Johnson County, Kansas Traffic Law Center | Traffic & Speeding Ticket Amendment Lawyers-Attorneys-Law Firm | Amendments, Diversions, Legal Representation

Our law firm's Prairie Village speeding & traffic ticket amendment attorneys can amend, "fix," or divert Prairie Village red light tickets, stop sign violations, failure to yield citations, lane violations, and most other tickets

Do not plead guilty or simply pay a Prairie Village  ticket - call one of our Prairie Village traffic attorneys and have us amend, divert, or "fix" your ticket to non-moving violation!

If you find yourself charged with speeding or another traffic violation in Prairie Village, you are facing increased insurance rates and negative marks on your driving record.  Even if you haven't had a ticket in years, one Prairie Village speeding/traffic ticket could cause you to lose your "good driver" discount.  The result of the citation could result in auto insurance premium increases of 20%, 30%, 50% or more. These higher rates usually last for years.

A Prairie Village speeding/traffic ticket will also be recorded on your driving record which could lead to a driver's license suspension immediately or in the future.  Some states use a "point" system, while Kansas simply counts the number of violations a driver has in a given time period. 

There are better options other than simply paying the ticket - an experienced Prairie Village speeding/traffic ticket attorney may be able to have your speeding/traffic ticket amended to a non-moving violation (such as "illegal parking")which will help protect your rights, your insurance premiums, and your driving history. 

Learn how our law office's traffic lawyers usually amend or "fix" Prairie Village, Kansas speeding and traffic tickets

Our law office's traffic lawyers can "fix," amend, or divert most Prairie Village speeding/traffic citations with very little effort on your part.  For instance, we can amend or divert most Prairie Village speeding/traffic tickets with just a few simple steps:

1.  Call our law firm with your Prairie Village ticket number and payment information.  If you have lost your Prairie Village speeding or traffic ticket or if you do not have it with you, we can still look up most tickets. 

If you wish to make payment by credit card over the phone, then your involvement in the process is done.  Otherwise, we will simply need payment sent to our office in the form of check, credit card, or cash.

We will take this information down and proceed to step #2.

2.  Our law firm will contact the Prairie Village Municipal Court and enter an appearance on your ticket.  Once we enter an appearance, you will no longer have to appear in court for most tickets. 

If you received a ticket from a Prairie Village Police officer, we will contact the Prairie Village Municipal Court, etc.  If you received a ticket from a Johnson County Sheriff or Kansas Highway Patrol trooper, your ticket will proceed in Johnson County District Court, and we will contact that court.  

3.  The Prairie Village Court Clerk will place the ticket on an "attorney plea docket."  This is a separate court date which takes the place of your original court date, and where we will negotiate an advantageous resolution with the prosecutor.

4.  One of our law office's traffic attorneys will appear in Prairie Village Municipal Court on the attorney plea docket date arranged by the Court.  One of our law firm's traffic lawyers will appear in Prairie Village on your behalf, arrange a amendment or "fix" for your ticket, and then pay the court.  Most Prairie Village speeding/traffic tickets will be amended to a parking violation which will not affect your license status or insurance rates. 

Other moving violations may be diverted or amended, in all cases you will need to speak to one of our Johnson County traffic attorneys to determine what the expected resolution of your case will be.

5.  We will send you confirmation of the resolution via mail, including a receipt from Prairie Village Municipal Court.  

Our Prairie Village ticket amendment process really is usually this easy!

KSA 8-235, the Kansas Driving While Suspended statute:

Licenses required; city license, when; appeal from denial of license; vehicles registered under temporary permit; penalty; motorized bicycle driver's license. (a) No person, except those expressly exempted, shall drive any motor vehicle upon a highway in this state unless such person has a valid driver's license. No person shall receive a driver's license unless and until such person surrenders or with the approval of the division, lists to the division all valid licenses in such person's possession issued to such person by any other jurisdiction. All surrendered licenses or the information listed on foreign licenses shall be returned by the division to the issuing department, together with information that the licensee is now licensed in a new jurisdiction. No person shall be permitted to have more than one valid license at any time.

      (b)   Any person licensed under the motor vehicle drivers' license act may exercise the privilege granted upon all streets and highways in this state and shall not be required to obtain any other license to exercise such privilege by any local authority. Nothing herein shall prevent cities from requiring licenses of persons who drive taxicabs or municipally franchised transit systems for hire upon city streets, to protect the public from drivers whose character or habits make them unfit to transport the public. If a license is denied, the applicant may appeal such decision to the district court of the county in which such city is located by filing within 10 days after such denial, a notice of appeal with the clerk of the district court and by filing a copy of such notice with the city clerk of the involved city. The city clerk shall certify a copy of such decision of the city governing body to the clerk of the district court and the matter shall be docketed as any other cause and the applicant shall be granted a trial of such person's character and habits. The matter shall be heard by the court de novo in accordance with the code of civil procedure. The cost of such appeal shall be assessed in such manner as the court may direct.

      (c)   Any person operating in this state a motor vehicle, except a motorcycle, which is registered in this state other than under a temporary thirty-day permit shall be the holder of a driver's license which is classified for the operation of such motor vehicle, and any person operating in this state a motorcycle which is registered in this state shall be the holder of a class M driver's license, except that any person operating in this state a motorcycle which is registered under a temporary thirty-day permit shall be the holder of a driver's license for any class of motor vehicles.

      (d)   No person shall drive any motorized bicycle upon a highway of this state unless: (1) Such person has a valid driver's license which entitles the licensee to drive a motor vehicle in any class or classes; (2) such person is at least 15 years of age and has passed the written and visual examinations required for obtaining a class C driver's license, in which case the division shall issue to such person a class C license which clearly indicates such license is valid only for the operation of motorized bicycles; or (3) such person has had their driving privileges suspended, for a violation other than a violation of K.S.A. 8-1567 or 8-1567a, and amendments thereto, and has made application to the division for the issuance of a class C license for the operation of motorized bicycles, in accordance with paragraph (2), in which case the division shall issue to such person a class C license which clearly indicates such license is valid only for the operation of motorized bicycles.

      (e)   Violation of this section shall constitute a class B misdemeanor.

Prairie Village Kansas Municipal traffic code:

