There is hereby incorporated by reference for the purpose of regulating traffic within the corporate limits of the City of Rose Hill, Kansas, that certain standard traffic ordinance known as the “Standard Traffic Ordinance for Kansas Cities”, 52^nd Edition (2025), prepared and published in book form by the League of Kansas Municipalities, Topeka, Kansas, save and except such articles, sections, parts or portions as are hereafter omitted, deleted, modified, or changed. No fewer than three (3) copies of said Standard Traffic Ordinance shall be marked or stamped “Official Copy as Incorporated by Ordinance No. 737,” with all sections or portions thereof intended to be omitted or changed clearly marked to show any such omissions or change to which shall be attached a copy of this article or said ordinance, and filed with the City Clerk to be open to inspection and available to the public at all reasonable hours. The Police Department, Municipal Judge and all administrative departments of the city charged with enforcement of the ordinance shall be supplied at the cost of the city, such number of official copies of such Standard Traffic Ordinance similarly marked, as may be deemed expedient.

(Ord. 651; Code 2017; Ord. 662; Ord. 670; Ord. 676; Ord. 685; Ord. 692; Ord. 699; Ord. 712; Ord. 727; Ord. 737)

(a)   An ordinance traffic infraction is a violation of any section of this ordinance that proscribes or requires the same behavior as that described or required by a statutory provision that is classified as a traffic infraction in K.S.A. Supp. 8-2118.

(b)   All traffic violations which are included within this ordinance, and which are not ordinance traffic infractions, as defined in this subsection (a) of the section, shall be considered traffic offenses.

(Ord. 651; Code 2017; Ord. 662; Ord. 670; Ord. 676; Ord 685; Ord. 692; Ord. 699; Ord. 712; Ord. 727)

The fine for violation of an ordinance traffic infraction or any other traffic offense for which the Rose Hill Municipal Judge establishes a fine in a fine schedule shall not be less than twenty dollars ($20.00), nor more than five hundred dollars ($500.00) except that the Municipal Judge shall establish a fine schedule for an ordinance parking violation in an amount not less than one dollar ($1.00) nor more than one hundred dollars ($100). A person tried and convicted for violation of an ordinance traffic infraction or other traffic offense for which a fine has been established in a schedule of fines shall pay a fine fixed by the Court not to exceed five hundred dollars ($500.00).

(Ord. 651; Code 2017; Ord. 662; Ord. 670; Ord. 676; Ord. 685; Ord. 692; Ord. 699; Ord. 712; Ord. 727)

The Standard Traffic Ordinance for Kansas Cities, 52^nd Edition (2025) is amended as follows:

SEC. 88.1 TRESPASS TO PARK

Trespass to park is:

(a)   driving a vehicle upon the real property of another for the purpose of parking a vehicle without the express authority or permission of the owner or occupant to do so; or

(b)   driving a vehicle upon the real property of a commercial establishment during business hours to park a vehicle,

(1)   without conducting any business at the commercial establishment; or

(2)   not removing the vehicle from the property of the establishment within a reasonable time after completing a business transaction at the establishment.

(K.S.A. 8-1336; K.S.A. 8-1546; Ord. 737)

SEC. 93.1 PARKING CERTAIN VEHICLES AND TRAILERS IN PROHIBITED AREAS

(a)   Unless written permission, from an authorized city official, is first obtained, no vehicle, including but not limited to transport, truck tractors, semitrailers, commercial trailer not mechanized, recreational vehicles or truck of a rated capacity of more than 1 ½ tons or being in an aggregate length of 20 feet or more, including one or more connected vehicles, shall be, at any time, parked or left unattended on any street, avenue or public way within those portions of the city that are zoned: A-1; R-1; R-2; R-3; B-1; C-1; PDO and Public Parks, provided, that nothing herein shall deny the right to park any such vehicles for emergency refueling or making an emergency repair or for the purpose of making delivery or pick up within prohibited areas; provided further, that all such vehicles may be parked in areas of the city so long as such parking shall not be contrary to other ordinances of the city relating to the parking of such vehicles.

