(a) Micro-utility vehicles may be operated upon the public highways, streets, roads and alleys within the corporate limits of the city with proper lighting (head lights / tail lights).
(b) “Micro-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 1,500 pounds, is able to exceed 40 miles per hour as originally manufactured, manufactured with a metal cab, 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. As used in this subsection, “low pressure tire” means any pneumatic tire six inches or more in width, designed for use on wheels with rim diameter of 12 inches or less, and utilizing an operating pressure of 10 pounds per square inch or less as recommended by the vehicle manufacturer.
(c) No micro-utility vehicle shall be operated on any public highway, street, road or alley unless such vehicle shall comply with the equipment requirements under the provisions of article 17, chapter 8 of the Kansas Statutes Annotated.
(d) Micro-utility vehicles shall be operated only in the most direct route during the course of work. “Work” means performing a particular job, task or undertaking, as either an owner/proprietor or while engaged in the employment of another, in some form of business or industry, as a means of earnings one’s livelihood or performing volunteer functions in support of nonprofit activities.
(e) Every person operating a micro-utility vehicle on the public streets, roads and alleys of the city excluding state and federal highways shall be subject to all of the duties applicable to a driver of a vehicle imposed by law.
(f) No operator shall carry any person, nor shall any person ride, in a position that will interfere with the operation or control of the micro-utility vehicle.
(g) All micro-utility vehicles are entitled to full use of a lane, and no motor vehicle shall be driven in such a manner as to deprive any micro-utility vehicle of the full use of a lane.
(h) The operator of a micro-utility vehicle shall not overtake and pass in the same lane occupied by the vehicle being overtaken.
(i) No person shall operate a micro-utility vehicle between lanes of traffic or between adjacent lines or rows of vehicles.
(j) Subsections (h) and (i) shall not apply to police officers or fire personnel in the performance of their official duties.
(Ord. 02-2009; Code 2016)
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. 02-2009; Code 2016)
No person shall operate a micro-utility vehicle on any public 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. 02-2009; Code 2016)
(a) Except as provided for in this section, golf carts may not be operated upon the public streets, roads and alleys within the corporate limits.
(b) “Golf cart” means any self-propelled vehicle that has a minimum of three (3) wheels, is powered by a battery or internal combustion motor, has an unlade weight, including fuel and fluids, of more than 2,500 pounds, has a maximum rated payload capacity of 1,200 pounds, and is designed (i) for the transportation of players or maintaining equipment on a golf course, while engaged in the playing of golf, supervising the play of golf, or maintaining the condition of the grounds on a golf course, (ii) to operate at a speed of not more than thirty-five (35) miles per hour, and (iii) to carry not more than six (6) persons including the driver on a bench or bucket type seating.
(c) Golf carts may only be operated on a public street, road or alley which has a posted speed limit of 30 miles per hour or less except for the purpose of crossing an intersection in a path ninety degrees (90º) to any public street or road with a posted speed limit in excess of 30 miles per hour.
(d) No golf cart shall be operated on any public street, road or alley between sunset and sunrise unless equipped with proper head lights, tail lights and brake lights in the same manner as required for motorcycles.
(e) Every person operating a golf cart on the public 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.
(f) No golf cart operator shall carry any person, nor shall any person ride, in a position that will interfere with the operation or control of the golf cart or the view of the operator.
(g) All golf carts are entitled to full use of a lane, and no motor vehicle shall be driven in such a manner as to deprive any golf cart of the full use of a lane.
(h) The operator of a golf cart shall not overtake and pass in the same lane occupied by the vehicle being overtaken.
(i) All golf carts must display on the back of the golf cart a “slow moving vehicle” sign of the type required under Kansas law.
(j) No person shall operate a golf cart between lanes of traffic or between adjacent lines or rows of vehicles.
(Ord. 02-2009; Code 2016)
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. 02-2009; Code 2016)
No person shall operate a golf cart on any public 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. 02-2009; Code 2016)
(a) All-terrain vehicles may be operated upon the public streets, roads and alleys within the corporate limits of the city only if they are equipped with proper head lights, tail lights and brake lights in the same manner as required for motorcycles, and are lawfully insured.
(b) “All-terrain vehicle” means any motorized non-highway vehicle 48 inches or less in width, having a dry weight of 1,000 pounds or less, traveling on three or more low pressure tires, and having a seat to be straddled by the operator. As used in this subsection, “low pressure tire” means any pneumatic tire six inches or more in width, designed for use on wheels with rim diameter of 12 inches or less, and utilizing an operating pressure of 10 pounds per square inch or less as recommended by the vehicle manufacturer.
(c) Every person operating an all-terrain vehicle on the public 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.
(Ord. 02-2009; Code 2016)
(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. This subsection shall not apply to all-terrain vehicles operated two (2) abreast in a single lane.
(b) Except as permitted in subsection (d) below, 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 not be operated more than two (2) abreast in a single lane.