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CHAPTER XI. PUBLIC OFFENSES & TRAFFIC
Article 1. Uniform Offense Code
Article 2. Local Regulations
Article 3. Drugs
Article 4. Smoking
Article 5. Criminal Littering
Article 6. Standard Traffic Ordinance
Article 7. Local Traffic Regulations
Article 8. Towing Regulations
Article 9. Hazardous Materials
Article 10. Parades
Article 11. Street Race Contests
Article 12. Temporary Parking of Construction Equipment Vehicles
Article 13. Restricted Residential Parking
_________________________
ARTICLE 1. UNIFORM OFFENSE CODE
11-101. INCORPORATING UNIFORM PUBLIC OFFENSE CODE. There is hereby
incorporated by reference for the purpose of regulating public offenses within the
corporate limits of the City of Prairie Village, Kansas, that certain code known as the
"Uniform Public Offense Code," edition of 2010, prepared and published in book form
by the League of Kansas Municipalities, Topeka, Kansas, with certain sections
deleted and with additional and supplemental sections, such incorporations being
authorized by K.S.A. §12-3301 and 12-3302 and K.S.A. §12-3009 through 12-3012.
No fewer than three copies of said Uniform Public Offense Code shall be marked or
stamped, “Official Copy as Incorporated by the Code of the City of Prairie Village,
Kansas” with such additional sections clearly marked and filed with the City Clerk to
be open to inspection and available to the public at all reasonable hours. (Ord. 2069,
Sec. 1, 2004; Ord. 2085, Sec. 1, 2004; Ord. 2102, Sec. 1, 2005; Ord. 2136, Sec. 1,
2006; Ord. 2158, Sec. 1, 2007; Ord. 2177, Sec. 1, 2008; Ord. 2210, Sec. 1, 2009;
Ord. 2232, Sec. 1, 2010)
11-102. UNIFORM PUBLIC OFFENSE CODE; ADDITIONS. Article 5 of the Uniform
Public Offense Code is hereby amended by deleting existing Section 5.6 inserting in
place thereof the following:
Section 5.6 Purchase or Possession of Cigarettes or Tobacco Products by a
Minor.
It shall be unlawful for any person:
(a) Who is under 18 years of age to purchase or attempt to purchase cigarettes or
tobacco products; or
(b) Who is under 18 years of age to possess or attempt to possess cigarettes or
tobacco products. (K.S.A. 79-3321:3322, as amended)
Violation of this section shall be an ordinance cigarette or tobacco infraction for which
the fine shall be a minimum of $25 and a maximum of $100. In addition, the judge
may require the juvenile to appear in court with a parent or legal guardian. (Ord.
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2069, Sec. 2, 2004; Ord. 2102, Sec. 2, 2005; Ord. 2136, Sec. 2, 2006; Ord. 2158,
Sec. 2, 2007; Ord. 2177, Sec. 2, 2008; Ord. 2210, Sec. 2, 2009; Ord. 2232, Sec. 2,
2010)
11-103. SAME. Article 5 of the Uniform Public Offense Code is hereby amended by
deleting the existing Section 5.8 and inserting in place thereof the following:
Section 5.8 Unlawful Possession, Consumption, and Acquisition of Alcohol or
Cereal Malt Beverages by Minor.
(a) No person under 21 years of age shall possess or consume alcoholic liquor or
cereal malt beverages except as authorized by law.
Violation of this subsection is a violation punishable:
(1) By a fine of not less than $200.00 or by 40 hours of community service or
by both, if committed on premises licensed pursuant to Article 26 of
Chapter 41 of the Kansas Statues Annotated; or
(2) By a fine of not less than $200.00 or by 10 hours of community service, or
by both, if committed on any other premises.
(b) No person under 21 years of age shall obtain or purchase, or attempt to obtain
or purchase, alcoholic liquor or cereal malt beverages from any person except
as authorized by law.
Violation of this subsection is a violation punishable by a fine of not less
than $100.00 and not more than $250.00 or by 40 hours of community service,
or by both.
(Ord. 1885, Sec. 2, 1995; Ord. 2017, Sec 2, 2001; Ord. 2102, Sec. 3, 2005;
Ord. 2136, Sec. 3, 2006; Ord. 2158, Sec. 3, 2007; Ord. 2177, Sec. 3, 2008;
Ord. 2210, Sec. 3, 2009; Ord. 2232, Sec. 3, 2010)
11-104. SAME. Article 6 of the Uniform Public Offense Code is hereby supplemented to
add the following provisions.
Section 6.26 Unlawful Posting of Pictures and Advertisements.
(a) Unlawful posting of pictures and advertisements is:
(1) The putting up, affixing or fastening of either or both to a traffic control
device or traffic control standard or telegraph, telephone, electric light,
power or other utility pole, but it is not unlawful to affix official traffic control
devices to such poles; or
(2) The placement of either or both on public property other than as
prescribed in subdivision 3 of this subsection;
(3) The placement of either or both on right-of-way without the consent of the
landowner or the person in possession whose land lies along the right-ofway
where such picture or advertisement is placed; or
(4) The placement of either on private property without the consent of the
landowner or the person in possession of such property.
(b) It is unlawful for any person within the city limits to tack, paste, paint, hang or
place in any manner whatsoever, or cause to be tacked, posted, hung, or
placed in any manner whatsoever, any handbills, dodgers, signs, or
advertisements, written or unwritten, or printed matter, to or upon any telephone
or telephone pole, sidewalk, or building in the city, or to throw, scatter or cause
to be thrown or scattered, any handbills, dodgers or other advertisements or
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propaganda, or of written or printed matter or paper of any kind upon any street,
alley, sidewalk, vacant lot, city property, or yard within the city limits.
Unlawful posting of pictures and advertisements is a Class C violation.
(Ord. 2069, Sec. 3, 2004; Ord. 2085, Sec. 3, 2004; Ord. 2102, Sec. 4, 2005; Ord.
2136, Sec. 4, 2006; Ord. 2158, Sec. 4, 2007; Ord. 2177, Sec. 4, 2008; Ord. 2210,
Sec. 4, 2009; Ord. 2232, Sec. 4, 2010)
Section 6.27 Opening, Damaging or Removing Coin-Operated Machines.
Opening, damaging or removing coin-operated machines is willfully and knowingly
opening, removing or damaging any parking meter, coin telephone, vending machine
dispensing goods or services, money changer or any other device designed to
receive money in the sale, use or enjoyment of property or services or any part
thereof, with intent to commit theft.
Violation of this section is a Class A violation. (Ord. 2069, Sec. 3, 2004; Ord. 2085,
Sec. 3, 2004; Ord. 2102, Sec. 4, 2005; Ord. 2136, Sec. 4, 2006; Ord. 2158, Sec. 4,
2007; Ord. 2177, Sec. 4, 2008; Ord. 2210, Sec. 4, 2009; Ord. 2232, Sec. 4, 2010)
Section 6.28 Possession of Tools for Opening, Damaging or Removing Coin-
Operated Machines. Possession of tools for opening, damaging or removing coinoperated
machines is the possession of any key, tool, instrument or other device, or
any drawing, print or mold of a key or other device or any explosive specifically
designed for or suitable for the use in opening or breaking into any parking meter,
coin telephone, vending machine dispensing goods or services, money changer or
any other device designed to receive money in the sale, use or enjoyment of property
or services with intent to commit theft.
Violation of this section is a Class B violation. (Ord. 2069, Sec. 3, 2004; Ord. 2085,
Sec. 3, 2004, Ord. 2136, Sec. 4, 2006; Ord. 2158, Sec. 4, 2007; Ord. 2177, Sec. 4,
2008; Ord. 2210, Sec. 4, 2009; Ord. 2232, Sec. 4, 2010)
11-105. SAME. Article 9 of the Uniform Public Offense Code is hereby amended by
deleting the existing Section 9.9 and inserting in place thereof the following:
Section 9.9 Abusing Toxic Vapors
(a) Abusing toxic vapors is knowingly possessing, buying, using, smelling, or
inhaling the fumes of toxic vapors with the intent of causing a condition of
euphoria, excitement, exhilaration, stupefaction, or dulled senses of the nervous
system.
(b) This section shall not apply to the inhalation of anesthesia or other substances
for medical or dental purposes.
(c) In a prosecution for a violation of this section, evidence that a container lists one
or more of the substances which are defined as a toxic vapor as one of its
ingredients shall be prima facie evidence that the substance in such container
contains toxic vapors and emits the fumes thereto. (K.S.A. 21-36a12(a))
Abusing toxic vapors is a Class B violation. In addition to any sentence or fine
imposed, the court shall enter an order which requires that the person enroll in and
successfully complete an alcohol and drug safety action education program or
treatment program as provided in K.S.A. 8-1008, and amendments thereto, or both
the education and treatment program.
(Ord. 2210, Sec. 5, 2009; Ord. 2232, Sec. 4, 2010)
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11-106. SAME. Article 9 of the Uniform Public Offense Code is hereby supplemented to add
the following provisions:
Section 9.14 Loitering.
(a) Loitering is loafing, wandering, standing or remaining idle, either alone or in
concert with others, in a public place in such manner so as to:
(1) Obstruct any public street, public highway, public sidewalk or public
building or any other place of public access by hindering or impeding or
tending to hinder or impede the free and uninterrupted passage of
vehicles, traffic or pedestrians;
(2) Committing in or upon any public street, public highway, public sidewalk
or public building or any other place of public access any act or thing
which is an obstruction or interference to the free and uninterrupted use of
property or with any business lawfully conducted by anyone in or upon or
facing or fronting on any such public street, public highway, public
sidewalk or public building or any other place of public access, all of which
prevents the free and uninterrupted ingress, egress and regress therein,
thereon and thereto.
(b) When any person causes or commits any of the conditions enumerated in this
section, a law enforcement officer shall order that person to stop causing or
committing such conditions and to move on or disperse. Any person who fails
or refuses to obey such order is guilty of a violation of this section.
Violation of this section is a Class C violation. (Ord. 2069, Sec. 4, 2004; Ord. 2085,
Sec. 4, 2004; Ord. 2102, Sec. 5, 2005, Ord. 2136, Sec. 5, 2006; Ord. 2158, Sec. 5,
2007; Ord. 2177, Sec. 5, 2008; Ord. 2210, Sec. 6, 2009; Ord. 2232, Sec. 6, 2010)
Section 9.15 Unsolicited Publications -- Penalty.
(a) No person shall either directly or indirectly place or deposit or cause to be placed
or deposited, upon any building or structures used for human abode, including
the lot or lots upon which the structure is located or upon any right-of-way or city
property within the city, any newspaper, magazine, publication or any other
printed material if the owner or occupant of the structure has previously
requested in writing that the publisher or deliverer of the material not place or
deposit the material on the structure or lot.
(b) Exceptions. The provisions of this section shall not apply to distributions made
through the U.S. Postal Service or any other private postal service.
(c) Penalties. Any person who violates the provisions of this section shall, upon
conviction thereof, be punished for each such violation by a fine not exceeding
$100 for each such violation. (Ord. 2069, Sec. 4, 2004; Ord. 2102, Sec. 5,
2005; Ord. 2136, Sec. 5, 2006; Ord. 2158, Sec. 5, 2007; Ord. 2177, Sec. 5,
2008; Ord. 2210, Sec. 6, 2009; Ord. 2232, Sec. 6, 2010)
Section 9.16 Residential Picketing. It is unlawful for any person to engage in
picketing before or about the residence or dwelling of any individual in the city or
before or about any church in the city.
Every person convicted of violating this section shall be imprisoned for not more than
one year or fined not more than $2,500 or by both such fine and imprisonment,
11-5
provided that any person convicted of a second or subsequent conviction shall be
required to be confined to not less than five consecutive days in the county jail in
addition to any penalty assessed, which period of imprisonment shall not be
suspended nor the defendant placed on probation until the five consecutive days are
served.
(Ord. 2069, Sec. 4, 2004; Ord. 2085, Sec. 4, 2004; Ord. 2102; Sec. 5, 2005; Ord.
2110, Sec 1, 2005; Ord. 2136, Sec. 5, 2006; Ord. 2158, Sec. 5, 2007; Ord. 2177,
Sec. 5, 2008; Ord. 2210, Sec. 6, 2009; Ord. 2232, Sec. 6, 2010)
11-107. SAME. Article 10 of the Uniform Public Offense Code is hereby amended by
deleting existing Section 10.1 and inserting in place thereof the following:
Section 10.1 Criminal Use of Weapons.
(a) Criminal use of weapons is knowingly:
(1) Selling, manufacturing, purchasing, possessing or carrying any bludgeon,
sandclub, metal knuckles or throwing star, or any knife, commonly
referred to as a switch-blade, which has a blade that opens automatically
by hand pressure applied to a button, spring or other device in the handle
of the knife, or any knife having a blade that opens or falls or is ejected
into position by the force of gravity or by an outward, downward or
centrifugal thrust or movement. This subsection shall not prohibit any
ordinary pocket knife, which has a spring, detent or other device which
creates a bias towards closure of the blade and which requires hand
pressure applied to such spring, detent, or device through the blade of the
knife to overcome the bias towards closure to assist in the opening of the
knife;
(2) Carrying concealed on one’s person or possessing with intent to use the
same unlawfully against another, a dagger, dirk, billy, blackjack, slung
shot, dangerous knife, straight-edged razor stiletto or any other dangerous
or deadly weapon or instrument of like character, except that an ordinary
pocket knife with no blade more than four inches in length, shall not be
construed to be a dangerous knife or a dangerous or deadly weapon or
instrument;
(3) Carrying on one’s person or in any land, water or air vehicle, with intent to
use the same unlawfully, a tear gas or smoke bomb or projector or any
object containing a noxious liquid, gas or substance;
(4) Carrying any pistol, revolver, shotgun, rifle or other firearm with similar
characteristics, concealed or exposed on or about the person, or in or on
any part or area of any air, land or water vehicle unless the pistol, revolver
or other firearm is unloaded and encased in a container that completely
encloses the pistol, revolver or other firearm, except when on the person’s
land or in the person’s abode or fixed place of business;
(5) Setting a spring gun;
(6) Possessing any device or attachment of any kind designed, used or
intended for use in silencing the report of any firearm.
(b) Subsections (a) (1), (2), (3) and (4) shall not apply to or affect any of the
following:
(1) Law enforcement officers or any person summoned by an officer to assist
in making arrests or preserving the peace, while actually engaged in
assisting that officer;
11-6
(2) Wardens, superintendents, directors, security personnel and keepers of
prisons, penitentiaries, jails and other institutions for the detention of
persons accused or convicted of crimes, while acting within the scope of
their authority;
(3) Members of the armed services or reserve forces of the Untied States or
the Kansas National Guard while in the performance of their official duty;
or
(4) Manufacture of, transportation to, or sale of weapons to a person
authorized under (b) (1) through (b) (3) of this section to possess such
weapons.
(c) Subsection (a) (4) does not apply to or affect the following:
(1) Watchmen, while actually engaged in the performance of the duties of
their employment;
(2) Licensed hunters or fishermen, while engaged in hunting or fishing;
(3) Private detectives licensed by the state to carry the firearm involved, while
actually engaged in the duties of their employment;
(4) Detectives or special agents regularly employed by railroad companies or
other corporations to perform full-time security or investigative service,
while actually engaged in the duties of their employment; or
(5) The state fire marshal, the state fire marshal’s deputies or any member of
a fire department authorized to carry a firearm pursuant to K.S.A. Supp.
31-157 and amendments thereto, while engaged in an investigation in
which the fire marshal, deputy or member is authorized to carry a firearm
pursuant to K.S.A. 31-157 and amendments thereto.
(d) Subsections (a)(1) and (6) shall not apply to any person who sells, purchases,
possesses or carries a firearm, device or attachment which has been rendered
unserviceable by steel weld in the chamber and marriage weld of the barrel to
the receiver and that has been registered in the national firearms registration
and transfer record in compliance with 26 U.S.C. 5841 et seq. in the name of
that person and, if that person transfers that firearm, device or attachment to
another person, has been so registered in the transferee’s name by the
transferor.
(e) Subsection (a)(4) shall not apply to any person carrying a concealed weapon as
authorized by K.S.A. Supp. 75-7c01 through 75-7c17.
(f) It shall be a defense that the defendant is within an exemption. (K.S.A. 21-
4201)
(g) Violation of this section is a Class A violation.
(Ord. 2069, Sec. 5, 2004; Ord. 2085, Sec. 5, 2004; Ord. 2102, Sec. 6, 2005; Ord.
2136, Sec. 6, 2006; Ord. 2158, Sec. 6, 2007; Ord. 2177, Sec. 6, 2008; Ord. 2210, Sec.
7, 2009; Ord. 2232, Sec. 7, 2010)
Section 10.1.1 Concealed Carry; Where Prohibited.
(a) No license issued pursuant to Chapter 32 of the 2006 Session Laws of Kansas
shall authorize the licensee to carry a concealed weapon into:
(1) Any place where an activity declared a common nuisance by K.S.A. 22-
3901, and amendments thereto, is maintained;
(2) Any police, sheriff, or highway patrol station;
(3) Any detention facility, prison, or jail;
(4) Any courthouse;
11-7
(5) Any courtroom, except that nothing in this section would preclude a judge
from carrying a concealed weapon or determining who will carry a
concealed weapon in the judge’s courtroom;
(6) Any polling place on the day an election is held;
(7) Any meeting of the governing body of a court, city, or other political or
taxing subdivision of the state, or any committee or subcommittee thereof;
(8) On the state fairgrounds;
(9) Any state office building;
(10) Any athletic event not related to or involving firearms which is sponsored
by a private or public elementary or secondary school or any private or
public institute of postsecondary education;
(11) Any professional athletic event not related or involving firearms;
(12) Any portion of a drinking establishment as defined by K.S.A. 41-2601, and
amendments thereto, except that this provision shall not apply to a
restaurant as defined by K.S.A. 41-2601, and amendments thereto;
(13) Any elementary or secondary school building or structure used for student
instruction or attendance;
(14) Any community college, college, or university facility;
(15) Any place where the carrying of firearms is prohibited by federal or state
law;
(16) Any child exchange and visitation center provided for in K.S.A. 75-720
and amendments thereto;
(17) Any community mental health center organized pursuant to K.S.A. 19-
4001 et seq., and amendments thereto; mental health clinic organized
pursuant to K.S.A. 65-211 et seq., and amendments thereto; psychiatric
hospital licensed under K.S.A. 75-3307b, and amendments thereto; or
state psychiatric hospital, as follows: Larned state hospital, Osawatomie
state hospital, or Rainbow mental health facility;
(18) Any city hall;
(19) Any public library operated by the state or political subdivision of the state;
(20) Any day care home or group day care home, as defined in Kansas
administrative regulation 28-4-113, or any preschool or childcare center,
as defined in Kansas administrative regulation 28-4-420; or
(21) Any church or temple.
(b) Violation of section is a Class A violation. (2006 Session Laws of Kansas,
Chapter 32)
(Ord. 2136, Sec. 6, 2006; Ord. 2158, Sec. 6, 2007; Ord. 2177, Sec. 6, 2008; Ord.
2210, Sec. 7, 2009; Ord. 2232, Sec. 7, 2010)
10.1.2 Concealed Carry; Where Prohibited by Employers.
(a) Nothing in Chapter 32 of the 2006 Session Laws of Kansas shall be construed
to prevent:
(1) Any public or private employer from restricting or prohibiting in any
manner persons licensed under the act from carrying a concealed
weapon while on the premises of the employer’s business or while
engaged in the duties of the person’s employment by the employer; or
(2) Any entity owning or operating business premises open to the public from
restricting or prohibiting in any manner persons licensed under the act
from carrying a concealed weapon while on such premises, provided that
the premises are posted in a manner reasonably likely to come to the
11-8
attention of persons entering the premises, as premises where carrying a
concealed weapon is prohibited; or
(3) A property owner from restricting or prohibiting to any manner persons
licensed under the act from carrying a concealed weapon while on such
property provided that the premises are posted, in a manner reasonably
likely to come to the attention of persons entering the property where
carrying a concealed weapon is prohibited.
(b) Carrying a concealed weapon on premises in violation of any restriction or
prohibition allowed by subsection (a), or in violation of any restriction or
prohibition allowed by subsection (b) or (c) if the premises are posted as
required by such subsection, is a Class B violation. (2006 Session Laws of
Kansas, Chapter 32)
(Ord. 2136, Sec. 6, 2006; Ord. 2158, Sec. 6, 2007; Ord. 2177, Sec. 6, 2008; Ord.
2210, Sec. 7, 2009; Ord. 2232, Sec. 7, 2010)
10.1.3 Concealed Carry; When Impaired. It is a Class A violation for a person
licensed pursuant to Chapter 32 of the 2006 Session Laws of Kansas to carry a
concealed weapon while under the influence of alcohol or drugs, or both. (2006
Session Laws of Kansas, Chapter 32)
(Ord. 2136, Sec. 6, 2006; Ord. 2158, Sec. 6, 2007; Ord. 2177, Sec. 6, 2008; Ord.
2210, Sec. 7, 2009; Ord. 2232, Sec. 7, 2010)
11-108. SAME. Article 10 of the Uniform Public Offense Code is hereby amended to
delete sections 10.24 Somking Prohibited, 10.25, Somking-Posted Premises and
10.26, Smoking Prohibited-Penalties and supplemented to add the following
provisions:
Section 10.24 Intoxicating Liquor and Cereal Malt Beverage -- Consumption
and Possession of Open Containers Prohibited at Certain Places. It is unlawful
for any person to drink, consume, or possess an open container of alcoholic liquor or
cereal malt beverage upon the public streets, alleys, roads or highways, or upon
property owned by the City.
(a) The provisions of this section shall not apply to the consumption or possession
of alcoholic liquor or cereal malt beverage upon property owned by the City and
operated as the Prairie Village Community Center; provided further, that no
person shall possess or consume any alcoholic liquor or cereal malt beverage
at the Prairie Village Community Center unless:
(1) That person is in attendance at an event or a function for which permit
authorizing the serving and consumption of liquor and beer has been
previously issued by the city, and
(2) The liquor or beer being consumed has been provided by the individual,
person, or organization to which the permit has been issued.
Violation of this section is a Class C violation. (Ord. 2069, Sec. 7, 2004; Ord. 2102,
Sec. 7, 2005; Ord. 2136, Sec. 7, 2006; Ord. 2158, Sec. 7, 2007; Ord. 2177, Sec. 7,
2008; Ord. 2210, Sec. 8, 2009; Ord. 2232, Sec. 8, 2010)
Section 10.25 Drunkenness. It is unlawful for any person to be drunk on any
highway, street or in any public place or building in the city.
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Violation of this section is a Class B violation. (Ord. 2069; Sec. 7, 2004; Ord. 2102,
Sec 7, 2005; Ord. 2136, Sec. 7, 2006; Ord. 2158, Sec. 7, 2007; Ord. 2177, Sec. 7,
2008; Ord. 2210, Sec. 8, 2009; Ord. 2232, Sec. 8, 2010)
Section 10.26 Impersonating an Officer. It is unlawful for any person to exercise
or to assume to exercise any of the powers conferred upon any police officer, or to
represent himself or herself to be any such officer, or to possess the power and
authority thereof, unless such person is a duly authorized officer of the law.
Violation of this section is a Class B violation. (Ord. 2069, Sec. 7, 2004; Ord. 2102,
Sec 7, 2005; Ord. 2136, Sec. 7, 2006; Ord. 2158, Sec. 7, 2007; Ord. 2177, Sec. 7,
2008; Ord. 2210, Sec. 8, 2009; Ord. 2232, Sec. 8, 2010)
Section 10.27 Vehicles in City Parks. It is unlawful to run, stand or park any motor
vehicle or motorized bicycle through or across or over any part of any city park, other
than roadways or parking areas so designated.
Violation of this section is a Class C violation. (Ord. 2069, Sec. 7, 2004; Ord. 2102,
Sec. 7, 2005; Ord. 2136, Sec. 7, 2006; Ord. 2158, Sec. 7, 2007; Ord. 2177, Sec. 7,
2008; Ord. 2210, Sec. 8, 2009; Ord. 2232, Sec. 8, 2010)
Section 10.28 Smoking on Common Carrier Buses -- Penalty.
(a) No person shall smoke or carry in his or her hand a lighted cigar, cigarette or
pipe, while in or upon any motorbus operated in common carrier passenger
service upon the streets or public ways of the city.
(b) Any person who shall violate any of the provisions of this section shall be
deemed guilty of a misdemeanor and, upon conviction thereof, shall be
punished by a fine of not less than $5 nor more than $100. (Ord. 2069, Sec. 7,
2004; Ord. 2102, Sec. 7, 2005; Ord. 2136, Sec. 7, 2006; Ord. 2158, Sec. 7,
2007; Ord. 2177, Sec. 7, 2008; Ord. 2210, Sec. 8, 2009; Ord. 2232, Sec. 8,
2010)
Section 10.29 Public Urination or Defecation. No person shall urinate or defecate
in any place open to the public or while exposed to public view, except while using
appropriate fixtures in a restroom or other facility designed for the sanitary disposal of
human waste.
Violation of this section is a Class C violation. (Ord. 2069, Sec. 7, 2004; Ord. 2102,
Sec. 7, 2005; Ord. 2136, Sec. 7, 2006; Ord. 2158, Sec. 7, 2007; Ord. 2177, Sec. 7,
2008; Ord. 2210, Sec. 8, 2009; Ord. 2232, Sec. 8, 2010)
Section 10.30 Public Nudity. No person shall knowingly or intentionally appear in
a state of nudity in a public place. Nudity is defined as the showing of the human
male or female genitals, pubic area or buttocks with less than a full opaque covering;
the showing of the female breast with less than a full opaque covering of any portion
thereof below the top of the nipple; or the depiction of covered male genitals in a
discernible state of sexual arousal.
Violation of this section is a Class A violation.
(Ord. 2069, Sec. 7, 2004; Ord. 2085, Sec. 7, 2004; Ord. 2102, Sec. 7, 2005; Ord.
2136, Sec. 7, 2006; Ord. 2158, Sec. 7, 2007; Ord. 2177, Sec. 7, 2008; Ord. 2210,
Sec. 8, 2009; Ord. 2232, Sec. 8, 2010)
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11-109. SAME. Article 11 of the Uniform Public Offense Code is hereby supplemented
to add the following provisions:
Section 11.13 Window Peeping. Window peeping is the going upon property
owned or occupied by another without such person’s consent for the purpose of
looking into any window, door, skylight or other opening into a house, room or
building.
Violation of this section is a Class A violation.
(Ord. 2069, Sec. 8, 2004; Ord. 2085, Sec. 8, 2004; Ord. 2102, Sec. 8, 2005; Ord.
2136, Sec. 8, 2006; Ord. 2158, Sec. 8, 2007; Ord. 2177, Sec. 8, 2008; Ord. 2210,
