The Governing Body finds and determines it is in the best interests of the public to minimize the harmful impact on publicly maintained roads, caused by the operation of heavy vehicles or trucks, and that it is necessary to protect and preserve the public funds and roadways through the designation of roads upon which heavy vehicles or trucks are permitted, and the designation of roads upon which heavy vehicles or trucks are not permitted within the City of Lake Quivira.
(Ord. 259; Code 2022)
For the purpose of this article, the following terms, phrases, words and their derivations shall have the following meanings:
(a) Heavy Truck means a vehicle with a registered gross weight of more than 16,000 pounds and shall not include a Vehicle defined and designated as a School Bus in accordance with K.S.A. 72-8301(g) or amendments thereto.
(b) Emergency Activity means utility repairs or Construction activities required to restore utility services, to restore property as reasonably necessary to protect public health and safety, or to protect persons or property from harmful exposure to weather, and shall further mean those activities related to the operation of Vehicles by Law Enforcement or Fire personnel when related to the providing of such services.
(c) Person means any individual, association, or entity, including but not limited to, a firm, partnership, sole proprietorship, joint venture, joint stock company, partnership, association, club, company, corporation, business trust, organization, political subdivision, public or private agency of any kind, utility, or a successor or assign of any of the foregoing, and shall also mean the manager, lessee, agent, servant, officer or employee of any of foregoing.
(d) Roadway means any improved surface, intended to serve as a surface for vehicular travel, and that is publicly maintained.
(e) Vehicle means every device in, or upon which any Person or property is or may be transported or drawn upon a Roadway.
(Ord. 259; Code 2022)
No Heavy Truck shall enter or travel upon a Roadway in the City of Lake Quivira except upon a Roadway designated herein as a Heavy Truck Route.
(Ord. 259; Code 2022)
Holliday Drive from the east City limit to the west City limit is hereby designated as a Heavy Truck Route upon which Heavy Trucks may enter or travel upon within the City of Lake Quivira.
(Ord. 259; Code 2022)
This article shall not apply to Emergency Activities. This article shall not apply to Vehicles carrying goods, merchandise, or other articles to or from any location within the City of Lake Quivira abutting upon any Roadway not herein designated as a Heavy Truck Route, provided the Vehicle takes the most direct route to and from the location within the City of Lake Quivira for delivering or receiving such goods, merchandise, or other articles and the closest Heavy Truck Route, or those Roadways in neighboring cities similarly designated by Ordinance as Truck Routes. This exclusion shall not include or permit the operation of a Heavy Truck when operated for the purpose of providing transportation of an occupant to a residence occupied by the occupant, rather than for the delivery of goods or merchandise.
(Ord. 259; Code 2022)
For purposes of this article and the enforcement of the provisions thereof, there shall be a prima facie presumption that the Person named as the registered owner of such Vehicle on the date of the violation stated in the charge, as reflected on the official title, registration, vehicle identification number, or official records of the Kansas Department of Revenue, Division of Motor Vehicles, is the Person who was operating the vehicle at the point where, and for the time during which, the unlawful act prohibited by this article occurred. If the registered owner of such Vehicle is a business or corporation, it shall be a prima facie presumption that the Person identified as the corporate president listed on the most current annual report on file in the State of Kansas Secretary of State’s Office is the Person who operated the Vehicle at the point where, and for the time during which, the unlawful act prohibited by this article occurred.
(Ord. 259; Code 2022)
It is unlawful for the owner, or any other Person, employing or otherwise directing the driver of any Vehicle, to require or knowingly to permit the operation of such Vehicle upon a Roadway in any manner contrary to this article.
(Ord. 259; Code 2022)
Any Person violating any provisions of this article shall, upon conviction, be punished by a fine of not less than One Hundred Dollars and no more than Five Hundred Dollars. Each day that any violation occurs or continues shall constitute a separate offense.
An individual who violates any provision of this article, or causes such violations to exist, in the name of or on behalf of a corporation is legally responsible to the same extent as if such violations were in his or her own name or on his or her own behalf. An individual who has been convicted of a violation of this article based on conduct performed by him or her for and on behalf of a corporation is subject to punishment as an individual upon conviction of such violation.
(Ord. 259; Code 2022)