(e) Subsections (b) and (c) shall not apply to police officers in the performance of their official duties.
(Ord. 02-2009; Code 2016)
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. 02-2009; Code 2016)
Any all-terrain vehicle carrying a passenger shall be equipped with a seat and footrests for such passenger.
(Ord. 02-2009; Code 2016)
(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. 02-2009; Code 2016)
A violation of any provision in sections 13-407 through 13-411 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 401, Standard Traffic Ordinance, as amended, or such other similar provision as the city may then have in effect.
(Ord. 02-2009; Code 2016)
No person shall operate an all-terrain vehicle on any state or federal highway or 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. 02-2009; Code 2016)
(a) No person shall operate a pocket bike on any street, road or alley within the corporate limits of the city except as a participant in a parade or procession authorized by the chief of police in accordance with Section 119, Standard Traffic Ordinance, provided that operator is only allowed to take the direct route to and from the staging area of the authorized parade or procession.
(b) “Pocket bike” means every device having two tandem wheels, or three wheels which may be propelled by a gasoline engine and which the headlights are lower than 24 inches, its tailpipe is lower than 15 inches and no vehicle identification number is located on the vehicle nor can ownership of the vehicle be registered.
(Ord. 02-2009; Code 2016)
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. 02-2009; Code 2016)
(a) Riding lawnmowers may be operated upon the public highways, streets, roads and alleys located within the corporate limits of the city only if they are equipped with proper head lights, tail lights, and break lights in the same manner as required for motorcycles.
(b) “Riding lawnmower” 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 1,500 pounds, is able to exceed 40 miles per hour as originally manufactured, manufactured with a metal cab, 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.
(c) Riding lawnmowers may only be operated on a public street, road or alley which has a posted speed limit of 30 miles per hour or less except for the purpose of crossing an intersection in a path ninety degrees (90º) to any public street or road with a posted speed limit in excess of 30 miles per hour.
(d) Riding lawnmowers shall be operated only in the most direct route during the course of “work. “Work” means performing a mowing job at a particular location or returning from a mowing job while engaged as either an owner/proprietor or while engaged in the employment of another, in some form of yard service, mowing or landscaping business as a means of earnings one’s livelihood or performing similar volunteer functions in support of nonprofit facilities.
(e) Every person operating a riding lawnmower on the public streets, roads and alleys of the city excluding state and federal highways shall be subject to all of the duties applicable to a driver of a vehicle imposed by law.
(f) No operator shall carry any person, nor shall any person ride, in a position that will interfere with the operation or control of the riding lawnmower.
(g) All riding lawnmowers are entitled to full use of a lane, and no motor vehicle shall be driven in such a manner as to deprive any riding lawnmower of the full use of a lane.
(h) The operator of a riding lawnmower shall not overtake and pass in the same lane occupied by the vehicle being overtaken.
(i) No person shall operate a riding lawnmower between lanes of traffic or between adjacent lines or rows of vehicles.
(Ord. 02-2009; Code 2016)
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. 02-2009; Code 2016)
(a) “Skateboard” means a device for riding upon, either for sport or transportation, which is propelled by human power, consisting of an oblong piece of wood or other rigid material mounted upon wheels or rollers, but excluding wagons, scooters, strollers, carts and toy vehicles.
(b) No person shall operate a skateboard within the city in or on any of the following:
(1) Any privately owned property, or on 9th Street, Walnut Street, Central Street and 2nd Street or any property, whether publicly or privately owned, adjacent to said streets;
(2) Any city-owned parking lot or parking garage; and
(3) Any other parking lot, parking garage or property within the city when such property is clearly and visibly marked by a sign or signs indicating that skateboard use is prohibited thereon. Such signs shall have lettering of at least one and one-half inches high and one-half inch wide. For signs required hereunder, the provisions of Article 4 of the city’s STO shall have no application. When such signs are present upon privately owned property, the police department shall be authorized thereby to enforce the provisions of this section.
(c) No person operating a skateboard in the city shall coast or otherwise move upon a skateboard in a reckless manner on any public sidewalk within the city, or without exercising due care for the safety of others using the sidewalks, or to otherwise endanger or interfere with pedestrian traffic.
(d) This section shall not apply to the following and any person may operate a skateboard in a non-reckless manner within the city in or on:
(1) Paved areas within the bounded area described herein which are set aside for bicycle use and commonly referred to as bicycle paths, however, the use of ramps (portable or otherwise) or any similar device is prohibited upon all areas designated as bicycle paths within the city;
(2) Property which is specifically intended for commercial skateboard use, such as a skateboard park or similar facility; and
(3) Property where the owner has given permission for the use of skateboards and such property is clearly and visibly marked by a sign or signs indicating that skateboard use is allowed hereon. Such signs shall have lettering of at least one and one-half inches high and one-half inch wide. For signs required hereunder, the provisions of Article 4 of the city’s STO shall have no application.