Sec. 9, 2009; Ord. 2232, Sec. 9, 2010)
Section 11.14 Severability. If any provision of this Article 11 is declared
unconstitutional, or the application thereof to any person or circumstance is held
invalid, the constitutionality of the remainder of the act and the applicability thereof to
other persons and circumstances shall not be affected thereby.
(Ord. 2162, Sec. 1, 2008; Ord. 2177, Sec. 8, 2008; Ord. 2210, Sec. 9, 2009; Ord.
2232, Sec. 9, 2010)
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ARTICLE 2. LOCAL REGULATIONS
11-201. DISTURBING THE PEACE.
(a) It shall be unlawful for any person to make, continue, maintain or cause to be
made or continued any excessive, unnecessary, unreasonable or unusually loud
noise or any noise which either annoys, disturbs, injures or endangers the
comfort, repose, health, peace or safety of others within the city.
(b) It shall be unlawful for any person to use, operate or permit the use or operation
of any electronic device, radio receiving set, television, musical instrument,
photograph or other machine or device for the producing or reproducing of
sound in such a manner as to disturb the peace, quiet and comfort of the
neighboring inhabitants or at any time with louder volume than is necessary for
convenient hearing for the person or persons who are in the room, vehicle or
chamber in which such machine or device is operated and who are voluntary
listeners thereto. Neighboring inhabitants shall include persons living within or
occupying residential districts of single or multi-family dwellings and shall
include areas where multiple-unit dwellings and high-density residential districts
are located.
(c) No person shall congregate with other persons because of, participate in, or be
in any party or gathering of people from which sound emanates of a sufficient
volume so as to disturb the peace quiet or repose of persons residing in any
residential area. No person shall visit or remain within any residential dwelling
unit or within the vicinity of a residential dwelling unit wherein such party or
gathering of people is taking place except persons who have gone there for the
sole purpose of abating the disturbance. A police officer may order all persons
present in any group or gathering from which sound emanates, other than the
owners or tenants of the dwelling unit, to immediately disperse in lieu of being
charged under this section. Owners or tenants of the dwelling unit shall
immediately abate the disturbance and, failing to do so, shall be in violation of
this section.
(Ord. 1838, Sec. 1, 1993)
11-202. SAME; PRIMA FACIE VIOLATION. It shall be prima facie evidence of a
violation of this section for the operation of any tool, equipment, vehicle,
electronic device, instrument, television, phonograph, machine or other noise
or sound device at any time in such a manner as to be plainly audible at any
adjacent property line, or for 50 or more feet in the case of a multiple-family
dwelling, to start before or continue after the following hours:
 Weekdays: 7:00 a.m. until 10:00 p.m. (except Fridays, which will be
until midnight.)
 Weekends: 8:00 a.m. until midnight (except Sundays, which will be
until 10:00 p.m.
(Ord. 1838, Sec. 1, 1993; Ord. 2126, Sec II, 2006)
11-203. SAME; EXEMPTIONS. Sounds emanating from the following shall be exempt
from the provisions listed above:
(a) Emergency vehicles;
(b) Public safety vehicles;
(c) Emergency activities of the fire or police department;
(d) Emergency activities of any utility company;
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(e) Emergency activities of municipal maintenance vehicles and equipment.
(Ord. 1838, Sec. 1, 1993)
11-204. SAME; STATEMENT OF INTENT. No provision of this article shall be
construed to limit or abridge the rights of any person to peacefully assemble and
express opinions. It is the purpose of this article to protect individuals from
unreasonable intrusions caused by excessive, unnecessary, unreasonable or
unusually loud noises. (Ord. 1838, Sec. 1, 1993)
11-205. ALARM SYSTEMS; DEFINITIONS.
(a) Alarm System -- Any assembly of equipment, mechanical or electrical, arranged
to signal the occurrence of an illegal entry or other activity requiring urgent
attention and to which police would be expected to respond.
(b) Alarm User -- The person, firm, partnership, association, corporation, company
or organization of any kind in control of any building, structure or facility who
purchases, leases, contracts for or otherwise obtains an alarm system or for the
servicing or maintenance of an alarm system and thereafter contracts with or
hires an alarm business to monitor and/or service the alarm device.
(c) City -- The City of Prairie Village, Kansas.
(d) Local Alarm System -- An alarm system which when activated causes an
audible and/or visual signaling device to be activated and is intended to be seen
and/or heard by others outside the protected premises.
(e) Phone Number 9-1-1 -- The phone number designated by the telephone
company for the calling public to use to notify the city police department of a fire
emergency, a medical emergency or a police emergency.
(f) Automatic Dialer -- Any device attached to any alarm system so designed or
programmed that when activated will automatically dial a predetermined or
predesignated 9-1-1 emergency dispatcher.
(Code 1973, 10.16.010)
11-206. SAME; REGULATIONS.
(a) Local alarm systems installed within the city by an alarm user shall not emit a
sound similar to that of an emergency vehicle siren or a civil defense warning
system.
(b) Local alarm systems installed by an alarm user within the city shall be equipped
to automatically discontinue emitting an audible sound within 15 minutes of
activation.
(c) Local alarm systems already in operation shall be equipped by the alarm user
to automatically discontinue emitting an audible sound within 15 minutes of
activation, within 90 days.
(d) No alarm user shall keep, maintain, design, acquire or program any type of
alarm system to automatically dial the city’s 9-1-1 emergency telephone service
line that leads directly to the police communication system, except that nothing
herein shall be construed to prohibit the use of an automatic dialer or alarm by
any physically handicapped person that leads directly to a predesignated and
predetermined number maintained only by the police department for use by the
physically handicapped persons.
(e) Any alarm user who is operating an alarm system which is equipped with an
automatic dialer in violation of this article shall remove the same from the alarm
system.
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(Code 1973, 10.16.020)
11-207. SAME; PENALTY. Any alarm user convicted of a violation of any of the
provisions of or failing to comply with any of the mandatory requirements of this
article shall be guilty of a public offense and punished by a fine of not more than
$500 or by imprisonment not to exceed six months or by both such fine and
imprisonment. Each alarm user shall be guilty of a separate offense for each and
every day during a portion of which any violation of any provision of the city
ordinance is committed, continued or permitted by any such persons. (Code 1973,
10.16.030)
11-208. MINORS ON PREMISES.
(a) It shall be unlawful for any person under the age of 21 years to remain on any
premises where the sale of alcoholic liquor is licensed for on-premises
consumption, or where a caterer or temporary permit holder is serving alcoholic
liquor.
(b) It shall be unlawful for the operator, person in charge or licensee of any
premises licensed for on-premises consumption of alcoholic liquor or a caterer
or temporary permit holder who is serving alcoholic liquor to permit any person
under the age of 21 years to remain on the premises.
(c) This section shall not apply if the person under the age of 21 years is
accompanied by his or her parent or guardian, or if the licensed or permitted
premises derives not more than 30 percent of its gross receipts in each
calendar year from the sale of alcoholic liquor for on-premises consumption.
(Code 2003)
11-209. PUBLIC SALE; CONSUMPTION.
(a) It shall be unlawful for any person to sell, serve or dispense any cereal malt
beverage or alcoholic beverage in any public place not licensed to sell, serve or
dispense such beverage at such public place within or under the jurisdiction of
the city.
(b) It shall be unlawful for any person to drink or consume any cereal malt
beverage or alcoholic beverage in any public place not licensed to sell and
serve such beverage for public consumption at such public place within or
under the jurisdiction of the city.
(c) For purposes of this section, the term "public place" shall include upon any
street, public thoroughfare, public parking lot or any privately owned parking
area made available to the public generally, within any parked or driven motor
vehicle situated in any of the aforesaid places or upon any property owned by
the state or any governmental subdivision thereof unless such property is
leased to others under K.S.A. 12-1740 et seq. if the property is being used for
hotel or motel purposes or purposes incidental thereto or is owned or operated
by an airport authority created pursuant to Chapter 27 of the Kansas Statutes
Annotated. (K.S.A. 41-719; Code 2003)
11-210. OPEN CONTAINER.
(a) It shall be unlawful for any person to transport in any vehicle upon a highway or
street any cereal malt beverage or alcoholic beverage unless such beverage
is:
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(1) In the original, unopened package or container, the seal of which has not
been broken and from which the original cap or cork or other means of
closure has not been removed;
(2) In the locked, rear trunk or rear compartment or any locked outside
compartment which is not accessible to any person in the vehicle while it
is in motion or;
(3) In the exclusive possession of a passenger in a vehicle which is a
recreational vehicle as defined by K.S.A. 75-1212 or a bus as defined by
K.S.A. 8-1406, who is not in the driving compartment of such vehicle or
who is in a portion of such vehicle from which the driver is not directly
accessible.
(b) As used in this section highway and street have meanings provided by K.S.A.
8-1424 and K.S.A. 8-1473 and amendments thereto.
(K.S.A. 8-1599; Code 2003)
11-211. CONSUMPTION WHILE DRIVING. It shall be unlawful for any person to
consume any cereal malt beverage or alcoholic beverage while operating any vehicle
upon any street or highway. (K.S.A. 41-719, 41-2720; Code 2003)
11-212. IDENTIFICATION CARD.
(a) It shall be unlawful for any person to:
(1) Display, cause or permit to be displayed, or have in possession, any
fictitious, fraudulently altered, or fraudulently obtained identification card
for purposes relating to the sale, purchase or consumption of either cereal
malt beverage or alcoholic liquor.
(2) Display or represent any identification card not issued to such person as
being his or her card for purposes relating to the sale, purchase or
consumption of either cereal malt beverage or alcoholic liquor.
(3) Permit any unlawful use of an identification card issued to a person for
purposes relating to the sale, purchase or consumption of either cereal
malt beverage or alcoholic liquor.
(4) Photograph, photostat, duplicate or in any way reproduce any
identification card or facsimile thereof in such a manner that it could be
mistaken for a valid identification card or display or have in possession
any such photograph, photostat, duplicate, reproduction or facsimile for
purposes relating to the sale, purchase or consumption of either cereal
malt beverage or alcoholic liquor.
(b) It shall be unlawful for any person to:
(1) Lend any identification card to or knowingly permit the use of any
identification card by any person under 21 years of age for use in the sale,
purchase or consumption of any alcoholic liquor.
(2) Lend any identification card to or knowingly permit the use of any
identification card by any person under 21 years of age for use in the sale,
purchase or consumption of any cereal malt beverage.
(Code 2003)
11-213 UNATTENDED VEHICLES. REPEALED (Ord. 2158, Sec. 9, 2007)
11-214 DEFINITIONS.
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The following words or phrases when used in this chapter shall, for the purposes of
this chapter, have the meanings respectively ascribed to them in this section.
A) “In-line skates” means a pair of shoes or boots, mounted upon three or more
sets of wheels located one behind the other and under the attached shoe or
boot, and more often propelled by the user in an upright, standing position.
B) “Roller skates” means a pair of shoes or boots mounted upon two sets of
wheels, most often propelled by the user in an upright, standing position.
C) “Scooter” means a footboard mounted upon two or more wheels and controlled
by an upright steering handle. This device is propelled by the user in an upright
position.
D) “Skateboard” means a footboard of any material with four or more wheels
affixed to the underside, designated to be ridden by a person.
E) “Transportation device” is defined in this section as in-line skates, roller skates,
scooter, skateboard or other similar device.
F) “Municipal Campus” includes all property lying within the boundary from the
City’s northern lot line contiguous with Shawnee Mission East High School.
West along the fence line of the swimming complex to the western most curb
line of the police parking lot. South along the curb line of the police and public
parking lots directly adjacent to Harmon Park and then east along the southern
driveway of the municipal complex to Mission Road. This area does not include
the public sidewalk, which exits next to Mission Road adjoining the municipal
campus. (Ord. 2123, Sec. 1, 2006)
11-215 PROHIBITED AREAS.
It is unlawful for any person to operate or ride any transportation device as defined
above upon the City’s municipal complex. (Ord. 2123, Sec. 1, 2006)
11-216 VIOLATION.
Any law enforcement officer who observes any person operating or riding a
transportation device as defined above, in violation of this chapter may issue a notice
to appear for the infraction and take possession of the device as evidence. The
device may be held until final disposition of the charge. (Ord. 2123, Sec. 1, 2006)
11-217 PARENTAL RESPONSIBILITIES.
It shall be unlawful for every parent, guardian or other adult person having the care
and custody of any minor child less than eighteen years of age to knowingly permit
such a minor child to violate this ordinance. (Ord. 2123, Sec. 1, 2006)
11-218 NO PUBLIC DUTY CREATED.
Nothing contained in this chapter is intended nor shall be construed to create or form
the basis of any liability on the part of the city or it’s officers, employees, or agents for
any injury or damage resulting from any action or inaction on the part of the city
related in any manner to enforcement of this chapter by it’s officers, employees or
agents. (Ord. 2123, Sec. 1, 2006)
11-219 VIOLATION; PENALTY.
Any person or persons who violates any provision of this article, may be prosecuted
in municipal court of violation of the provisions of this chapter. Upon conviction
therof, the person or persons shall be punished by a fine of not more than $100 or by
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imprisonment of not more than 30 days, or by both such fine and imprisonment.
(Ord. 2123, Sec. 1, 2006)
11-220 UNLAWFUL CAMPING.
All camping is hereby prohibited in city streets, city parks, any public parking lot or
public area, improved or unimproved, alleys, or under any bridge way.
The term “camping” shall mean the use of land to maintain a temporary place to live,
and shall include, but is not limited to, such activities as sleeping, laying down
bedding in preparation to sleep, sorting personal belongings, making any fire,
whether for cooking or warmth, or erecting a tent or other temporary structure for
shelter. Whether such a situation warrants the term ‘camping” shall be determined
by a totality of the circumstances.
The purposes of enacting such statute shall be to protect the health, safety and
welfare of the citizens of the City of Prairie Village by maintaining a safe and sanitary
environment that does not pose a threat to public safety.
(Ord. 2185, Sec. 2, 2009)
11-221 VEHICLES AS LIVING QUARTERS.
No vehicle, motor home, camping trailer, pickup camper, recreational vehicle, or
similar item shall be used as living quarters within the boundaries of the City of
Prairie Village except as provided in 19.38.025 of the City Zoning Regulations.
(Ord. 2185, Sec. 3, 2009)
11-17
ARTICLE 3. DRUGS
11-301. DEFINITIONS. For the purposes of this Article 3, certain terms and words
used herein shall be defined as follows:
(a) “Close proximity” means within five hundred (500) feet on a straight line
commencing at the property lines nearest to each other.
(b) “Controlled substances” means any drug or substance included in Schedules I
through V of the Uniform Controlled Substance Act found in Chapter 65, Article
41 of the Kansas Statutes Annotated.
(c) “Dangerous drug” means one that is unsafe for use except under the
supervision of a practitioner because of its toxicity or other potentiality for human
effect, method of use, or collateral measures necessary to use; “dangerous
drugs” include all other drugs or compounds, preparations, or mixtures thereof,
that the State Board of Health shall find and declare by rule or regulation, duly
promulgated after reasonable public notice and opportunity for hearing, to have
a dangerous, hallucinogenic, hypnotic, somnifacient or stimulating effect on the
body of a human or animal.
(d) “Deliver” or “delivery” means the actual, constructive or attempted transfer from
one person to another of a controlled substance, whether or not there is an
agency relationship.
(e) “Drug” means”
(1) substances recognized as drugs in the official United States
pharmacopoeia, official homeopathic pharmacopoeia of the United States
or official national formulary or any supplement to any of them;
(2) substances intended for use in the diagnosis, cure, mitigation, treatment
or prevention of disease in man or animals;
(3) substances (other than food) intended to affect the structure or any
function of the body of any human being or animals; and
(4) substances intended for use as a component of any article specified in
subdivisions (1), (2) or (3) of the subsection (e). It does not include
devices or their components, parts or accessories.
(f) “Instrument” means a device designed for use, or intended for use in ingesting,
smoking, administering or preparing marijuana, cocaine, phencyclidine, opium
or any derivative thereof, or any other controlled substance.
For purposes of this subsection (f), the phrase “intended for use” refers to the
intent of the person, selling, offering to sell, dispensing, giving away or
displaying the instrument herein defined.
In determining whether an item constitutes an instrument, a court may consider
the following:
(1) whether a person or business establishment charged with violating this
Article is a licensed distributor or dealer of tobacco products under
Chapter 79, Article 33 of the Kansas Statutes Annotated;
(2) expert testimony as to the principal use of the devices, articles, or
contrivances claimed to be instruments;
(3) evidence concerning the total business of a person or business
establishment and the type of devices, articles, contrivances or item
involved in the business;
(4) national and local advertising concerning the use of the devices, articles
or contrivances claimed to be instruments; or
11-18
(5) evidence of advertising concerning the nature of the business
establishment.
(g) “Manufacture” means the production, preparation, propagation, compounding
conversion or processing of a controlled substance either directly or indirectly by
extraction from substances of natural origin or independently by means of
chemical synthesis or by a combination of extraction and chemical synthesis
and includes any packaging or repackaging of the substance or labeling or
relabeling of its container, except that this term does not include the preparation
or compounding of a controlled substance by an individual for his or her own
use or the preparation, compounding, packaging or labeling of a controlled
substance:
(1) by a practitioner or his or her agent pursuant to a lawful order of a
practitioner as an incident to his or her administering or dispensing of a
controlled substance in the course of his or her professional practice; or
(2) by a practitioner or by his or her authorized agent under his or her
supervision for the purpose of or as an incident to research, teaching or
chemical analysis or by a pharmacist or hospital as an incident to his or
her or its dispensing of a controlled substance.
(h) “Marijuana” means all parts of all varieties of the plant Cannabis, whether
growing or not, the seeds thereof, the resin extracted from any part of the plant
and every compound, manufacture, salt, derivative, mixture or preparation of
the plant, its seeds or resin. It does not include the mature stalks of the plant,
fiber produced from the stalks, oil or cake made from the seeds of the plant,
any other compound, manufacture, sale, derivative, mixture or preparation of
the mature stalks, except the resin extracted therefrom, fiber, oil, or cake or the
sterilized seed of the plant that is incapable of germination.
(i) “Minor” means any person who has not attained eighteen years of age.
(j) “Patient” means, as the case may be:
(1) the individual for whom a drug is prescribed or to whom a drug is
administered; or
(2) the owner or the agent of the owner of the animal for which a drug is
prescribed or to which a drug is administered; provided, that the
prescribing or administering referred to in Section 11-302 (a)(1) and (2) of
this Section is in good faith and in the course of professional practice only.
(k) “Person” means individual, corporation, government or governmental
subdivision or agency, business trust, estate, trust, partnership or association or
any other legal entity.
(l) ”Pharmacist” means an individual currently licensed by the board to practice the
profession of pharmacy in this state.
(m) “Place of display” means any museum, library, school or other similar public
place upon which business is not transacted for a profit.
(n) “Practitioner” means a physician (M.D. or D.O.), dentist, podiatrist, veterinarian,
scientific investigator or other person licensed, registered or otherwise
authorized by law to administer and prescribe, use in teaching or chemical
analysis, or conduct research, with respect to a controlled substance, in the
course of professional practice and research.
(o) “Premises” means a business establishment and the structure of which it is a
part and the facilities and appurtenances therein and grounds, areas and
facilities held out for the use of patrons.
11-19
(p) “Premises open to minors” means any business establishment that sells its
wares or merchandise to minors or that permits minors to enter into its place of
business.
(q) “Prescription” means a written order, and in cases of emergency, a telephone
order, issued by a practitioner in good faith in the course of his or her
professional practice to a pharmacist for a drug for a particular patient, which
specifies the date of its issue, the name and address of the patient (and, if the
drug is prescribed for an animal, the species of such animal), the name and
quantity of the drug prescribed, the directions for use of such drug and the
signature of such practitioner.
(r) “Production” includes the manufacture, planting, cultivation, growing or
harvesting of a controlled substance.
(s) “School” means any public or private elementary, junior high or high school.
(t) “Simulated drugs” and “simulated controlled substances” are any products that
identify themselves by using a common name or slang term associated with a
controlled substance or indicate by label or accompanying promotional material
that the product simulates the effect of a controlled substance or drug.
(u) “Somnifacient” and “stimulating” have the meaning attributable in standard
medical lexicons.
(v) “Warehouseman” means a person whom, in the usual course of business,
stores drugs for others lawfully entitled to possess them and who has no control
over the disposition of those drugs, except for the purpose of the storage.
(w) “Wholesaler” means a person engaged in the business of distributing drugs to
persons included in any of the classes named in this Article 3.
(Code 1973, 10.08.010; Ord. 2192, Sec. II, 2009)
11-302. PROHIBITED ACTS.
(a) It is unlawful for any person to deliver, possess, manufacture, have under his or
her control, sell or offer for sale any drugs or controlled substances unless:
(1) If a drug, that drug is delivered by a pharmacist, or his or her authorized
agent, in good faith upon prescription and there is affixed to the immediate
container in which that drug is delivered a label bearing:
(A) The name and address of the owner of the establishment from which
the drug was delivered;
(B) The date on which the prescription for the drug was filled;
(C) The number of such prescription as filed in the prescription files of the
pharmacist who filed such prescription;
(D) The name of the practitioner who prescribed the drug;
(E) The name and address of the patient, and if the drug was prescribed
for an animal, a statement showing the species of the animal; and
(F) The direction for use of the drug and cautionary statements, if any, as
contained in the prescription; and
(2) In the event that a delivery made in accordance with this Subsection is
pursuant to telephonic order, the prescription shall be promptly reduced to
writing and filed by the pharmacist; and
(3) A drug delivered in accordance with this Subsection must be delivered by
a practitioner in good faith and in the course of his or her professional
practice only.
(b) It is unlawful for any person to refill any prescription for a drug unless the refilling
is specifically authorized by the prescriber.
11-20
(c) It is unlawful for any person to possess a drug unless such person obtained the
drug on the prescription of a practitioner or in accordance with this Section 11-
302(a) (3) or from a person licensed by the laws of any other state or the District
of Columbia to prescribe or dispense drugs.
(d) It is unlawful for any person to obtain or attempt to obtain a drug by fraud,
deceit, misrepresentation or subterfuge; or by the forgery or alteration of a
prescription; or by the use of a false name or the giving of a false address.
(e) It is unlawful for any person to sell, offer for sale or have in his or her
possession, with the intent to sell, any controlled substance described in
section 11-301.
(f) It shall be unlawful for any person to use or possess with the intent to use:
(1) Any simulated controlled substance;
(2) Any drug paraphernalia to use, store, contain, conceal, inject, ingest,
inhale or otherwise introduce into the human body a controlled substance;
(3) Any drug paraphernalia to plan, propagate, cultivate, grow, harvest,
manufacture, compound, convert, produce, process, prepare, test
analyze, pack repack, sell or distribute a controlled substance.
In determining whether an object is drug paraphernalia, a court or other