(b)   It shall be unlawful for any person or persons to park vehicles as set forth in this section and any such person so violating any of the provisions shall upon conviction thereof, be punished by a fine of not more than $50.

Article 14 of said Standard Traffic Ordinance is hereby supplemented by adding the following section:

SEC. 104.1. CARELESS DRIVING.

No person shall operate, drive or halt any vehicle upon the streets, road or alleys of the City of Rose Hill or in any vehicle area open and accessible to the public, said area being within the corporate city limits of Rose Hill, in such a manner as to indicate a careless disregard for, or negligent inattention of, the rights or safety of others, or in such a manner as to endanger or be likely to endanger any person or property. This section shall not apply to a vehicle driven by a person on private property owned by him or her.

Sec. 114.1 (All-Terrain Vehicle); 114.2 (Micro Utility Truck); 114.4 (Golf Carts) and 114.5 (Work-Site Utility Vehicle) is amended with the provisions of Chapter XIV Article 5 (Special Purpose Vehicles).

Sec. 135.1. is replaced with the following:

135.1. MICROMOBILITY DEVICES, TRAFFIC LAW APPLICATION

(a)   Definitions. For purposes of this section, the following words and phrases shall have the meanings respectively ascribed to them in this section:

(1)   “Micromobility device” is defined as a small, lightweight, low-speed vehicle designed to be operated by a single person for personal transportation over a short distance using any combination of human powered, combustion and electric based propulsion. Micromobility devices include but are not limited to bicycles, scooters, minibikes, two-wheeled caster boards, electric assisted scooters, electric assisted bikes (e-bikes), hoverboards, and skateboards.

(2)   “Minibike” means a two-wheeled motorized vehicle that is smaller in size than a standard motorcycle and is not manufactured or intended for operation on public roadways. A minibike is generally characterized by a gasoline or electric motor of less than 125 cubic centimeters (cc) engine displacement, or equivalent power output; a low seat height, typically less than 26 inches; and small-diameter wheels, typically less than 14 inches. The term “minibike” includes “pocket bikes,” “mini motorcycles,” and other similar small-scale motorized vehicles. It does not include children’s nonmotorized bicycles and toys.

(b)   No Micromobility Device may be operated upon any public highway, street, road or alley with a posted speed limit in excess of 30 miles per hour. Micromobility devices may use Rose Hill Rd only for the shortest distance to get to a legal side street. Operation of micromobility devices are only permitted upon a street, highway or roadway, designated bicycle and multiuse paths, and in designated areas upon full compliance with the provisions set forth herein.

(c)   Traffic regulations applicable to bicycles, Sections 127 to 133, inclusive, shall be applicable to Micromobility Devices. Every person riding a Micromobility Device upon a street, highway or roadway shall be granted all of the rights and shall be subject to all of the duties applicable to bicycles.

(d)   Every person operating a Micromobility Device upon a street, highway or roadway at less than the normal speed of traffic shall ride as near to the right side of the street, highway or roadway as practicable except when:

(1)   Preparing to make a left turn at an intersection or into a private drive or roadway; and

(2)   Reasonably necessary to avoid conditions including, but not limited to, fixed or moving objects, parked or moving vehicles, bicycles, pedestrians, animals, surface hazards, or other conditions that make it unsafe to continue along the right-hand edge of the street, highway or roadway.

(e)   Persons riding Micromobility Devices upon a street, highway, or roadway shall not ride more than two abreast except on paths or parts of roadways set aside for the exclusive use of bicycles.

(f)   No person shall operate a minibike on any sidewalk, park, trail, or other property owned or maintained by the City, unless specifically authorized by law.

(g)   No Micromobility Device shall be used to carry more persons at one time than the number for which it is designed or equipped.

(h)   It shall be unlawful for any person while riding a Micromobility Device on the streets, highways, bicycle or multiuse paths of the City, to hitch or otherwise attach him or herself onto other moving vehicles.

