City of Ellsworth Ordinance authorizing WSUV, MCT and Golf carts

(First Published in the Ellsworth County Independent/
Reporter, July 19, 2018)

ORDINANCE NO. 3084

AN ORDINANCE AUTHORIZING OPERATION
OF REGISTERED WORK-SITE UTILITY VEHICLES,
REGISTERED MICRO UTILITY TRUCKS
AND REGISTERED GOLF CARTS ON THE STREETS
OF ELLSWORTH, KANSAS, AND PROVIDING
FOR THE REGISTRATION PROCEDURE AND PENALTIES FOR VIOLATION IN THE CITY OF ELLSWORTH, KANSAS.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ELLSWORTH, ELLSWORTH COUNTY, KANSAS:
Section 1. Definitions.  The words and phrases “All-Terrain Vehicle”, “Work-Site Utility Vehicle”, “Micro Utility Truck”, “Golf Cart”, “Pocket Bike”, “Motorized Scooter”, “Street or Highway” and “Owner” shall have the meaning prescribed to such word or phrase in Article 1 of the “Standard Traffic Ordinance for Kansas Cities” as prepared and published in book form by the League of Kansas Municipalities, Topeka, Kansas, as adopted by the governing body.
Section 2. Operation of Work-Site Utility Vehicles (WUV) and Micro Utility Truck (MUT), and Golf Carts, and Prohibition of All-Terrain Vehicles (ATV):
A. Subject to compliance with all other ordinances of the City Of Ellsworth concerning WUV, MUT and Golf Cart operations, a WUV, MUT and Golf Cart may be operated upon the public highway, streets, roads, and alleys within the corporate limits of the city, but only after being properly registered as provided herein below and only if such owner or operator of the WUV, MUT or Golf Cart has provided motor vehicle liability insurance coverage on such vehicle as required for a motor a motor vehicle in accordance with the Kansas Automobile Injury Reparation Act, K.S.A. 40-3101 et seq.  For purposes of this Article, neither a WUV, MUT nor Golf Cart shall be exempt from the Kansas Automobile Injury Reparation Act.
B. No WUV, MUT or Golf Cart shall be operated on any public highway, street, road or alley unless such vehicle complies with the equipment requirements under the provision of Article 17, Chapter 8 of Kansas Statutes Annotated.
C. No WUV, MUT or Golf Cart shall be operated on any federal, state or public highway including K-156 and K-14, Douglas Avenue and 15th Street.  Crossing of a federal, state or public highway is allowed as long as the posted speed limit on the highway is 35 mph or less.
D. All MUTs, WUVs and Golf Carts must have a “slow moving vehicle emblem” affixed to the back of the vehicle and a red flag not less than 12 inches square attached to the back of the vehicle.   
E. ATVs, pocket bikes and motorized scooters are prohibited on any public highway, street, road or alley in the City of Ellsworth.
Section 3.  Operation of Golf Carts.  Subject to compliance with all other ordinances of the City of Ellsworth concerning Golf Cart operations, a Golf Cart may be operated only between sunrise and sunset upon the public highways, streets, roads, and alley within the corporate limits of the city.  A Golf Cart may be operated at any time by law enforcement for law enforcement purposes or when used in a parade authorized by the City governing body.  
Section 4.  Registration of Work-Site Utility Vehicles, Micro Utility Trucks and Golf Carts. Except for use in a parade authorized by the Governing Body of the City of Ellsworth, every owner of a WUV, MUT, and Golf Cart intended to be operated on a street or highway in the City of Ellsworth, Kansas, whether such owner is a resident of the City of Ellsworth or not, shall before such WUV,MUT, or Golf Cart is operated on such street or highway, register such vehicle through the office of the City of Ellsworth on such forms as furnished by the City of Ellsworth.  The application shall contain the name of the owner, the owner’s residential address; a brief description of the vehicle to be registered, insurance information on the vehicle, and proof that such WUV, MUT and/or golf cart has been filed with the Ellsworth County Appraiser’s Office and such other information as may be required by the City.  The application shall be signed by the owner, owner’s spouse or owner’s parent.  The City shall furnish to every owner whose vehicle is registered, a registration sticker which shall be displayed prominently on the “slow moving vehicle emblem” on the rear of the vehicle before operation in the City.  An annual registration fee shall be paid in accordance with the City of Ellsworth Fine Schedule in effect at the time of the registration.  The full amount of the registration fee shall be required regardless of the time of the year the application is submitted. Upon the transfer of ownership of any WUV, MUT, or Golf Cart registered under this ordinance, the registration for the vehicle and the right to use the registration sticker thereon shall expire and the registration sticker shall be removed from the vehicle.  Vehicles shall be required to be re-registered within 30 days of the ownership transfer.  The registration for the WUV, MUT, or Golf Cart expires January 31 of the following year.
Section 5.  Standard Traffic Ordinance. A person operating a WUV, MUT, or Golf Cart on any public highway, street, road or alley within the corporate limits of the City shall be required to follow all rules and regulations as set forth in the “Standard Traffic Ordinance for Kansas Cities” as prepared and published in book form by the League of Kansas Municipalities, Topeka, Kansas, as adopted by the governing body.
Section 6.  Penalty. A violation of this Ordinance shall be an infraction.  Upon entry of plea of guilty or no contest or upon being convicted of such violation, the penalty imposed shall be a $50.00 fine.

Section 7.  Effective Date. This Ordinance shall take effect and be in full force from and after its publication in the official city newspaper.  
Passed by the council and approved by the Mayor on this          day of  July 10, 2018

Alan M. Stefek , Mayor

(SEAL)

ATTEST:

Patti L. Booher, City Clerk
_________________________

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