authority shall consider the factors listed in K.S.A. 21-36a11, and amendments
thereto, in addition to all other logically relevant factors. (Ord. 2212, Sec. I,
2009)
(g) It shall be unlawful for any person, firm or corporation to sell, offer to sell,
dispense, give away or display any instrument or simulated controlled substance
or simulated drug in or upon any premises which: (1) are premises open to
minors, unless the instruments, simulated controlled substances or simulated
drugs are kept in such part of the premises that is not open to view by minors or
to which minors do not have access; or (2) are in close proximity to a school;
provided, however, that display of any such items at a place of display for
education or scientific purpose shall not be unlawful.
(Code 1973, 10.08.020; Ord. 2071, Sec. I, 2004; Ord. 2102, Sec. 10, 2005; Ord.
2136, Sec. 10, 2006; Ord. 2158, Sec. 11, 2007; Ord. 2192, Sec. II, 2009)
11-303. EXEMPTIONS.
(a) The provisions of section 11-302(a)(1) shall not be applicable:
(1) To the delivery of drugs for medical or scientific purposes only to persons
included in any of the classes hereinafter named, or to the agents or
employees of such persons, for use in the usual course of their business
or practice or in the performance of their official duties, as the case may
be; or
(2) To the possession of drugs by such persons or their agents or employee
for that use:
(A) Pharmacists,
(B) Practitioners;
(C) Persons who procure drugs:
(i) For disposition by or under the supervision of pharmacists or
practitioners employed by them; or
(ii) For the purpose of lawful research, teaching or testing and not for
resale.
(D) Hospitals and other institutions which procure drugs for lawful
administration by or under the supervision of practitioners;
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(E) Manufacturers and wholesalers; or
(F) Carriers and warehousemen.
(b) Nothing contained in section (b) shall make it unlawful for a public officer, agent
or employee, or person aiding such public officer in performing his or her official
duties to possess, obtain or attempt to obtain a drug for the purpose of
enforcing the provisions of any law of this state or of the United States relating
to the regulation of the handling, sale or distribution of drugs;
(c) Nothing in this article shall apply to a compound, mixture or preparation
containing a drug which is sold in good faith for the purpose for which it is
intended and not for the purpose of evading the provisions of this article if that
compound, mixture or preparation contains a sufficient quantity of another
therapeutic agent or agents, in addition to such a drug, to cause it to prevent
the ingestion of a sufficient amount of drug to cause a dangerous hypnotic
somnifacient or stimulating action.
(Code 1973, 10.08.030; Ord. 2192, Sec. II, 2009)
11-304. PENALTY FOR DRUG OFFENSES. Violation of any of the prohibited acts set
forth in Section 11-302 is a Class A violation.
(Ord. 2192, Sec. II, 2009)
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ARTICLE 4. SMOKING
11-401 PURPOSE. The Governing Body of the City of Prairie Village, Kansas finds and
declares that the smoking and carrying of any lighted smoking materials in certain
areas accessible to the general public is hazardous to the health, safety, and general
welfare of persons and property in such areas. The purpose of this Article is to
regulate smoking and the carrying of lighted smoking materials in places of
employment and all public places. By enactment of this Article, the Governing Body
of the City of Prairie Village seeks to promote public health by decreasing citizens’
exposure to secondhand smoke and creating Smoke-free environments for workers
and citizens through regulation in the work place and all public places.
(Code 1973, 10.09.040; Ord. 2109 Sec II, 2005)
11-402 DEFINITIONS. The following terms and phrases, when used in this Article, shall have
the meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
(a) Employee: Any person who performs services for an employer, with or without
compensation.
(b) Employer: A person, partnership, association, corporation, trust, or other
organized group of individuals, including the City or any agency thereof, which
utilizes the services of one (1) or more employees.
(c) Enclosed: A space bound by walls (with or without windows) continuous from
the floor to the ceiling, including, but not limited to, offices, rooms, all space
therein screened by partitions, which do not extend to the ceiling or are not
solid, “office landscaping” or similar structures and halls.
(d) Permanently Designated: A hotel or motel room may be designated as a
smoking room only one time a year.
(e) Place of Employment means any enclosed area under the control of public or
private employer which employees normally frequent during the course of
employment, including, but not limited to, work areas, employee lounges and
restrooms, conference and classrooms, employee cafeterias and hallways. A
private residence is not a “place of employment” unless it is used as a childcare,
adult day care or health care facility.
(f) Public Place means any enclosed area to which the public is invited or in which
the public is permitted, including but not limited to, banks, educational facilities,
health facilities, laundromats, public transportation facilities, reception areas,
production and marketing establishments, retail service establishments, retail
stores, theaters, and waiting rooms. A private residence is not a “public place”
unless it also serves as a “Place of Employment.”
(g) Restaurant means a building wherein food is prepared and served in ready-toeat
form to the public for human consumption, wherein alcoholic beverages may
be sold for consumption and more than fifty percent of the income is derived
from the sale of food. "Restaurant" includes, but is not limited to, cafe, cafeteria,
grill, pizza parlor, diner, snack shop, hamburger shop and steakhouse.
(h) Service Line means any indoor line at which one (1) or more persons are
waiting for or receiving service of any kind, whether or not such service involves
the exchange of money.
(i) Smoking means the possession of lighted smoking materials in any form,
including but not limited to, the possession of lighted cigarettes, cigars, pipes, or
other tobacco or other products.
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(j) Sports Arena means sports pavilions, gymnasiums, health spas, boxing arenas,
swimming pools, roller and ice rinks, bowling alleys and other similar places
where members of the general public assemble either to engage in physical
exercise, participate in athletic competition, or witness sports events.
(Code 1973, 10.09.040; Ord. 2109 Sec II, 2005; Ord. 2168 Sec 1, 2008)
11-403 SMOKING PROHIBITED IN ENCLOSED PLACES OF EMPLOYMENT AND ALL
ENCLOSED PUBLIC PLACES.
(a) Smoking shall be prohibited in all enclosed places of employment within the
City.
(b) It shall be the responsibility of all employers within the City to provide a smokefree
environment in all enclosed areas accessible to employees and/or
customers.
(c) Each employer shall supply a written copy of this Article to any existing or
prospective employee.
(d) Smoking shall be prohibited in all enclosed public places within the City,
including, but not limited to:
(1) Any vehicle of public transportation, including but not limited to buses,
limousines for hire and taxicabs.
(2) Elevators.
(3) Restrooms.
(4) Private residences operating as Day Care Centers pursuant to Chapter
19.34 of the Prairie Village Municipal Code.
(5) Libraries, educational facilities, childcare and adult day care facilities,
museums, auditoriums, aquariums and art galleries.
(6) Any health care facility, health clinics or ambulatory care facilities,
including but not limited to laboratories associated with the rendition of
health care treatment, hospitals, nursing homes, doctors' offices and
dentists' offices.
(7) Any indoor place of entertainment or recreation, including but not limited
to gymnasiums, theaters, concert halls, bingo halls, billiard halls, betting
establishments, bowling alleys, arenas and swimming pools.
(8) Service Lines.
(9) Facilities primarily used for exhibiting a motion picture, stage, drama,
lecture, musical recital, or other similar performance.
(10) Shopping malls.
(11) Sports arenas, including enclosed places in outdoor arenas.
(12) Bars.
(13) Restaurants.
(14) Convention facilities.
(15) All public areas and waiting rooms of public transportation facilities,
including but not limited to bus and airport facilities.
(16) Any other area used by the public or serving as a place of work, including
open office landscaping.
(17) Every room, chamber, place of meeting or public assembly, including
school buildings under the control of any board, council, commission, or
committee, including, but not limited to joint committees or agencies of the
City or any political subdivision of the State of Kansas during such time as
a public meeting is in progress.
(18) All enclosed facilities and vehicles owned by the City.
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(Code 1973, 10.09.040; Ord. 2109 Sec II, 2005)
11-404 AREAS WHERE SMOKING IS NOT REGULATED
(a) Private residences, not serving as enclosed places of employment or an
enclosed public place.
(b) Outdoor, unenclosed areas of restaurants, drinking establishments, and private
clubs including but not limited to decks, patios, etc., but only to the extent that
such areas are at least ten feet away from any doorway or opening leading to an
enclosed area.
(c) Hotel and motel rooms that are rented to guests and are permanently
designated as smoking rooms; provided, however, that not more than twenty
percent (20%) of rooms rented to guests in a hotel or motel may be so
designated.
(d) An existing retail establishment whose primary business is the sale of tobacco
products and new retail establishments whose primary business is the sale of
tobacco products which are located in a stand-alone building not attached to or
the part of any building devoted to other uses.
(Code 1973, 10.09.040; Ord. 2109 Sec II, 2005; Ord. 2168, Sec II, 2008; Ord. 2231,
Sec I, 2010)
11-405 RESPONSIBILITIES OF PROPRIETORS, OWNERS, AND MANAGERS
(a) Any proprietor, owner or manager or other person in control of a place regulated
by the provisions of this article shall not knowingly permit, cause, suffer or allow
any person to violate the provisions of this Article in that place.
(b) It shall be unlawful for any proprietor, owner or manager or other person in
control of a place regulated by the provisions of this Article to fail to provide and
permanently affix conspicuous signs clearly visible from all major public
entrances advising that smoking is prohibited in the place.
(1) All signs which are used to identify a non-smoking area shall use the
primary words No Smoking and shall also include the international no
smoking symbol and shall also state Pursuant to PVMC 11-403.
(2) All signs which are used to identify an area in which smoking is permitted
shall use the primary words Smoking Permitted and shall also include the
international smoking symbol.
(3) All signs which are used to identify both smoking and non-smoking areas
shall be placed at a height and location easily viewable by a person
entering the establishment and shall not be obscured or obstructed in any
manner. Signs shall be proportionally conspicuous to the size or
characteristics of the entranceway. In no case shall the primary lettering
and international symbol on the signs be less than one inch in height.
(c) The absence of proper signage as required in this Section shall in no manner
nullify the requirements of this Article.
(Code 1973, 10.09.040; Ord. 2109 Sec II, 2005)
11-406 PENALTIES FOR VIOLATION
(a) A person who smokes in an area where smoking is prohibited by this Article
shall be guilty of an infraction punishable by a fine as set forth in Section 1-
116 of this Code.
(b) A person having control of a public place or place of employment and who
fails to comply with the provisions of this Article shall be guilty of infraction
punishable by a fine as set forth in Section 1-116 of this Code.
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(c) Each day on which a violation of this Article occurs shall be considered a
separate and distinct violation.
(d) In addition to the fines established in Section 11-405(b) by a person having
control of a public place or place of employment may also result in the
suspension or revocation of any permit or license issued to the person for
the premises on which the violation occurred.
(e) The City may further enforce this Article by maintaining any action in the
appropriate court for injunction to enforce the provisions of this Article, to
cause the correction of any such violation, for assessment and recovery of a
civil penalty for such violation or to pursue other appropriate civil remedy.
(Code 1973, 10.09.040; Ord. 2109 Sec II, 2005)
11-407 NON-RETALIATION. No person or employer shall discharge, refuse to hire, or
in any manner retaliate against an employee, applicant for employment, or customer
because that employee, applicant, or customer exercises any rights afforded by this
Article or reports or attempts to prosecute a violation of this Ordinance.
(Code 1973, 10.09.040; Ord. 2109 Sec II, 2005)
11-408 OTHER APPLICABLE LAWS. This Article shall not be interpreted or construed to
permit smoking where it is otherwise restricted by other applicable laws.
(Code 1973, 10.09.040; Ord. 2109 Sec II, 2005)
11-409 LIBERAL CONSTRUCTION. This Article shall be liberally construed as to further
its purposes
(Code 1973, 10.09.040; Ord. 2109 Sec II, 2005)
11-410 EFFECTIVE DATES
(a) Except as provided below, this Article shall become effective upon adoption by
the Governing Body and publication in the official City newspaper.
(b) As applied to restaurants and other food service establishments, this Article
shall take effect and be in force from August 1, 2008, and after the publication of
Ordinance 2168 in the official City newspaper.
(Code 1973, 10.09.040; Ord. 2109 Sec II, 2005; Ord. 2168, Sec III, 2008)
11-411 ENFORCEMENT
(a) The authority to administer the provisions of this Article is vested in the Chief of
Police.
(b) Notice of the provisions of this Article shall be provided to all applicants for a
business license.
(c) Any citizen who desires to register a complaint under this Article may initiate
enforcement by contacting the Police Department.
(Code 1973, 10.09.040; Ord. 2109 Sec II, 2005)
11-26
ARTICLE 5. CRIMINAL LITTERING
11-501. Criminal Littering is intentionally or recklessly depositing or causing to be
deposited any object of substance into, upon or about:
A. Any public street, highway, alley, road, right-of-way, park or other public place,
or any lake, stream, watercourse, or other body of water except by direction of
some public officer or employee authorized by law to direct or permit such acts;
or
B. Any private property without the consent of the owner or occupant of such
property.
(Ord. 2170, Sec. 1, 2008)
11-502. Should such object or substance be deposited from a motor vehicle, the driver
may be cited for any litter thrown, placed or dropped from the motor vehicle, unless
any other person in the motor vehicle admits to or is identified as having committed
the act.
(Ord. 2170, Sec. 1, 2008)
11-503. Criminal Littering is an unclassified misdemeanor punishable:
A. Upon a first conviction by a fine of not less than $250 nor more than $1,000.
B. Upon a second conviction by a fine of not less than $1,000 nor more than
$2,000.
C. Upon a third conviction by a fine of not less than $2,000 nor more than $4,000.
(Ord. 2170, Sec. 1, 2008)
11-504. In addition to the fines in subsection 11-503, a person convicted of criminal
littering may be required to pick up litter for a time prescribed by and a place within
the jurisdiction of the court.
(Ord. 2170, Sec. 1, 2008)
11-27
ARTICLE 6. STANDARD TRAFFIC ORDINANCE
11-601. INCORPORATING STANDARD TRAFFIC ORDINANCE.
A. There is hereby incorporated by reference for the purpose of regulating traffic
within the corporate limits of the City of Prairie Village, Kansas, that certain
standard traffic ordinance known as the "Standard Traffic Ordinance for
Kansas Cities," Edition of 2010, prepared and published in book form by the
League of Kansas Municipalities, save and except such articles, sections,
parts or portions as are hereafter omitted, deleted, modified or changed, such
incorporation being authorized by K.S.A. 12-3301 and 12-3302 and K.S.A.
12-3309 through 12-3012. Not less than three copies of said standard
ordinance shall be marked or stamped "Official Copy as Incorporated by the
Code of the City of Prairie Village, Kansas," with all sections or portions
thereof intended to be omitted or changed clearly marked to show any such
omission or change, and filed with the City Clerk to be open to inspection and
available to the public at all reasonable hours. The Police Department,
municipal judges and all administrative departments of the city charged with
the enforcement of the ordinances shall be supplied, at the cost of the city,
such number of official copies of such “Standard Traffic Ordinance” similarly
marked, deleted and changed as may be deemed expedient. (Ord. 2102,
Sec. 11; Ord. 2136, Sec. 11, 2006; Ord. 2158, Sec. 12, 2007; Ord. 2169, Sec.
2, 2008; Ord. 2178, Sec. 1, 2008; Ord. 2211, Sec. 1, 2009; Ord. 2233, Sec. 1,
2010)
B. Article 17, Section 182.1 of the Standard Traffic Ordinance is hereby
amended as follows: Article 17, Section 182.1, subsection (e)(1) is deleted
and replaced with the following: (e)(1): Prior to July 1, 2011 persons violating
subsection (a) shall be fined $30.00, including court costs. Article 17, Section
182.1, subsection (e)(2) is deleted and replaced with the following: (e)(2):
From and after July 1, 2011 persons violating subsection (a) of 8-2503, and
amendments thereto shall be fined $30.00, including court costs. (Ord. 2070,
Sec 1, 2004; Ord. 2086, Sec. 1, 2004; Ord. 2102, Sec. 12, 2005; Ord. 2136,
Sec. 12, 2006; Ord. 2158, Sec. 13, 2007; Ord. 2169, Sec. 2, 2008; Ord. 2178,
Sec. 2, 2008; Ord. 2211, Sec. 2, 2009; Ord. 2233, Sec. 2, 2010)
11-602. SAME; TRAFFIC INFRACTIONS AND TRAFFIC OFFENSES.
A. An ordinance traffic infraction is a violation of any section of this article that
prescribes or requires the same behavior as that prescribed 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 article, and which are not
ordinance traffic infractions as defined in subsection (a) of this section, shall
be considered traffic offenses.
(Code 2003; Ord. 2070, Sec. 1, 2004; Ord. 2102, Sec. 13, 2005; Ord. 2136, Sec.
13, 2006; Ord. 2158, Sec. 14, 2007; Ord. 2169, Sec. 2, 2008; Ord. 2178, Sec. 3,
2008; Ord. 2211, Sec. 3, 2009; Ord. 2233, Sec. 3, 2010)
11-603. PENALTY FOR SCHEDULED FINES.
A. The fine for violation of an ordinance traffic infraction or any other traffic
offense for which the municipal judges establish a fine in a fine schedule shall
not be more than $500. A person tried and convicted for violation of an
11-28
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 $500. (Ord. 2070, Sec. 1, 2004; Ord. 2086, Sec. 1, 2004; Ord. 2102,
Sec. 14, 2005; Ord. 2136, Sec. 14, 2006; Ord. 2158, Sec. 15, 2007; Ord.
2169, Sec. 2, 2008; Ord. 2178, Sec. 4, 2008; Ord. 2211, Sec. 4, 2009; Ord.
2233, Sec. 4, 2010)
B. Every person convicted of a violation of any of the provisions of this ordinance
for which another penalty is not provided by this ordinance or by the schedule
of fines established by the judge of the municipal court shall be punished for
first conviction thereof by a fine of not more than $500 or by imprisonment for
not more than one month or by both such fine and imprisonment; for a
second such conviction within one year thereafter that person shall be
punished by a fine of not more than $1,000 or by imprisonment for not more
than six months or both such fine and imprisonment; upon a third or
subsequent conviction within one year after the first conviction such person
shall be punished by a fine of not more than $2,500 or by imprisonment for
not more than one year or by both such fine and imprisonment. (K.S.A. 8-
2116; K.S.A. 21-4503; K.S.A. 21-4503a). (Ord. 2233, Sec. 4, 2010)
11-604. TRAFFIC CONTROL SIGNAL PREEMPTION DEVICES. Article Four,
Section 13.1 of the Standard Traffic Ordinance is hereby amended as follows:
Article Four, Section 13.1, subsection (c) is deleted and replaced with the
following: “(c) The provisions of this section shall not apply to the operator,
passenger, or owner of any of the following authorized emergency or public works
vehicles, in the course of such person’s emergency or public safety duties:
(1) Publicly owned fire department vehicles
(2) Publicly owned police vehicles
(3) Motor vehicles operated by ambulance services permitted by the emergency
medical services board; or
(4) Publicly owned public works vehicles during snow removal operations.
(Ord. 2102, Sec. 15, 2005; Ord. 2136, Sec. 15, 2006; Ord. 2158, Sec. 16, 2007;
Ord. 2169, Sec. 2, 2008; Ord. 2178, Sec. 5, 2008; Ord. 2211, Sec. 5, 2009; Ord.
2233, Sec. 5, 2010)
11-605. UNATTENDED MOTOR VEHICLE. Article 13, Section 107 of the
Standard Traffic Ordinance is hereby amended by deleting existing Section 107
and inserting in place thereof the following:
“Sec. 107. Unattended Vehicles. No person either operating or in charge of a
motor vehicle shall leave the vehicle unattended and unlocked on either a public or
private area within the City unless the ignition of such vehicle is in the locked
position and the keys are removed from the ignition and are not visible from the
exterior of the vehicle. These provisions shall not apply if the windows are closed
and the doors locked or the vehicle is in a closed and secure building. A vehicle
shall be presumed unattended if the owner or person in charge of the vehicle is not
in the vehicle or is not in the immediate vicinity so as to have direct control or
access to the vehicle.”
(Ord. 2158, Sec. 17, 2007; Ord. 2169, Sec. 2, 2008; Ord. 2178, Sec. 6, 2008; Ord.
2211, Sec. 6, 2009; Ord. 2233, Sec. 6, 2010)
11-29
ARTICLE 7. LOCAL TRAFFIC REGULATIONS
11-701. DEFINITIONS.
A. Traffic Signs -- Any sign, marking or device placed or erected by authority of a
public body or official having jurisdiction for the purpose of regulating, warning
or guiding traffic.
B. Traffic Signal -- Any device whether manually, electrically or mechanically
operated by which traffic is alternatively directed to stop and permitted to
proceed.
(Ord. 1597, Sec. 1; Ord. 2169, Sec. 3, 2008)
11-702. TRAFFIC CONTROL DEVICES AND MARKINGS. The Standard Traffic
Ordinance as adopted is hereby modified by adding thereto the following:
The governing body may, by resolution, establish and fix the location of such
traffic control devices as may be deemed necessary to guide and warn traffic
under the provisions of this chapter, other traffic ordinances and the state laws.
The city shall place and maintain such traffic control signs, signals and devices
when and as may be required by the authority of the governing body to make
effective the provisions of this chapter and other ordinances for the regulation of
traffic. Any official traffic control device placed pursuant to this section shall be
marked and labeled on a map of the City of Prairie Village for the purpose of
displaying all such traffic control devices and shall be filed with the city clerk to be
open to inspection and available to the public at all reasonable hours of business.
(Code 2003; Ord. 2169, Sec. 3, 2008)
11-704. TRAFFIC CONTROL LOCATIONS. There is incorporated by reference for
the purpose of regulating traffic within the city limits, that certain traffic control
locations adopted by the governing body and on file in the office of the city clerk
and all additions and/or elections made by council hereinafter be adopted traffic
control locations in the city. (Code 1973, 11.05.030; Ord. 2169, Sec. 3, 2008)
11-705. AMENDMENT TO STANDARD TRAFFIC ORDINANCE; PEDESTRIANS.
Any person afoot or any person in a wheelchair, either manually or mechanically
propelled or other low powered, mechanically propelled vehicle designed
specifically for use by a physically disabled person. The term pedestrian includes
individuals who are walking, jogging or running within the city limits of the City of
Prairie Village, Kansas. When this article requires that pedestrians walk in a
certain fashion, the term walk shall be defined to include the acts of running and
jogging. (Ord. 2018, Sec. 1; Ord. 2169, Sec. 3, 2008)
11-706. SAME; SPEED LIMIT CHANGES.
A. It having been determined upon the basis of an engineering and traffic
investigation that the speed limits permitted by state law and by Section 33 of
the Standard Traffic Ordinance (Edition of 2004) are greater or less than is
reasonable or safe under the conditions found to exist upon the following
streets and/or parts of streets, the following speed limits shall apply where
indicated, except as provided in subsections (b) and (c) hereof:
(1) 75th Street from State Line Road to Walmer Street -- 35 miles per hour.
(2) Mission Road, from 75th Street south to 95th Street, within the city -- 35
miles per hour.
11-30
(3) Mission Road, from northern City limit south to 75th Street -- 30 miles per
hour.
(4) Nall Avenue from 63rd Street to 95th Street -- 35 miles per hour.
(5) Roe Avenue from northern City limit to 95th Street -- 35 miles per hour.
(6) 95th Street from Mission Road to Nall Avenue -- 35 miles per hour.
(7) 83rd Street from eastern City limit to Lamar Avenue -- 30 miles per hour.
(8) State Line Road from 71st Street south to 75h Street -- 30 miles per
hour.
(9) State Line Road from 75th Street south to the southern city limits -- 35
miles per hour.
(10) Cambridge from State Line Road to Somerset Drive -- 30 miles per hour.
(11) Somerset Drive from State Line Road to Nall Avenue -- 30 miles per
hour
(12) 79th Street from state Line Road to Mission Road -- 25 miles per hour
(13) 79th Street from Mission Road to Lamar Avenue -- 30 miles per hour
(14) Tomahawk Road between Mission Road and Nall Avenue -- 30 miles
per hour.
(15) Tomahawk Road between Nall Avenue and 79th Street -- 25 miles per
hour
(16) 71st Street between State Line Road and Reeds Drive -- 30 miles per
hour
(17) 63rd Street between Mission Road and Nall Avenue, within the City -- 30
miles per hour.
(18) All other residential streets not herein otherwise designated -- 25 miles
per hour.
B. Except as provided in subsection (c) hereof, the maximum speed limit upon
streets or portions of streets abutting school property or adjacent to school
crosswalks in those areas designated as school zones shall be the speed
limit posted on the appropriately erected signs giving notice of the speed limit
in said school zones. The maximum speed to be posted within each school
zone shall be determined by the traffic engineer retained by the City to
consult on traffic matters, provided the speed limit shall not be less than 20
miles per hour. Maximum speed limits within school zones shall be effective
and subject to enforcement by law enforcement officers during those time
periods set forth on appropriately erected signs giving notice of the effective
