limits of the City of Blue Rapids, Kansas. Every person operating a special purpose vehicle on a public highway, street, road and alley of the city shall be subject to all of the duties and requirements applicable to a driver of a motor vehicle imposed by law and imposed by the Standard Traffic Ordinance. Every special purpose vehicle shall meet the registration requirements provided herein.

(Ord. 2170; Code 2013)

As used in this article, the following words and phrases shall have the meanings respectively ascribed to them in this section, except when the context requires otherwise.

(a)   Special purpose vehicle means all-terrain vehicle, golf cart, micro utility truck and work-site vehicle, either individually or collectively.

(b)   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.

(c)   Golf cart means a motor vehicle that has not less than three wheels in contact with the ground, an unladen 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.

(d)   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 unladen 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.

(e)   Work-site utility vehicle means may 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.

(Ord. 2170; Code 2013)

In no event shall a person riding in or upon a special purpose vehicle, as defined herein, attach himself, herself or the special purpose vehicle to any other vehicle on a roadway. Further, any special purpose vehicles, as defined herein, carrying a passenger shall be equipped with a seat and footrests for such passenger.

(Ord. 2170; Code 2013)

(a)   Before operating any special purpose vehicle on any public highway, street, road or alley within the corporate limits of the city, such vehicle shall be registered with the City Clerk. The application shall be made upon forms provided by the City Clerk 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).

(b)   The operator of the special purpose vehicle must display in plain sight a valid registration on the rear (right side) of such vehicle.

(c)   Every owner of a special purpose vehicle shall provide and maintain liability coverage in accordance with Section 200 of the 2008 Standard Traffic Ordinance, and amendments thereto, and the Kansas Automobile Injury Reparations Act, K.S.A. 40-3101, et seq., and amendments thereto. Proof of insurance shall be furnished at the time of application for registration.

(d)   The registration fee for a special purpose vehicle shall be $20; thereafter, the registration fee may be set by resolution duly passed by the governing body. Renewal of registration shall be made annually at the city clerk’s office by January 1 of each year. If registration is obtained on or after October 1, the registration fee shall be prorated for the remainder of the calendar year. Such registration thereafter shall be subject to renewal on January 1, as provided herein. Any registration issued hereunder is not transferrable.

(e)   Registration fee may be waived for any charity, educational, religious or not-for-profit entity upon presentment of proof of liability insurance required under this article for special purpose vehicles.

(Ord. 2170; Code 2013)

It shall be unlawful:

(a)   to display, cause or permit to be displayed or to have in possession or use or attempt to use, any registration knowing the same to be fictitious or to have been cancelled, revoked, suspended or altered;

(b)   to lend to or knowingly permit the use by one not entitled thereto, any registration issued to the person so lending or permitting the use thereof

(c)   to operate on any public highway, street, road, and alley between sunset and sunrise unless equipped with lights and signals as required for motorcycles and;

(d)   to travel at a speed greater than reasonable and prudent for type of special purpose vehicle.

(Ord. 2170; Code 2013)

Unless otherwise provided by law, a violation of any provisions set out herein 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, as amended, or such other similar provision as the city may then have in effect. No person charged with driving a special purpose vehicle without a driver’s license or without a valid registration shall be convicted if such person produces in court a driver’s license or registration issued to such person or vehicle that was valid at the time of arrest.

(Ord. 2170; Code 2013)