(Ord. 02-2009; Code 2016)
(a) 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.
(b) In addition to the penalty for violation of this section, any skateboard may be seized in connection with said violation and may, in the discretion of the trial court be released back to the rightful owner upon their appearance in court or may otherwise be destroyed by the chief of police when the property is no longer needed for evidence.
(Ord. 02-2009; Code 2016)
(a) Before operating any micro utility truck, all-terrain vehicle or golf cart 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 registration decal shall be obtained and placed on the micro utility truck, all-terrain vehicle or golf cart. The registration fee shall be as set forth in Section 13-420(i). Such decal will contain the following information: (1) City of Peabody; (2) Year the registration is valid for; (3) Registration number; (4) Type of vehicle (micro utility truck, ATV, or golf cart); and (5) A citation to this ordinance.
(b) Prior to the issuance of the registration, each applicant 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, proof that such applicant has a valid driver’s license, and payment of the fees herein provided, a registration decal shall be issued to the owner who shall attach it to the vehicle. The registration decal shall be displayed in such a manner as to be clearly visible from the rear of the vehicle.
(c) The following information will be filed with the police department and available for public inspection: (1) the first and last name of the individual registering the vehicle; (2) the number on the registration decal; (3) the year/make/model of the vehicle; (4) the date the registration was granted; and (5) whether such registration is currently suspended or revoked.
(d) At all times, all information on the registration decal shall be free from any obstruction impacting legibility of the registration decal, however slight the obstruction, and whether done intentionally or unintentionally.
(e) The registration issued hereunder is strictly non-transferrable. In the event of sale or other transfer of ownership of any vehicle license under the provisions of this section, the existing registration and the right to use the numbered registration display shall immediately expire, and the registration decal shall be removed by the owner immediately. It is unlawful for any person to affix the registration decal on any other vehicle.
(f) In the event a registration decal is lost or destroyed, the city clerk, upon proper showing by the licensee and the payment of a fee as set forth in Section 13-420(i), shall issue a replacement registration decal in accordance with the provisions of this ordinance.
(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, all-terrain vehicle or golf cart, as defined herein:
(A) which is not registered;
(B) which does not have the current registration decal attached thereto and displayed thereon;
(C) by any person that does not have a valid driver’s license, or to knowingly permit such operation by a person that the owner knows, or should know, does not have a valid driver’s license; and
(D) by any person with a registration granted under this ordinance that is currently suspended or revoked.
(2) Display, cause or permit to be displayed, or to have in possession, any registration receipt, or registration decal knowing the same to be fictitious or to have been canceled, revoked, suspended or altered;
(3) Lend to or knowingly permit the use by one not entitled thereto any registration receipt or registration decal issued to the person so lending or permitting the use thereof; and
(4) Remove, conceal, alter, mark or deface the registration decal, or otherwise obstruct, however slight, and whether intentional or unintentional, any information on the registration decal. Registration decals shall be kept clean and placed as required by law so as to be plainly visible and legible from the rear of the vehicle.
(h) All violations of this ordinance shall be an unclassified misdemeanor. Each day such a violation exists may be considered a separate offense. The penalties for such violations are as follows:
(1) Upon a first conviction, a fine of not less than $100, not more than $500. The individual shall have all registrations issued under this ordinance suspended for a minimum of thirty (30) days and shall not be eligible to apply for new registrations during such period of suspension;
(2) Upon a second conviction, a fine of not less than $250, not more than $500. The individual shall have all registrations issued under this ordinance suspended for a minimum of ninety (90) days and shall not be eligible to apply for new registrations during such period of suspension;
(3) Upon a third conviction, a fine of $500. The individual shall have all registrations issued under this ordinance suspended for a minimum of one (1) year and shall not be eligible to apply for new registrations during such period of suspension; and
(4) Upon a fourth or subsequent conviction, a fine of $500 and a minimum of twenty-four (24) hours incarceration in the county jail. The individual shall have all registrations issued under this article revoked indefinitely and shall not be eligible to apply for new registrations unless reinstated. After a period of five (5) years, the individual may file a petition with the city clerk for a hearing before the governing body requesting reinstatement of such registration privileges. The governing body shall grant such reinstatement if it finds that, during the period of revocation: (1) the individual has not been convicted of violating any city ordinance; and (2) there is not good cause, based upon articulable facts contained in a written order, to believe that the individual will fail to comply with this ordinance if reinstated. If the petition is denied, the individual may petition again in five (5) years from the date of the hearing.
(i) The registration fee for any registration issued under this section shall be $50.00, which shall include a numbered registration decal to display. Replacement decals shall be provided at the cost of $25.00 per decal. All registrations shall expire at 5:00 p.m. on January 1 of each year. The cost of any registration, or replacement registration decal, shall be the full amounts listed above and shall not be pro-rated.
(Ord. 05-2025)