hours of enforcement or during those times a flashing yellow beacon is in
operation with appropriately erected signs indicating the school zone speed
limits are enforced during the times the flashing yellow beacon is in operation.
Said traffic engineer shall determine the times of enforcement for school
zones within the City, provided such speed limits shall apply only during the
hours in which students are normally en route to or from school.
C. Notwithstanding subsection (b), it having been determined upon the basis of
an engineering and traffic investigation that the speed limits currently posted
for certain school zones along Mission Road are greater or less than is
reasonable or safe under the conditions found to exist therein, a speed limit
of 25 miles per hour shall apply at the following streets and/or parts of streets
as shall be posted in accordance with subsection (b) hereof and during those
time periods set forth on appropriately erected signs giving notice of the
11-31
effective hours of enforcement or during those times a flashing yellow beacon
is in operation;
a. 94th Street & Mission Road (Cure of Ars School)
b. 85th Street & Mission Road (Mission Valley Middle School)
c. 83rd Street & Mission Road (Corinth Elementary School)
d. 73rd Street & Mission Road (St. Ann’s School)
e. 67th Street & Mission Road (Prairie Elementary School)
f. 63rd Street & Mission Road (Indian Hills Middle School)
(Ord. 2086, Sec. 2;, 2004; Ord. 2101, Sec. 1, 2005; Ord. 2169, Sec. 3, 2008)
11-707. SAME; DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUOR
OR DRUGS; PENALTIES. Section 30, entitled “Driving Under the Influence of
Intoxicating Liquor or Drugs; Penalties,” by deleting such section and enacting in
lieu thereof a new section 30 as follows:
Sec. 30. Driving Under the Influence of Intoxicating Liquor or Drugs; Penalties.
(a) No person shall operate or attempt to operate any vehicle within this city
while:
(1) The alcohol concentration in the person’s blood or breath as shown by
any competent evidence, including other competent evidence, as
defined in paragraph (1) of subsection (f) of K.S.A. 9-1013, and
amendments thereto, is .08 or more;
(2) the alcohol concentration in the person’s blood or breath, as measured
within two hours of the time of operating or attempting to operate a
vehicle, is .08 or more;
(3) under the influence of alcohol to a degree that renders the person
incapable of safely driving a vehicle;
(4) under the influence of any drug or combination of drugs to a degree that
renders the person incapable of safely driving a vehicle; or
(5) under the influence of a combination of alcohol and any drug or drugs to
a degree that renders the person incapable of safely driving a vehicle.
(b) No person shall operate or attempt to operate any vehicle within this state if
the person is a habitual user of any narcotic, hypnotic, somnifacient or
stimulating drug.
(c) If a person is charged with a violation of this section involving drugs, the fact
that the person is or has been entitled to use the drug under the laws of this
state shall not constitute a defense against the charge.
(d) Upon a first conviction of a violation of this section, a person shall be guilty of
a class B, nonperson misdemeanor and sentenced to not less than 48
consecutive hours or more than six months' imprisonment, or in the court's
discretion 100 hours of public service, and fined not less than $500 nor more
than $1,000. The person convicted must serve at least 48 consecutive hour’s
imprisonment or 100 hours of public service either before or as a condition of
any grant of probation or suspension, reduction of sentence or parole. In
addition, the court shall enter an order which requires that the person enroll in
and successfully complete an alcohol and drug safety action education
program or treatment program as provided in K.S.A. 8-1008, and
amendments thereto, or both the education and treatment programs.
(e) On a second conviction of a violation of this section, a person shall be guilty
of a class A, nonperson misdemeanor and sentenced to not less than 90 days
nor more than one year's imprisonment and fined not less than $1,000 nor
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more than $1,500. The person convicted must serve at least 10 consecutive
days imprisonment before the person is granted probation, suspension or
reduction of sentence or parole or is otherwise released. After 10 consecutive
days have been served, the court may place the person convicted under a
work release program provided such work release program requires such
person to return to confinement at the end of each day in the work release
program or under a house arrest program, pursuant to K.S.A. 21-4603b, and
amendments thereto, to serve the remainder of the sentence. As a condition
of any grant of probation, suspension of sentence or parole or of any grant of
probation, suspension of sentence or parole or of any other release, the
person shall be required to enter into and complete an inpatient or outpatient
treatment program for alcohol and drug abuse as provided in K.S.A. 8-1008,
and amendments thereto. An alcohol and drug safety action education
program shall not qualify as a treatment program under this subsection.
(f) On the third conviction of a violation of this section, a person shall be guilty of
a nonperson felony and sentenced to not less than 120 days or more than
one year's imprisonment and fined not less than $1,500 or more than $2,500.
The person convicted shall not be eligible for release on probation,
suspension or reduction of sentence or parole until the person has served at
least 120 days imprisonment. After 120 consecutive days have been served,
the court may place the person convicted under a work release program
provided such work release program requires such person to return to
confinement at the end of each day in the work release program or under a
house arrest program, pursuant to K.S.A. 21-4603b, and amendments
thereto, to serve the remainder of the sentence. As a condition of any grant of
probation, suspension of sentence or parole or any other release, the person
shall be required to enter into and complete an inpatient or outpatient
treatment program for alcohol and drug abuse as provided by K.S.A. 8-1008,
and amendments thereto. An alcohol and drug safety action education
program shall not qualify as a treatment program under this section.
(g) On the fourth or subsequent conviction of a violation of this section, a person
shall be guilty of a nonperson felony and sentenced to 15 months
imprisonment and fined $2,500. The person convicted shall not be eligible for
parole or reduction of sentence. During the term of imprisonment the person
shall be required to participate in a treatment program for alcohol and drug
abuse. Upon completion of the mandatory term of imprisonment the person,
shall be released to a mandatory one year period of post release supervision.
During post release supervision the person shall be required to participate in
an approved aftercare plan as a condition of release.
(h) Any person convicted of violating this section or an ordinance which prohibits
the acts that this section prohibits who had a child under the age of 14 years
in the vehicle at the time of the offense shall have such person's punishment
enhanced by one month of imprisonment. This imprisonment must be served
consecutively to any other penalty imposed for a violation of this section or an
ordinance which prohibits the acts that this section prohibits. During the
service of the one month enhanced penalty, the person shall not be eligible
for house arrest, work release or other conditional release.
(i) The court may establish the terms and time for payment of any fines, fees,
assessments and costs imposed pursuant to this section. Any assessment
and costs shall be required to be paid not later than 90 days after being
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imposed, and any remainder of the fine shall be paid prior to the final release
of the defendant by the court.
(j) In lieu of payment of a fine imposed pursuant to this section, the court may
order that the person perform community service specified by the court. The
person shall receive a credit on the fine imposed in an amount equal to $5 for
each full hour spent by the person in the specified community service. The
community service ordered by the court shall be required to be performed not
later than one year after the fine is imposed or by an earlier date specified by
the court. If by the required date the person performs an insufficient amount
of community service to reduce to zero the portion of the fine required to be
paid by the person, the remaining balance of the fine shall become due on
that date.
(k) The court shall report every conviction of a violation of this section and every
diversion agreement entered into in lieu of further criminal proceedings or a
complaint alleging a violation of this section to the division. Prior to sentencing
under the provisions of this section, the court shall request and shall receive
from the division a record of all prior convictions obtained against such person
for any violations of any of the motor vehicle laws of this state.
(l) For the purpose of determining whether a conviction is a first, second, third,
fourth or subsequent conviction in sentencing under this section:
(1) Conviction includes being convicted of a violation of this section or
entering into a diversion agreement in lieu of further criminal proceedings
on a complaint alleging a violation of this section;
(2) conviction includes being convicted of a violation of a law of another
state or an ordinance of any city, or resolution of any county, which
prohibits the acts that this section prohibits or entering into a diversion
agreement in lieu of further criminal proceedings in a case alleging a
violation of such law, ordinance or resolution;
(3) any convictions occurring during a person's lifetime shall be taken into
account when determining the sentence to be imposed for a first,
second, third, fourth or subsequent offender;
(4) it is irrelevant whether an offense occurred before or after conviction for
a previous offense; and
(5) a person may enter into a diversion agreement in lieu of further criminal
proceedings for a violation of this section, and amendments thereto, or a
law, ordinance, or county resolution that prohibits the acts of this section,
and amendments thereto, only once during the person's lifetime.
(m) Upon conviction of a person of a violation of this section, the division, upon
receiving a report of conviction, shall suspend, restrict or suspend and restrict
the person's driving privileges as provided by K.S.A. 8-1014, and
amendments thereto.
(n) In addition to imposing the sentences set forth in this section, the court is
authorized to order that the convicted person pay restitution to any victim who
suffered loss due to the violation for which the person was convicted.
(o) No plea bargaining agreement shall be entered into nor shall any judge
approve a plea bargaining agreement entered into for the purpose of
permitting a person charged with a violation of this section to avoid the
mandatory penalties established by this section or by the ordinance. For the
purpose of this subsection, entering into a diversion agreement pursuant to
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K.S.A. 12-4413 et seq. or 22-2906 et seq., and amendments thereto, shall not
constitute plea bargaining.
(p) The alternatives set out in subsections (a)(1)(2) and (a)(3) may be pleaded in
the alternative, and the city may, but shall not be required to, elect one or two
of the three prior to submission of the case to the fact finder.
(q) Upon a fourth or subsequent conviction, the court may revoke the person's
license plate or temporary registration certificate of the motor vehicle driven
during the violation of this section for a period of one year. Upon revoking any
license plate or temporary registration certificate pursuant to this subsection,
the court shall require that such license plate or temporary registration
certificate be surrendered to the court.
(r) For the purpose of this section:
(1) Alcohol Concentration means the number of grams of alcohol per 100
milliliters of blood or per 210 liters of breath.
(2) Imprisonment shall include any restrained environment in which the court
and law enforcement agency intend to retain custody and control of a
defendant and such environment has been approved by the board of
county commissioners or the governing body of the city.
(Ord. 2003, Sec. 1; Ord. 2169, Sec. 3, 2008)
11-709. SAME; ACCESSIBLE PARKING. Section 87, entitled “Accessible Parking of
the “Standard Traffic Ordinance for Kansas Cities, Edition of 2003, is hereby
amended to provide for a mandatory fine of $100 in subsection (e)(2), which is
amended to read as follows:
(e)(2) Violation of subsection (e)(1) is punishable by a mandatory fine of $100.
(Ord. 2018, Sec. 1; Ord. 2169, Sec. 3, 2008)
11-710. TRUCK TRAFFIC; REGULATION. No truck as defined in section 11-211 of
this article (except as is engaged in the repair or construction of streets within the
city) shall be allowed to enter upon any of the streets of the city except the
following named streets:
(a) 75th Street;
(b) 95th Street;
(c) Nall Avenue;
(d) State Line, from 75th Street to 79th Street;
(e) Mission Road from Tomahawk to 95th Street;
provided, that at the time of any alleged violation of these restrictions, there shall
be posted upon the streets of the city, signs indicating streets which allow truck
traffic. Trucks and other motor vehicles delivering or receiving goods or
merchandise to or from any house or premises within the city shall be permitted to
enter thereon while delivering the goods or merchandise, provided that the trucks
and other motor vehicles travel as close to their destination point as is reasonably
possible on the closest designated truck route, then from that truck route using the
most direct route to the point of pick up or delivery and shall return to the nearest
designated truck route after the delivery as is reasonably possible.
(Code 1973, 11.08.010; Ord. 2129, Sec. II, 2006; Ord. 2169, Sec. 3, 2008; Ord.
2212, Sec. 2, 2009)
11-711. TRUCK; DEFINED. As used herein, truck means any self-propelled motor
vehicle designed for or used for the transportation or delivery of freight and
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merchandise with a gross weight in excess of three-quarter ton. (Code 1973,
11.08.020; Ord. 2169, Sec. 3, 2008)
11-712. PARKING; TWO-HOUR LIMIT. No vehicle of any type other than an
automobile designed primarily to carry 10 or fewer passengers and which is not
used as a truck, shall be parked on any street of the city for more than two hours
between 12:01 a.m. and 6:00 a.m. of the day; provided, however, nothing
contained in this section shall limit the right to park certain vehicles upon a public
street or roadway within a residential area of the city as provided in the “Zoning
Regulations of the City of Prairie Village,” which are incorporated by reference at
section 16-201. (Code 1973, 11.08.040; Ord. 2169, Sec. 3, 2008)
11-713. STOPPING, STANDING AND PARKING; WHERE PROHIBITED. No driver
of a vehicle shall stop, stand or park or cause to be placed, left or stopped such
vehicle in any of the following places, except when necessary to avoid conflict with
other traffic or in compliance with the direction of a police officer or traffic-control
sign or signal, on private property or upon any area developed as an off-street
parking facility, without the consent of the owner, lessee or person in charge of any
such private property or facility. (Code 1973, 11.08.050; Ord. 2169, Sec. 3, 2008)
11-714. DRIVING, STOPPING, STANDING AND PARKING OF MOTOR VEHICLES
IN BICYCLE LANE; PROHIBITED. No driver of any motor vehicle shall drive,
stop, park or allow the vehicle to stand in any path or roadway area set aside,
designated and marked for the exclusive use of bicycles. For purposes of this
article, motorized bicycles shall not be considered as motor vehicles. (Code 1973,
11.08.055; Ord. 2169, Sec. 3, 2008)
11-715. PARTIES TO VIOLATION. Every person who commits, attempts to commit,
conspires to commit or aids or abets in the commission of any act declared herein
to be unlawful, whether individually or in connection with one or more other
persons, or as a principal, agent or accessory is guilty of such offense and every
person who falsely, fraudulently, forcibly or willfully induces, causes, coerces,
requires, permits or directs another to violate any provisions of sections 11-
208:218 is likewise guilty of such offense. Every person who knowingly and willfully
gives to a police officer false information is guilty of a misdemeanor. (Code 1973,
11.08.060; Ord. 2169, Sec. 3, 2008; Ord. 2212, Sec. 3, 2009)
11-717. DRIVING EMERGENCY. When snow, sleet or freezing rain is causing
slippery or hazardous conditions which might lead to serious traffic congestion, the
mayor of the city may declare a traffic emergency. Until such is terminated, no
vehicle shall be operated on any emergency route, as defined in section 11-219
without first having equipped such vehicle with effective skid chains or show tires,
excepting that vehicles with dual wheels need not be equipped with skid chains or
snow tires. (Code 1973, 11.08.120; Ord. 2169, Sec. 3, 2008; Ord. 2212, Sec. 4,
2009)
11-720. SLEDDING ON STREETS. It is unlawful for any person upon a sled or riding
on or by means of any sled or coaster, or similar device, to go upon any street or
roadway within the city except while crossing a street on a crosswalk, or upon a
street specifically authorized for such purpose by order of the chief of police during
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the times designated by him or her for that purpose. (Code 1973, 11.08.150; Ord.
2169, Sec. 3, 2008)
11-721. VEHICLES PROHIBITED WITHIN CERTAIN AREAS IN RESIDENTIAL
ZONES. No vehicle or part of such vehicle shall be parked or stored in the front
setback area of any lot in a residential zone or the side setback area without first
obtaining a permit. (Code 1973, 11.08.180; Ord. 2169, Sec. 3, 2008)
11-722. DRIVING UPON IMPROVED CREEKBEDS. No person shall operate or
cause to be operated any licensed or unlicensed motor vehicle or motorized
bicycle (as defined by the Standard Traffic Ordinance for Kansas Cities), or other
motorized conveyance within or upon any improved creek bed or unimproved
watercourse within the city, except at the direction of the city and as necessary to
maintain the improved creek beds. As used in this section, an improved creek bed
shall be defined as any watercourse, waterway or drainage ditch which has been
temporarily or permanently improved by the placement or construction of cement
sides, walls, bed or other enclosure within or upon the watercourse, waterway or
drainage ditch. Unimproved watercourse means any watercourse, waterway or
drainage ditch upon which no improvements or structured modifications have been
made. (Code 1973, 11.07.200; Ord. 2169, Sec. 3, 2008)
11-723. REGULATION OF THE USE OF PUBLIC STREETS BY INDIVIDUALS
WHILE JOGGING AND RUNNING. For purposes of public safety and welfare, any
person using the public streets of the city during the period from a half-hour after
sunset to a half-hour before sunrise and at any other time when there is not
sufficient light to render clearly discernible persons and vehicles on the highway at
a distance of 500 feet ahead, shall be required to wear on his or her person some
type of reflective apparel or materials of sufficient size and placement so as to be
visible to vehicular traffic from a distance of 200 feet, in addition to comply with the
provisions of the current Standard Traffic Ordinance for Kansas Cities, which apply
to pedestrians, as incorporated by reference in section 11-601. (Code 1973,
11.08.300; Code 2003; Ord. 2129, Sec II, 2006; Ord. 2169, Sec. 3, 2008; Ord.
2212, Sec. 5, 2009)
11-724. PARKING OF TRUCKS AND BUSES IN R-1 DISTRICTS.
A. In District R-1, the parking of trucks and buses is expressly prohibited in
residential driveways except such vehicles may temporarily be parked in
residential driveways if such parking does not create a safety hazard; and
(1) Such vehicle is in the process of delivering goods or merchandise; or
(2) Such vehicle is being used for construction purposes for construction
work in progress on the property.
B. For purposes of this article, the following definitions apply:
(1) Truck shall mean any self-propelled motor vehicle designed or used for
the transportation or delivery or carriage of freight, equipment or
merchandise with a gross weight in excess of three-quarter ton.
(2) Bus shall mean a self-propelled motor vehicle designed or used to carry
10 or more passengers.
(Ord. 1730, Sec. 1; Ord. 2169, Sec. 3, 2008)
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11-725. CHEMICAL TEST. Any person who operates a motor vehicle upon a public
highway in this state shall be deemed to have given his or her consent to submit to
a chemical test of his or her breath, blood, urine or saliva for the purpose of
determining the alcoholic content of his or her blood whenever he or she is
arrested or otherwise taken into custody for any offense involving operating a
motor vehicle under the influence of intoxicating liquor in violation of a state statute
or a city ordinance and the arresting officer has reasonable grounds to believe that
prior to his or her arrest the person was driving under the influence of intoxicating
liquor. The test shall be administered at the direction of the arresting officer. If the
person so arrested refuses a request to submit to the test, it shall not be given and
the arresting officer shall mail to the vehicle department of the Kansas Department
of Revenue a sworn report of the refusal, stating that prior to the arrest he or she
had reasonable grounds to believe that the person was driving under the influence
of intoxicating liquor. (Code 1973, 11.12.010; Ord. 2129, Sec. II, 2006; Ord. 2169,
Sec. 3, 2008)
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ARTICLE 8. TOWING REGULATIONS
11-801. AUTHORITY TO TOW OR IMPOUND. The police department, and all
members thereof, are authorized to have removed and towed away by a
commercial towing service to a safe lot controlled by the commercial towing
service, all motor vehicles found under the following circumstances:
(a) When any motor vehicle upon a street, public road, or highway is so
disabled as to constitute an obstruction to traffic and the person or
persons in charge of the vehicle cannot safely operate the vehicle or are
unable to provide for its custody or removal to a safe location;
(b) When any motor vehicle is parked illegally in such a manner as to
constitute a hazard or obstruction to the safe movement of traffic;
(c) When the operator of any motor vehicle is arrested and taken into
custody by the police department and such vehicle would thereby be left
unattended and create a hazard or obstruction to the safe movement of
traffic;
(d) When any motor vehicle is abandoned or left unattended on a street,
public road, highway or public property for a period of time in excess of
48 consecutive hours;
(e) When any vehicle is found being driven on the streets and is not in
proper or safe condition to be driven and cannot be removed safely to a
lawfully secured location by the owner or operator;
(f) When any motor vehicle determined to be stolen is found/recovered;
(g) When any motor vehicle is subject to seizure as evidence in a criminal
prosecution;
(h) When any motor vehicle is subject to seizure or forfeiture under the laws
of this state or federal law; or
(i) Other circumstances as outlined in Written Directive 61.4.1, which
serves as an operational guideline to the police department concerning
towing of vehicles.
(Ord. 1978, Sec. 2; Ord. 2169, Sec. 4, 2008)
11-802. DEFINITIONS. For the purposes of this chapter, the following terms,
phrases, words and their derivations shall have the meanings given in this section.
A. Abandoned Vehicle means any unoccupied motor vehicle or trailer which is or
has been:
(1) Placed, parked, stopped, or standing on any street, public road,
highway, or public parking lot for a period of 48 consecutive hours;
(2) Placed, parked, stopped, or standing in violation of Article 13, Section
93, of the Standard Traffic Ordinance.
B. Highway means the entire width between boundary lines of every way
publicly maintained when any part thereof is open to the use of the public for
the purposes of vehicular traffic.
C. Investigative Hold means when a vehicle needs to be held for the purpose of
a criminal investigation or for use as evidence at trial.
D. Motor Vehicle means every vehicle, or tractor trailer combination, which is
self-propelled by which any person or property is or may be transported or
drawn upon a highway except vehicles used exclusively upon stationary rails
or tracks.
(Ord. 1978, Sec. 2; Ord. 2169, Sec. 4, 2008)
11-39
11-803. REMOVAL OF ABANDONED VEHICLES. Whenever any person abandons a
vehicle (motorized or trailer) for a period in excess of 48 hours, the police
department, or its designated agent, may cause to have an approved commercial
towing service remove the vehicle from such highway or other public property and
place or store the same in a suitable and convenient place controlled by the
approved commercial towing service; provided, however, before said vehicle is
removed, the police department shall make a reasonable effort to determine and
contact the owner of the vehicle. Any owner contacted shall be requested to
remove the vehicle forthwith. The police department should follow protocols as
outlined in Written Directive 61.4.1, which serves as an operational guideline to the
police department concerning towing of vehicles.
Vehicles which are subject to being towed under conditions that do not constitute
an immediate obstruction to the normal and safe movement of traffic and are
determined to be abandoned, shall not be towed until the vehicle has had placed
on its windshield or in another prominent location, a sticker or placard indicating
the vehicle is in violation of section 11-802 and shall be removed by an approved
commercial towing service at the direction of the Prairie Village Police Department
after 48 hours from the time the sticker or placard was attached to the vehicle. The
sticker or placard shall include such other information as the chief of police
determines is necessary. (Ord. 1978, Sec. 2; Ord. 2169, Sec. 4, 2008; Ord. 2212,
Sec. 6, 2009)
11-804. NOTICE TO OWNER OF TOWED VEHICLE.
A. The police officer who has caused to have the approved commercial towing
service remove the vehicle, will make a reasonable attempt to ensure that the
owner or a responsible person of the towed vehicle or piece of equipment is
notified of the tow and release procedures. The approved commercial towing
service, at the time the towing service is provided, shall give written notice to
the driver, if available, of the vehicle being towed, that a fee will be charged
for storage of such vehicle. Failure by the approved commercial towing
service to give such written notice shall invalidate any lien established for
such storage fee.
B. If a tow has been completed by an approved commercial towing service at the