(i)    A person operating a Micromobility Device across a street, highway or a roadway or along a crosswalk or sidewalk shall yield the right of way to any pedestrian and shall give the audible signal before overtaking and passing such pedestrian.

(j)    Any person operating a Micromobility Device across a roadway or along a crosswalk shall have all the rights and duties applicable to a pedestrian under the same circumstances.

(k)   It shall be unlawful for any person to operate a Micromobility Device at nighttime, unless equipped with a lamp on the front which shall emit a white light visible from a distance of at least 500 feet to the front and either: (1) A red reflector on the rear which shall be visible from all distances from 100 feet to 600 feet to the rear when directly in front of lawful lower beams of head lamps on a motor vehicle; (2) a lamp on the rear that shall emit a red light visible from a distance of 500 feet to the rear; or (3) the operator shall be wearing a device that emits a red or amber light that shall be visible from a distance of 500 feet to the rear. As used in this section, nighttime means any time from sunset until a half hour before sunrise, or at any other time when due to insufficient light or unfavorable atmospheric conditions, persons and vehicles on the streets, highway or roadways are not clearly discernable at a distance of 1000 (one thousand) feet ahead.

(l)    It shall be unlawful for any person to operate a Micromobility Device at a speed in excess of twenty (20) miles per hour.

(m)  All minibikes operated on a street or roadway shall have a fluorescent or brightly colored flag, not less than 6 inches by 8 inches in dimension, affixed to a vertical pole extending at least 5 feet above the ground when the device is standing upright.

(n)   Vehicle registration and driver's license shall not be required for operation of a Micromobility Device.

(o)   It shall be unlawful for the parent, guardian or other adult person having the care and custody of a minor to permit such minor to operate a micromobility device in or upon the public streets, roads, alleys, playgrounds, sidewalks, vacant lots, unsupervised places, or other public grounds, public places, or public parks between the hours of 11:00 pm and 6:00 am.

(p)   It shall be unlawful for any parent, guardian, or other adult person having the care and custody of a minor thirteen (13) years of age or younger to permit such minor to operate a Micromobility Device upon a street, highway or roadway unsupervised and without a properly fitting helmet designed for use with the type of Micromobility Device.

(q)   Any parent, guardian or person in charge of a minor thirteen (13) years of age or younger who shall permit such minor to violate the provisions of this section shall be fined not more than $250.00 or sentenced to a term of confinement of not more than ten (10) days or both.

(r)    Penalty: Any person violating any of the provisions of 135.1 shall, upon conviction, be punished by a fine not exceeding the sum of $250.00.

Sec. 135.2. OPERATION OF MICROMOBILITY DEVICE WHILE UNDER THE INFLUENCE OF DRUGS OR ALCOHOL.

(a)   No person shall ride or attempt to ride a Micromobility Device on any sidewalk, street, roadway, highway, or public path set aside for the exclusive use of pedestrian and bicycle traffic, including all public parks and playgrounds or other property under the ownership, jurisdiction or control of the city, or any other agency created to provide a public service, while under the influence of an alcoholic beverage or any drug, or under the combined influence of an alcoholic beverage and any drug to a degree which renders such person a hazard.

(b)   Any person arrested for a violation of this section may request to have a chemical test made of the person's blood, breath, or urine for the purpose of determining the alcoholic or drug content of that person's blood, and, if so requested, the arresting officer shall have discretion as to the appropriate test to be performed.

(c)   Any person, who, within the corporate limits of the city, violates any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed $500.00, or by six months imprisonment, or by both such fine and imprisonment.

Sec. 135.3. The provisions of this ordinance are severable and should any such provision be declared unconstitutional or unenforceable, such a declaration shall not affect any of the remaining provisions hereof.

(Ord. 651; Code 2017; Ord. 662; Ord. 670; Ord. 676; Ord 685; Ord. 692; Ord. 699; Ord. 712; Ord. 727; Ord. 737)