authorization of a police officer, and the registered owner has not recovered
the vehicle after seven days, the assigned dispatcher will notify the owner and
any lien holder known (by telephone or mail) of the whereabouts of the
vehicle and the procedures for release. If the vehicle has not been released
after 30 days, the assigned dispatcher will mail a certified notification to the
owner and any lien holders known reiterating the release procedures. A copy
of the letter will be kept with the case file.
C. The commercial towing service that renders any recovery, transportation,
protection, storage, or safekeeping of any vehicle at the request of the police
officer, shall have a first and prior lien created on such vehicle. The
commercial towing service in possession of the vehicle is required by K.S.A. §
8-1103 to send a notice to the owner of the vehicle, if known, within 15 days
from the rendering of any towing service stating that the vehicle is being held
subject to the satisfaction of the lien.
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D. If an investigative hold has been placed on the vehicle, the vehicle may only
be released to the registered owner by one of the following authorities: the
officer who placed the hold; the investigator who processed the vehicle; the
outside agency that requested the hold; or a division commander of the police
department.
If an investigative hold has not been removed by the police officer who
caused the vehicle to be towed by an approved commercial towing service
within seven days, the assigned dispatcher will contact the officer and inquire
about the status of the hold. If the hold has not been released after 10 days,
the assigned dispatcher will notify the officer's supervisor.
E. If the owner of the towed motor vehicle, trailer, equipment, etc., does not
claim such property and pay the removal and storage charges incurred by the
commercial towing service within 45 calendar days, the commercial towing
service, before 60 days pass, shall request verification from the division of
vehicles as to the last registered owner and any lien holders. Within 10
calendar days after receipt of such verification, the commercial towing service
will notify the registered owner and lien holder, as applicable, by registered
mail that the property towed is subject to public auction to the highest bidder
within 15 days from the date of the mailing of the notice. The commercial
towing service shall also use reasonable diligence in determining the title
owner if the division of vehicles is unable to verify the owner or if the vehicle is
from a non-title state, and shall inquire by mail of the office of the register of
deeds of the county in which the title shows the owner resides, if registered in
the state, as to whether there are any lien holders of record. Copies of any
notices sent shall be filed with the Johnson County Clerk by the commercial
towing service, along with an affidavit from the commercial towing service
setting forth the claim and actual expenses of notice, publication and sale.
(Ord. 1978, Sec. 2; Ord. 2129, Sec. II, 2006; Ord. 2169, Sec. 4, 2008)
11-805. PUBLIC NOTICE. After 15 days from the dates of mailing notice, the
commercial towing service shall publish a notice once a week for three
consecutive weeks in a newspaper of general circulation in Johnson County,
Kansas. The notice shall describe the property and/or motor vehicle by name of
maker, model, vehicle identification number, and owner, if known, stating that it
has been towed and held by the respective commercial towing service and will be
sold at public auction to the highest bidder for cash if the owner does not claim it
within 10 days of the date of the third publication of the notice and pay the removal
and storage charges, and publication costs incurred by the commercial towing
service. Copies of the publication shall be filed with the Johnson County Clerk by
the commercial towing service, along with the notices and affidavits described in
section 11-804. (Ord. 1978, Sec. 2; Ord. 2169, Sec. 4, 2008; Ord. 2212, Sec. 7,
2009)
11-806. APPROVAL OF COMMERCIAL TOWING SERVICE AND PROCEDURE.
The chief of police shall approve any person, firm, partnership or corporation
desiring to perform wrecking and towing service for the P.V.P.D. for removal of
vehicles as authorized herein. If such vehicle or towing service meets the
requirements of this section, in which case such wrecker or towing service shall be
eligible to be placed on the list of companies authorized to respond for wrecker or
towing service requested by the department on a rotation basis.
11-41
A. Requirements for Approval. The following requirements and criteria shall be
met by any wrecker or towing service seeking approval to be authorized and
listed as eligible to respond to requests for towing service by the P.V.P.D.;
(1) Exclusive of legal holidays, each wrecker or towing service shall be
open and have a representative actually on the premises for the location
or area where towed vehicles are stored or kept per day, from 8:00 a.m.
to 5:30 p.m. Monday through Friday, and a representative shall be
available when called between 8:00 a.m. and Noon on Saturdays.
(2) Towing and wrecker services and drivers must be available within a 30
minute response time, on a 24 hour basis, seven days a week.
(3) Each towing and wrecker service must have properly zoned and
adequate storage facilities. The outside storage areas should be fenced,
with at least a six foot high fence.
(4) Each towing and wrecker service must have available storage area
which is totally enclosed within a building for the protection and security
of recovered stolen property to be processed and valuable property left
in vehicles.
(5) Each towing and wrecker service must have available at least one, 16
ton capacity wrecker or wrecker vehicle with greater capacity.
(6) Each towing and wrecker service must provide the city with proof of
adequate insurance coverage under the following policies:
• Garage Keeper's Policy. A garage keeper's liability policy providing the
following coverage: fire, theft, wind, water, vandalism and explosion, with a
minimum limit of $60,000 per vehicle.
• Liability Policies. Liability policies covering the premises and operation of the
owner's business, equipment and motor vehicles for property damage and
bodily injury shall be maintained by the owner. These policies shall provide
coverage limits at or equivalent to $500,000 per occurrence combined single
limits for property damage and bodily injury.
• Endorsement. Each policy required herein must contain an endorsement
providing the city and the insured 30 days notice of any material change in
coverage or cancellation of the policy.
(7) Each towing or wrecker service shall provide the P.V.P.D. with
information relating to ownership and availability of the equipment and
facilities required by the foregoing subsections (1):(6).
(8) The requirements set forth in subsections (1) through (7) shall not apply
when the person whose vehicle is to be towed shall indicate a
preference, when applicable, as to when towing and wrecker service is
to be utilized or when the person whose vehicle is to be towed shall
request a specific towing or wrecker service.
B. Fees and Charges. All towing and wrecker services shall charge for towing
services and storage fees, such fees and charges as are adopted by the
governing body of the city by resolution. (Such fees and charges shall apply
only as to vehicles/equipment towed and stored in response to a request by
said police department.) Towing and wrecker services may submit charges to
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the governing body for approval, but the charges as approved shall be
uniform for all services.
C. Release of Towed Vehicle. No wrecker or towing service, or owner, employee
or agent thereof, shall release any towed or stored vehicle without the proper
authorization (vehicle release form) from the P.V.P.D., or designated
representative, who shall be responsible for approving the owner's
identification and proof of title and registration.
D. Enforcement Authority. The governing body may establish, distribute and
cause the enforcement of reasonable rules and regulations for wrecker or
towing services, subject to the provisions of this section, as from time to time
it deems appropriate for the safety, well-being and protection of citizens and
their property within the city.
(Ord. 1978, Sec. 2; Ord. 2169, Sec. 4, 2008)
11-807. SUSPENSION OR REVOCATION OF APPROVAL AND AUTHORIZATION:
GROUNDS. The chief of police may suspend or revoke any approved towing and
wrecker service from the rotational call list. Any such suspension shall be for a
maximum of 60 days.
If such approval and authority is revoked, such towing and wrecker service shall
not be eligible for reinstatement for at least one year from the date of revocation.
Such suspension or revocation shall be preceded by written notice to the towing or
wrecker service advising such service of its failure to comply with any of the
requirements of this chapter or of the violation by such towing and wrecker service
of the following provisions upon which a suspension or revocation may be based:
A. Obtaining the approval and authority by fraudulent conduct, false statements
or intentional omission;
B. The towing and wrecker service violated the fee and charges scheduled by
overcharge;
C. Such towing and wrecker service consistently refuses to respond to requests
for such service by the police department or repeated failure to answer
telephone inquiries and requests for towing services;
D. The towing and wrecker service responds to the scene of an accident,
emergency or impoundment situation, when not specifically called to do so,
and solicits towing or wrecker business; or
E. The city is not satisfied with the general services of the owner and/or
employees or with the cooperation it has received from such towing and
wrecker service or other justifiable cause.
Appeal of Suspension or Revocation. Any towing and wrecker service's approval
and authority to respond to police requests which are suspended or revoked by the
chief of police may appeal such suspension or revocation to the governing body,
which shall have the power to reverse, alter, modify, uphold or increase any
suspension or revocation ordered by the police chief.
(Ord. 1978, Sec. 2; Ord. 2169, Sec. 4, 2008)
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ARTICLE 9. HAZARDOUS MATERIALS
11-901. HAZARDOUS MATERIAL DEFINED. As used in this article, the term
hazardous material shall mean any compressed gas, explosive, flammable liquid,
flammable solid, oxidizer, poison, radioactive material or any substance that due to
its nature may cause death, disability or injury upon contact therewith. (Code
2003; Ord. 2169, Sec. 5, 2008)
11-902. SAME; EXCEPTIONS. The provisions of this article shall not apply to any
container which shall have a capacity of 150 gallons or less which shall be used for
the purpose of supplying fuel for the vehicle on which it is mounted. (Code 2003;
Ord. 2169, Sec. 5, 2008)
11-903. TRANSPORTATION OF HAZARDOUS MATERIALS. Except as provided in
section 11-904 it shall be unlawful for any person, firm, corporation or other entity
to transport any hazardous material upon any street, avenue, highway, road, alley
or any other public right-of-way in the city. (Code 2003; Ord. 2169, Sec. 5, 2008;
Ord. 2212, Sec. 8, 2009)
11-904. HAZARDOUS MATERIALS ROUTES. The provisions of section 11-903 shall
apply to all streets, avenues, highways, roadways, alleys, other public rights-ofway
or city owned property within the city except those specified within this section
where transportation of hazardous materials shall be allowed.
(a) Transportation of hazardous materials shall be allowed upon the following
streets, avenues, highways or roadways as specified in 11-210.
(Code 2003; Ord. 2169, Sec. 5, 2008; Ord. 2212, Sec. 9, 2009)
11-905. PARKING OF VEHICLES OR TRAILERS CARRYING HAZARDOUS
MATERIALS.
A. It shall be unlawful for any person, firm, corporation or other entity to park any
vehicle, trailer or semi-trailer carrying any hazardous material within the city.
B. Subsection (a) shall not apply to vehicles, trailers or semi-trailers parked for
continuous periods of time not to exceed one hour where such vehicles,
trailers or semi-trailers are parked along those routes specified in section 11-
904 of this code.
C. Subsection (a) shall not apply to any vehicle, trailer or semi-trailer carrying
any hazardous material where such vehicle, trailer or semi-trailer is not
parked within 500 feet of any structure used for human habitation.
(Code 2003; Ord. 2169, Sec. 5, 2008; Ord. 2212, Sec. 10, 2009)
11-906. REMOVAL OF ILLEGALLY PARKED TRAILERS. If any vehicle, trailer or a
semi-trailer is found parked in violation of the provisions of this article, the fire chief
or assistant chief or any law enforcement officer may require the owner, operator
or lessee of the trailer to move it within two hours. If such removal is not
accomplished on the order of any such officer, it may be accomplished by any
such officer, by any reasonable means, if the continued presence of the trailer or
semi-trailer at its parked location constitutes, adds to or prevents correction of a
situation threatening imminent injury or damage to persons or property. (Code
2003; Ord. 2169, Sec. 5, 2008)
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ARTICLE 10. PARADES
11-1001. DEFINITIONS.
A. Parade is any parade, march, ceremony, show exhibition, walk-a-thon, bike-athon
or procession of any kind, or similar display, in or upon any street, park
or other public place in the city; however, a parade shall not include any street
race contest as defined in Chapter 11, Article 11.
B. Parade Permit is a permit as required by this article.
C. Person is any person, firm, partnership, association, corporation, company or
organization of any kind.
(Code 1973, 11.16.010; Ord. 2169, Sec. 6, 2008; Ord. 2212, Sec. 11, 2009)
11-1002. PERMIT; REQUIRED; EXCEPTIONS.
A. No person shall engage in, participate in, aid, form or start any parade, unless
a parade permit shall have been obtained from the city.
B. Exceptions. This article shall not apply to:
(1) Funeral processions;
(2) Students going to and from school classes or participating in educational
activities; providing such conduct is under the immediate direction and
supervision of the proper school authorities;
(3) A governmental agency acting within the scope of its functions.
(Code 1973, 11.16.020; Ord. 2169, Sec. 6, 2008)
11-1003. SAME; APPLICATION; PROCEDURE. A person seeking issuance of a
parade permit shall file an application with the chief of police on forms provided by
such officer no more than 60 days prior to the race and no less than 45 days prior
to the race. (Code 1973, 11.16.030; Ord. 2169, Sec. 6, 2008)
11-1004. SAME; APPLICATION; CONTENTS. The application for a parade permit
shall set forth the following information:
A. The name, address and telephone number of the person seeking to conduct
such parade;
B. If the parade is proposed to be conducted for, on behalf of or by an
organization, the name, address and telephone number of the headquarters
of the organization and of the authorized and responsible heads of such
organization;
C. The name, address and telephone number of the person who will be the
parade chairperson and who will be responsible for its conduct;
D. The date when the parade is to be conducted;
E. The route to be traveled, the starting point and the termination point;
F. The approximate number of persons who, and animals and vehicles which,
will constitute such parade; the type of animals, and description of the
vehicles;
G. The hours when such parade will start and terminate;
H. A statement as to whether the parade will occupy all or only a portion of the
width of the streets proposed to be traversed;
I. The location by streets of any assembly areas for such parade;
J. The time at which units of the parade will begin to assemble at any such
assembly area or areas;
K. The interval of space to be maintained between units of such parade;
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L. If the parade is designed to be held by, and on behalf of or for, any person
other than the applicant, the applicant for such permit shall file with the chief
of police a communication in writing from the person proposing to hold the
parade, authorizing the applicant to apply for the permit on his or her behalf;
M. Any additional information which the chief of police shall find reasonably
necessary to a fair determination as to whether a permit should be issued.
(Code 1973, 11.16.040; Ord. 2169, Sec. 6, 2008)
11-1005. PERMIT ISSUANCE STANDARDS. The Chief of Police shall authorize a
permit to be issued, as provided under this article, when, from consideration of the
application and from such other information as may be provided to the Chief of
Police, he or she finds that the standards and requirements enumerated below can
be met and that the applicant has agreed to be bound by them:
A. The conduct of the street race contest will not substantially interrupt the safe
and orderly movement of other traffic contiguous to its route.
B. The conduct of the race will not require the diversion of so great a number of
police officers of the City to properly police the line of movement and the area
contiguous thereto as to prevent normal police protection to the City. Further,
the applicant shall agree, prior to the approval of the permit, to reimburse the
City for all expenses required to hire or bring in off-duty police officers and the
public works personnel to properly control the activity and such other
equipment as deemed necessary to protect the contestants and the public.
The Chief of Police shall decide the number and placement of the personnel
and may request and demand that the applicant furnish personnel to assist
traffic at minor intersections.
C. The assembly point for contestants shall be approved by the Chief of Police
and wherever feasible shall be off the street. Contestants shall not enter onto
the roadway until the time designated in the applicant’s application. Parking for
contestants shall be placed and neither the assembly of race contestants nor
parking of their private vehicles shall unduly interfere with proper fire and police
protection of or ambulance service to, areas contiguous to such assembly
areas.
D. Race contestants shall be required to leave the roadway upon the approach of
an emergency vehicle using emergency equipment and remain off the roadway
until emergency equipment has cleared the area.
E. The conduct of the race is not reasonably likely to cause injury to persons or
property, to provoke disorderly conduct or to create disturbance.
F. The race is scheduled to move from its point of origin within the city limits or
point of entrance into the City to point of termination within the City limits or
point of exit from the City expeditiously and within the time requirements of the
permit. Any person or persons remaining upon the roadway at the termination
time shall become a pedestrian or bicycle rider and be required to follow all
rules of the Standard Traffic Ordinance as amended and codified in the City
Code.
G. The following further regulations shall be met:
(1) Any applicant for a race permit for a street race contest shall provide proof of
liability insurance coverage in a form acceptable and approved by the Chief
of Police, listing the City as an additional insured, for any liability of the
applicant which may arise as a result of or out of the conduct of the street
contest. The insurance coverage shall provide, at a minimum,
11-46
comprehensive general liability and property damage coverage for the event
with minimum limits of One Million Dollars ($1,000,000) for injury or death for
one person in any one occurrence; Three Million Dollars ($3,000,000) for
injury or death for two or more persons in any one occurrence; and Five
Hundred Thousand Dollars ($500,000) for property damage in any
occurrence.
(2) The applicant shall agree to indemnify the City and defend and hold it
harmless for any and all liabilities, including the cost of any legal proceeding
it may incur as a result of, or of the conduct of, any street race contest.
(3) Street race contests shall be limited to foot and wheelchair races and races
of bicycles propelled solely by human power. No motorized vehicles may
participate in a street race contest.
(4) At no time will runners be allowed to run in opposite directions on all or any
portion of the race course.
H. The applicant is responsible for ensuring that the standards in this section are
met and adhered to during the course of the event.
(Code 1973, 11.16.050; Ord. 2169, Sec. 6, 2008; Ord. 2201, Sec. 1, 2009)
11-1006. PERMIT ISSUANCE.
A. The Chief of Police shall act upon the application for a race permit and shall
have the authority to approve or disapprove the permit and shall notify the
applicant of his or her decision. If approved by the Chief of Police, then the City
Clerk shall be instructed to issue the permit in accordance with the direction of
the Chief of Police.
B. If the Chief of Police determines that the proposed street race contest will
significantly affect residents whose vehicular access to their property is affected
by the street closure, he or she may condition the approval of the permit on the
approval of the Governing Body of the City.
(Code 1973, 11.16.060; Ord. 2169, Sec. 6, 2008; Ord. 2201, Sec. 1, 2009)
11-1007. SAME; CONTENTS. Each parade permit shall state the following
information:
(a) Starting time;
(b) Minimum speed;
(c) Maximum speed;
(d) Maximum interval of space to be maintained between the units of the
parade;
(e) The portions of the streets to be traversed that may be occupied by the
parade;
(f) The maximum length of the parade in miles or fractions thereof;
(g) Such other information as the chief of police finds necessary to the
enforcement of this article.
(Code 1973, 11.16.070; Ord. 2169, Sec. 6, 2008)
11-1008. DUTIES OF PERMITTEE.
A. A permittee under this article shall comply with all permit directions and
conditions and with all applicable laws and ordinances.
B. The parade chairperson or other person heading or leading such activity shall
carry the parade permit upon his or her person during the conduct of the
parade.
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(Code 1973, 11.16.080; Ord. 2169, Sec. 6, 2008)
11-1009. PUBLIC CONDUCT DURING PARADES.
A. Interference. No person shall unreasonably hamper, obstruct or impede or
interfere with any parade or parade assembly or with any person, vehicle or
animal participating or used in a parade.
B. Driving Through Parades. No driver of a vehicle or trackless trolley shall drive
between the vehicles or person comprising a parade when such vehicles or
persons are in motion and are conspicuously designated as a parade.
C. Parking on Parade Route. The Chief of Police shall have the authority, when
reasonably necessary, to prohibit or restrict the parking of vehicles along a
highway or part thereof constituting a part of the route of a parade. The Chief
of Police shall post signs to such effect, and it is unlawful for any person to
park or leave unattended any vehicle in violation thereof. No person shall be
liable for parking on a street unposted in violation of this article.
(Code 1973, 11.16.090; Ord. 2169, Sec. 6, 2008)
11-1010. PERMIT; ISSUANCE OR REVOCATION IN THE EVENT OF EMERGENCY.
Notwithstanding any other provision in this article, the Chief of Police, or in the
absence of the Chief of Police, the mayor, shall have the authority to deny or
revoke a parade permit whenever he or she shall declare that an emergency
exists. The Chief of Police, or in his or her absence, the mayor, shall have the
authority to order any parade which has begun, to case whenever he or she shall
determine that the parade presents a public safety hazard and cannot be begun or
continued without unnecessary safety hazards to the public welfare. (Code 1973,
11.16.100; Ord. 2169, Sec. 6, 2008)
11-1011. APPEAL PROCEDURES. Any applicant for a parade permit shall have the
right to appeal the decision of the Chief of Police or any portion thereof to the
governing body of the city. The applicant must serve a notice of appeal at least 30
prior to the scheduled date of the parade and at least five days prior to the next
regularly scheduled meeting of the governing body by serving the notice of appeal
upon the City Clerk. (Code 1973, 11.16.110; Ord. 2169, Sec. 6, 2008)
11-48
ARTICLE 11. STREET RACE CONTESTS
11-1101. DEFINITIONS.
A. Street Race Contest -- The act of conducting a contest upon any street, park
or other public place in the city which shall have two or more persons
competing over a designated course and who, during the street race contest,
shall not be required to follow the regulations set forth in the Standard Traffic
Ordinance of Kansas Cities as amended herein. A street race contest does
not include any parade as defined in section 11-1001(a) of the city code and
does not include any contest utilizing mechanical devices for propulsion,
whether powered by physical exertion or otherwise, except that a street race
contest shall include participants utilizing wheelchairs which are powered by
the participant’s own physical efforts.
B. The city reserves the right to waive or suspend any or all of the requirements
of this article when the applicant is a governmental entity.
C. Person -- Any person, firm, partnership, association, corporation, company or
organization or entity of any kind
(Code 1973, 11.18.010; Ord. 2169, Sec. 7, 2008; Ord. 2212, Sec. 12, 2009)
11-1102. PERMIT REQUIRED; EXCEPTIONS.
A. No person shall engage in, participate in, aid, form or start any street race
contest unless a street race permit shall have been obtained from the city.
B. Exceptions: This article shall not apply to a governmental agency acting
within the scope of its functions.
(Code 1973, 11.18.020; Ord. 2169, Sec. 7, 2008)
11-1103. PERMIT APPLICATIONS; PROCEDURES. A person seeking issuance of a
street race permit shall file an application with the chief of police on forms provided
by such officer no more than 60 days prior to the race and no less than 45 days
prior to the race. (Code 1973, 11.18.030; Ord. 2169, Sec. 7, 2008)
11-1104. PERMIT APPLICATIONS; CONTENTS. The application for a street race
permit shall set forth the following information:
A. The name, address and telephone number of the person seeking to conduct
such race;
B. If the race is proposed to be conducted for, on behalf of, or by an organization
or other entity, the name, address and telephone number of the headquarters
of the organization, and of the authorized and responsible representatives of
such organization or entity;
C. The name address and telephone number of the person who will be the race
chairperson and who will be responsible for its conduct;
D. The date when the race is to be conducted;
E. The route to be traveled, including the starting point at which the race enters
the city limits and the termination point or the point at which the race leaves
the city limits;
F. The approximate number of persons who will participate in the street race
contest;
G. The hours when such street race contest will start and terminate, including the
time when such race will enter the city limits and the time when such race will
leave the city limits;
11-49
H. A statement as to whether the race will occupy all or any portion of the width
of the streets proposed to be traversed;
I. The location of any assembly areas or aid stations for participants in such
street race contest;
J. The time at which participants in such street race contest will begin to
assemble at any such area or areas;
K. If the race is designed to be held by any, on behalf of, or for any person other
than the applicant, the applicant for such race permit shall file with the chief of
police a communication in writing from the person proposed to hold the street
race contest, authorizing the applicant to apply for the permit on his, her or its
behalf;
L. The total distance to be traversed within the city;
M. The name of the liability insurance carrier and the amount of coverage
obtained as provided herein;
N. A statement that the applicant agrees to indemnify the city and hold it
harmless for any and all liability which may arise as a result of the street race
contest;
O. A statement that the applicant agrees to reimburse the city for all expense
required to hire or to bring in an off-duty police officer or public works
personnel to properly control the activity. Any additional information which
the Chief of Police shall find reasonably necessary to a fair determination as
to whether a race permit should be issued.
(Code 1973, 11.18.040; Ord. 2169, Sec. 7, 2008)
11-1105. PERMIT ISSUE STANDARDS. The Chief of Police shall authorize a permit to
be issued, as provided under this article, when, from consideration of the
application and from such other information as may be provided to the chief of
police, he or she finds that the standards and requirements enumerated below can
be met and that the applicant has agreed to be bound by them:
A. The conduct of the street race contest will not substantially interrupt the safe
and orderly movement of other traffic contiguous to its route.
B. The conduct of the race will not require the diversion of so great a number of
police officers of the city to properly police the line of movement and the area
contiguous thereto as to prevent normal police protection to the city. Further,
the applicant shall agree, prior to the approval of the permit, to reimburse the
city for all expenses required to hire or bring in off-duty police officers and the
public works personnel to properly control the activity and other such
equipment as deemed necessary to protect the contestants and the public.
The chief of police shall decide the number and placement of the personnel
and may request and demand that the applicant furnish personnel to assist
traffic at minor intersections.
C. The assembly point for contestant shall be approved by the Chief of Police
and wherever feasible shall be off the street. Contestants shall not enter onto
the roadway until the time designated in the applicant’s application. Parking
for contestants shall be placed and neither the assembly of race contestants
nor parking of their private vehicles shall unduly interfere with proper fire and
police protection of or ambulance service to, areas contiguous to such
assembly areas.
11-50
D. Race contestants shall be required to leave the roadway upon the approach
of an emergency vehicle using emergency equipment and remain off the
roadway unit emergency equipment has cleared the area.
E. The conduct of the race is not reasonably likely to cause injury to persons or
property, to provoke disorderly conduct or to create a disturbance.
F. The race is scheduled to move from its point of origin or point of entrance
within the city limits to point of termination or point of exit without the city limits
expeditiously and within the time requirements of the permit. Any person or
persons remaining upon the roadway at the termination time shall become a
pedestrian or bicycle rider and be required to follow all rules of the Standard
Traffic Ordinance as amended and codified in the City code.
G. The following further regulations shall be met:
(1) Any applicant for a race permit for a street race contest shall provide
proof of liability insurance coverage in a form acceptable and approved
by the Chief of Police, listing the City as an additional insured, for any
liability of the applicant which may arise as a result of or out of the
conduct of the street contest. The insurance coverage shall provide, at a
minimum, comprehensive general liability and property damage
coverage for the event with minimum limits of One Million Dollars
($1,000,000) for injury or death for one person in any one occurrence;
Three Million Dollars ($3,000,000) for injury or death for two or more
persons in any one occurrence; and Five Hundred Thousand Dollars
($500,000) for property damage in any one occurrence.
(2) The applicant shall agree to indemnify the City and defend and hold it
harmless for any and all liabilities, including the cost of any legal
proceeding it may incur as a result of, or out of the conduct of, any street
race contest.
(3) Street race contests shall be limited to foot and wheelchair races and
races of bicycles propelled solely by human power. No motorized
vehicles may participate in a street race contest.
(4) At no time will runners be allowed to run in opposite directions on all or
any portion of the race course.
H. The applicant is responsible for ensuring that the standards in this section are
met and adhered to during the course of the event.
(Code 1973, 11.18.050; Ord. 1835, Sec. 1; Ord. 2169, Sec. 7, 2008; Ord.
2201, Sec. 1, 2009)
11-1106. PERMIT ISSUANCE.
A. The Chief of Police shall act upon the application for a race permit and shall
have the authority to approve or disapprove the permit and shall notify the
applicant of his or her decision. If approved by the Chief of Police, then the
City Clerk shall be instructed to issue the permit in accordance with the
direction of the Chief of Police.
B. If the Chief of Police determines that the proposed street race contest will
significantly affect residents whose vehicular access to their property is
affected by the street closure, he or she may condition the approval of the
permit on the approval of the Governing Body of the City. (Code 1973,
11.18.060; Ord. 2169, Sec. 7, 2008; Ord. 2201, Sec. 1 2009)
11-51
11-1107. PERMIT CONTENTS. Each race permit shall state the following information:
A. Starting time;
B. Completion time;
C. The portion of the street to be used, the portion of the street which will be
open to vehicle traffic and the portions of the street to be traversed by
participants in the street race contest;
D. The maximum length of the race in miles or fractions thereof;
E. A statement of all the conditions set out in Section 11-1105 of this article;
F. Such other information as the chief of police may find necessary to the
enforcement of this article.
(Code 1973, 11.18.070; Ord. 2169, Sec. 7, 2008; Ord. 2212, Sec. 13, 2009)
11-1108. DUTIES OF PERMITTEE.
A. A permittee under this article shall comply with all permit directions and
conditions and with all applicable laws and ordinances.
B. The street race chairperson or other person overseeing the street race
contest shall carry the race permit upon his or her person during the conduct
of the race.
C. Permittee shall be responsible for notifying participants of the rules and
regulations pertaining to the race.
(Code 1973, 11.18.080; Ord. 1835, Sec. 1; Ord. 2169, Sec. 7, 2008)
11-1109. PUBLIC CONDUCT DURING STREET RACE CONTEST.
A. Interference. No person shall unreasonably hamper, obstruct, impede or
interfere with any street race contest or race assembly or with any person
participating in the street race contest.
B. Driving through Races. No driver of a vehicle shall drive on any public street
or portion thereof on or around which there is a barricade or sign stating that
the street or portion thereof is closed, or when a police officer or other
emergency official indicates.
C. The Chief of Police shall have the authority, when reasonable necessary, to
prohibit or restrict the parking of vehicles along any roadway constituting a
part of the route of the race. The chief of police shall post signs to such effect
and it shall be unlawful for any person to park or leave unattended any
vehicle in violation thereof.
(Code 1973, 11.18.090; Ord. 2169, Sec. 7, 2008)
11-1110. PERMIT ISSUANCE OR REVOCATION IN EVENT OF ANY EMERGENCY.
Notwithstanding any other provision in this article, the Chief of Police, or in the
absence of the Chief of Police, the Mayor, shall have the authority to deny or
revoke a race permit whenever he or she shall declare that an emergency exists.
The Chief of Police, or in his or her absence, the Mayor, shall have the authority to
order any street race contest which has begun, to cease whenever he or she shall
determine that the street race presents a public safety hazard. (Ord. 1835, Sec. 1;
Ord. 2169, Sec. 7, 2008)
11-1111. APPEAL PROCEDURES. Any applicant for a street race permit shall have
the right to appeal the decision of the Chief of Police or any portion thereof to the
governing body of the City. The applicant must serve a notice of appeal at least 30
days prior to the next scheduled date of the street race contest and at least five
11-52
days prior to the next regularly schedule meeting of the governing body by serving
the notice of appeal upon the City Clerk. (Code 1973, 11.18.110; Ord. 2169, Sec.
7, 2008)
11-53
ARTICLE 12. TEMPORARY PARKING OF
CONSTRUCTION EQUIPMENT VEHICLES
11-1201. PERMIT FOR TEMPORARY PARKING AND STAGING OF
CONSTRUCTION EQUIPMENT; VEHICLES AND MATERIALS DURING
CONSTRUCTION.
A. Purpose. The governing body has determined that the public safety,
convenience and welfare of its citizens will be benefited if it required any
contractor who enters into a contract with the city, any other governmental
agency or any utility, public or private, for the construction or improvement of
public streets or construction of any public works project, to first submit a plan
to the director of public works for the parking and staging of construction
vehicles, equipment and materials during the period of construction.
B. Application. The director of public works is hereby authorized and directed to
issue a permit to authorize and allow the temporary parking, staging and
storage of construction vehicles, equipment and materials on public streets of
the city or on public property, church property or property zoned C-O through
C-2 and CPO through CP-2 during periods of construction of public works or
projects of the city, any other governmental agency or public or private utility
projects within the city. No permit shall be allowed on property that is
residential in nature, provided, however, that property zoned residential that is
being used as a church, school or country club may be used with the written
permission of the owner.
Any application to obtain the permit shall provide the following information:
(1) Name, address, telephone number of the firm or company seeking the
permit.
(2) Location to be used as a parking or staging area.
(3) Written permission of any owner of any property to be used for parking
or staging.
(4) A time schedule for the parking or staging.
(5) A list of the equipment or vehicles which will be parked or stored.
C, Issuance. The director of public works shall act upon the application for the
parking or staging permit and shall notify the applicant within 48 hours of
receipt of the application as to whether or not it will be approved.
D. Contents. If approved, the permit shall include the following information:
(1) Name of contractor.
(2) Starting time.
(3) Maximum length of time for permit.
(4) General description of vehicles and/or equipment.
(5) Description of property to be used.
(6) Any special instructions or considerations that must be followed by the
holder of the permit.
E. Duties of Permittee. A permittee under this article shall comply with all permit
directions and conditions and with all applicable laws and ordinances of the
city. In addition to the penalty for violating the terms of the permit as provided
herein, the permit may also be terminated or revoked by the director of public
works, with cause.
F. Violation -- Penalty. No person shall park or store for any period of time any
construction vehicles, equipment or materials while constructing or improving
any street or while working on any public works project of any kind within the
11-54
city, on behalf of the city, or any other governmental agency or any utility,
public or private, unless a permit has been previously issued by the director of
public works as provided by this article. The person who parks or allows the
parking or storing of any construction vehicles, equipment or materials without
first obtaining the permit or who parks or stores or allows the parking or
storage contrary to the terms and conditions of a permit issued by the city,
shall be deemed guilty of a misdemeanor and upon conviction thereof, shall
be punished as provided in section 1-118. Each day such violation is
committed or permitted to continue constitutes a separate offense and shall
be punishable as such hereunder.
(Ord. 1772, Sec. 1; Ord. 2169, Sec. 8, 2008)
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ARTICLE 13. RESTRICTED RESIDENTIAL PARKING
11-1301. LEGISLATIVE FINDINGS.
A. The governing body finds that all requirements relating to the sufficiency of
the petition filed and notice of a public hearing have been met.
After listening to the evidence presented at the public hearing and after
giving due consideration to the issues, a motion was duly made, seconded
and passed by a majority of the members of the city council finding that the
following conditions exist in the proposed parking area:
(1) The presence of conditions hazardous to motorists and pedestrians;
(2) Traffic congestion;
(3) Unreasonable burdens placed on residents in obtaining access to onstreet
parking near their dwelling units;
(4) Degradation of property values in the area;
(5) Conditions detrimental to the peace, comfort, and welfare of the
residents of Prairie Village.
The governing body specifically finds that all of the requirements for
designation and eligibility of the area as a restricted residential parking area is
described in this article. (Ord. 2024, Sec. 1; Ord. 2169, Sec. 9, 2008)
11-1302. DEFINITIONS. For purposes of this article, the following words and phrases
shall have the meaning given herein:
(1) Commuter shall mean a person parking a motor vehicle within a
restricted residential parking area from time to time who is not residing in
the restricted residential parking area and who is not a guest as defined
by this article.
(2) Guest shall mean any person visiting a resident living in a restricted
residential parking area for any traditional guest purpose, but shall not
include a commuter.
(3) Restricted Parking shall mean the limitation of on- street parking to
those persons who reside in the dwelling units abutting the streets
designated as a restricted residential parking area.
(4) Restricted Residential Parking Area shall mean a residential parking
area which has been designated as Restricted pursuant to this article.
(5) Restricted Residential Parking Permit shall mean a permit issued by the
city which confers certain parking privileges upon the operator of the
motor vehicle to which the permit is affixed.
(Ord. 2016, Sec. 1; Ord. 2169, Sec. 9, 2008)
11-1303. INITIATION OF A RESTRICTED RESIDENTIAL PARKING AREA.
A. In order to invoke the procedure of determining whether particular streets
should be designated eligible for restricted residential permit parking, a
petition must be filed with the city clerk. The petition must:
(1) Request the governing body to conduct a public hearing to determine if
conditions exist that support the establishment of a restricted residential
parking area.
(2) Clearly describe the boundaries within which the restricted residential
parking area should be established.
(3) Clearly describe the reason for requesting the establishment of a
restricted residential parking area.
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(4) Contain the signatures of a majority of the owners of dwelling units
adjacent to any street to be included in the district.
(5) The city clerk shall review the petition prior to the hearing and shall
certify to the governing body that the petition meets the standards stated
herein.
B. Upon the receipt of such petition, the governing body shall conduct a public
hearing to consider establishing a restricted residential parking area.
C. Such hearing shall be held by the governing body only after due notice has
been published one time in a newspaper of general circulation throughout the
city at least five days prior to said hearing and to be delivered to all owners
and occupants within the area described in the petition for a restricted
residential parking area by United States mail or personal service at least five
days prior to said hearing. The notice shall clearly state the purpose of the
hearing, the exact location of said residential streets under consideration for
permit parking, and the reasons why such streets are being proposed for
designation as a restricted residential parking area.
D. During such hearing, any interested person shall be entitled to appear and be
heard.
E. Within 30 days after concluding the public hearing, the governing body shall
render a decision regarding the request for the establishment of a “restricted
residential parking area.” The decision shall be by ordinance duly passed by
the governing body and shall include the precise boundaries of the restricted
residential parking area and shall state all restrictions that are applicable to
the area. In making its decision, the governing body shall give consideration
to the eligibility requirements as described in section 11-1305.
(1) The impact of such on-street parking restrictions on adjacent
commercial areas and businesses.
(2) The availability of acceptable alternate locations for parking by displaced
commuters. (Ord. 2212, Sec. 14, 2009)
F. Upon the designation of a restricted residential parking area, the governing
body shall cause appropriate signs to be erected in such area, indicating the
parking limitations, and the fact that motor vehicles with valid parking permits
shall be exempt from the restrictions.
(Ord. 2016, Sec. 1; Ord. 2169, Sec. 9, 2008)
11-1304. GENERAL PROVISIONS.
A. Permits shall be issued to the residents within the boundaries of the restricted
residential parking area in accordance with this article. Upon application,
each household will receive a permit for each motor vehicle registered to the
address. In addition to the permits, each household will be issued five “guest”
cards for any person visiting a resident living in the restricted residential area
for any traditional guest purpose, provided that guest permits shall not be
used by a “commuter” as defined by section 11-1302. (Ord. 2212, Sec. 15,
2009)
B. No person shall park a motor vehicle in the area designated by this article as
a restricted residential parking area unless such motor vehicle has displayed
thereon a permit as provided for in this article.
C. There shall be no cost for the issuance of a permit or guest permit for the area
described by this article.
11-57
D. All permits shall expire on December 31st of each year that the restricted
residential parking area is in existence. Residents seeking either a restricted
parking permit or guest parking permit shall make application to the chief of
police each year for new permits.
E. The restricted residential parking area created by this article shall become
effective on February 1, 2003, and shall be in existence until it is duly
terminated by future action of the governing body.
F. The public works department of the city shall erect in the area designated by
this article as a restricted residential parking area appropriate signs indicating
the parking limitations and the fact that motor vehicles with valid parking
permits shall be exempt.
(Ord. 2024, Sec. 1; Ord. 2169, Sec. 9, 2008)
11-1305. AREA AND STREET DESIGNATION AND ELIGIBILITY. In order for an area
to be eligible to be designated as a restricted residential parking area, the
governing body shall make findings and give consideration to the following:
(a) The governing body shall determine and make findings that at least
three of the five conditions described in section 11-1301, exist in the
area. (Ord. 2212, Sec. 16, 2009)
(b) It shall determine that the designated area boundaries, for purposes of
administration and enforcement, should generally coincide with natural
or readily recognizable boundaries where feasible.
(c) Consideration shall be given to the impact of such on-street parking
restrictions on adjacent commercial areas and businesses and the
availability of acceptable alternate locations for parking by displaced
commuters.
(d) A street shall be deemed eligible for designation as a residential parking
area if it meets both of the following criteria:
(1) Some portion of the side of the street under consideration must
be zoned residential and used for residential purposes.
(2) The consent of more than 50 percent of the property owners of
the property that abut the street which is to be designated as a
restricted residential parking area. The percentage shall be
determined by the number of owners as opposed to area
affected. Parties consenting to the establishment of said area
shall also be required to abide by the restrictions imposed by this
article. The signature of any owner that appears on the petition
filed to commence the establishment of the restricted residential
parking area shall be considered consent as required by this
article unless this consent is withdrawn at the time of the hearing.
(Ord. 2016, Sec. 1; Ord. 2169, Sec. 9, 2008)
11-1306. ISSUANCE OF PERMIT.
A. Following approval by the governing body of the designation of a restricted
residential parking area, the chief of police shall issue appropriate permits
pursuant to the requirements of this section.
B. A permit shall be issued, upon application and payment of fees as established
in the city fee schedule, on file in the office of the city clerk, to the owner or
operator of a motor vehicle possessing a dwelling unit within the restricted
residential parking area.
11-58
C. A restricted residential parking permit will not be issued to the owner or
operator of a motor vehicle currently having any outstanding parking citations
or bench warrants in the city.
D. A restricted residential parking permit will not be issued to the owner or
operator of a motor vehicle residing on any residential property abutting a
public street upon which on-street parking is otherwise restricted.
(Ord. 2016, Sec. 1; Ord. 2169, Sec. 9, 2008)
11-1307. PERMIT APPLICATION.
A. The application for a permit shall contain information as deemed appropriate
by the Chief of Police. At a minimum, the application must contain:
(1) The name of the owner or operator of the motor vehicle;
(2) Address of motor vehicle owner's dwelling unit; and
(3) The motor vehicle's make, model, registration number, and the number
of the applicant's operator's permit.
B. The motor vehicle's registration and the operator's driver's license shall be
required to be presented at the time of making said application. In order to
verify that the applicant legally resides at the address for which the permit is
requested, the motor vehicle's registration and the operator's driver's license
shall show the address of the dwelling unit in the area for which the permit is
sought. In addition, the motor vehicle shall have current State of Kansas,
County of Johnson, motor vehicle plates.
C. If the applicant's driver's license or motor vehicle registration indicates a
permanent address at a location other than within the residential parking
area, the applicant shall provide sufficient proof of residency within the
residential parking area as determined by the chief of police.
D. The permit shall be renewed annually upon such conditions and procedures
as the Chief of Police shall specify.
(Ord. 2016, Sec. 1; Ord. 2169, Sec. 9, 2008)
11-1308. PARKING PERMITS.
A. A restricted residential parking permit is valid only when visibly and properly
displayed on the motor vehicle when parked in the designated area for which
the permit has been issued.
B. The permit shall be placed in the lower left portion of the rear window of the
motor vehicle.
C. With the exception of guest permits, restricted residential parking permits
must be permanently affixed to the motor vehicle to which the permit is
issued.
D. Use of said permit shall be restricted to streets designated for restricted
residential permit parking within the designated area.
E. A residential parking permit shall not guarantee or reserve to the holder a
parking space within a residential parking area.
F. A residential parking permit shall not authorize the holder thereof to stand or
park a motor vehicle in such places or during such times as the stopping,
standing, or parking of a motor vehicles is prohibited or set aside to specified
types of vehicles, nor exempt the holder from the observance of any traffic
regulation.
11-59
G. Residential parking permits may be temporarily suspended by the city for
snow removal, emergency, construction purposes, or other circumstances as
approved by the chief of police.
H. The owner or operator of a motor vehicle displaying a residential parking
permit shall completely remove said permit immediately upon its expiration or
termination.
I. Guest permit — The Chief of Police is authorized to make provisions for the
issuance of temporary parking permits to guests of residents of the
designated residential parking area. Proof of residence within the area must
be provided prior to the issuance of said permits.
(Ord. 2016, Sec. 1; Ord. 2169, Sec. 9, 2008)
11-1309. TRANSFERABILITY. Only the registered motor vehicle named on the
residential parking permit shall be eligible to display this permit. Any transference
of this permit to a vehicle other than that named on the permit shall constitute a
violation of this article and necessitate the removal for the motor vehicle from the
residential parking area. (Ord. 2016, Sec. 1; Ord. 2169, Sec. 9, 2008)
11-1310. REVOCATION.
A. The Chief of Police is authorized and directed to revoke the residential
parking permit of any permittee found to be in violation of this article and,
upon written notification thereof, the permittee shall surrender such permit to
the chief of police. Failure to surrender a residential parking permit so revoked
shall constitute a violation of this article.
B. When a residential parking permit is so revoked, no other permit shall be
granted to such person or vehicle registered to such person within 12 months
of the date of its revocation, nor shall any part of the money paid for any
permit so revoked be refunded.
C. Any revocation imposed by the Chief of Police may be appealed within 10
days of such notice of revocation to the governing body. The notice of appeal
shall state the basis or bases upon which the licensee seeks review of the
chief of police's determination.
D. It shall be a violation of this article for any person to copy, reproduce, or sell a
permit.
(Ord. 2016, Sec. 1; Ord. 2169, Sec. 9, 2008)

Frequently asked questions about speeding & traffic ticket amendments in Prairie Village, Kansas:

Q.  What types of Prairie Village tickets can you help me with?

A.  Our attorneys can usually amend Prairie Village speeding tickets, red light violations, stop sign citations, failure to yield charges,  and other tickets.  Every case is unique, so you will need to call to learn how we may be able to help you.

Q.  I haven't had a ticket for years - should I be worried about having one on my driving record?

A.  Yes.  Even one ticket will likely cause a driver with a perfect driving record to lose their "good driver" discount.  Losing this discount will likely mean hundreds or thousands of dollars in increased insurance premiums.

Further, some tickets by themselves can trigger a driver's license suspension, although this is rare for drivers with a perfect record.  Call us and one of our lawyers will be happy to discuss your Prairie Village or Johnson County traffic ticket.

Q.  The Prairie Village Police Officer told me I could go to jail for my ticket, is that true?

A.  Maybe.  You can be jailed for certain traffic violations that are classified as Misdemeanors in Kansas. 

If you were written a ticket for driving while suspended, no registration or switched tags, no proof of insurance, transporting an open container, DUI, etc, then you are in fact looking at jail time.  This makes it crucial to contact an attorney to represent you on your Prairie Village traffic case.

Q.  How much is "fixing" or amending my Prairie Village traffic ticket going to cost me?

A.  The main question on everyone's mind, but unfortunately not one that can be answered on a web page. 

Every case is unique, so there is no way for us to quote a price over the Internet.  In general, it costs much less to fix, amend, or divert a simple moving violation than to represent you on a misdemeanor such as driving while suspended.

The higher the "face value" of your Prairie Village ticket, the more it will cost to amend it or secure a diversion.

In almost every case, the price to "fix," amend, or divert a ticket is much less than the increased insurance premiums that almost always follow a guilty plea or no contest plea on a Prairie Village moving violation.

Frequently asked questions about a driver's license suspension Prairie Village or elsewhere in Kansas:

Q.  How exactly can my driver's license get suspended?

A.  These are the infractions that will result in the suspension of your Kansas driver's license.  They can happen in Prairie Village or another Court:

• Conviction of three or more moving violations within a specified time period.  The State does not care if the violations were collected in Prairie Village, elsewhere in Kansas, or even in another state - they will still suspend your driver's license for too many violations!The list of "moving violations" is extensive and changes depending on circumstances.  One of our firm's Prairie Village traffic attorneys can discuss your citation with you to determine it's status.

• Refusal to submit to a chemical test to determine your BAC when requested by a Prairie Village Police Officer.
  

• Failing to appear for court date or failing to pay a ticket from Prairie Village or other jurisdiction.  We see this one all too often - folks either can't afford to pay a ticket or forget all about it.  When the Court date is missed, the City or County will suspend that person's driver's license and issue a warrant for your arrest.  If you have missed your Court date, call us immediately!  We can often enter an appearance on your behalf, get the warrant recalled, and take steps to get your driver's license back in good standing.

• Failing to maintain continuous liability insurance on your vehicle.  If you drive your car without insurance, you can be suspended for a very lengthy period of time - even if you haven't been in an accident.  Do not drive without insurance in Prairie Village or elsewhere!  If you do let your insurance lapse and a ticket is issued, call us immediately so we can help you avoid a driver's license suspension for the charge.

• Driving while under the influence of alcohol or drugs or having a BAC level of .08% or above.  Almost everyone charged with a DUI will also be subject to a driver's license suspension ranging from 30 days to life, depending on their driving history.  If you have been charged with DUI in Prairie Village or elsewhere in Kansas you only have 10 days from the date of your arrest to request an administrative hearing with the State or your license will be automatically suspended for a period ranging from 30 days to life!  If you have been charged with DUI in Prairie Village or elsewhere in Kansas, call us immediately so we can file the correct documents to preserve your driving privileges!

• Transporting an open container of liquor or cereal malt beverage (3.2 beer)
• Other violations
  

Q.  Can I get a hardship driver’s license?
A.  Kansas laws do not allow the issuance of a hardship license, that would allow a person to drive during the length of their suspension, revocation, cancellation or
disqualification period.

Q.  I went through a period of time where I racked up a bunch of tickets.  This is hurting my ability to get a license.  Is there anything an Prairie Village traffic law office can do to help me get my driving privileges back?

A.  In many cases, the answer is yes - we can help you get your Kansas driver's license.  We specialize in "hard cases" that other traffic attorneys in Prairie Village and Johnson County are unwilling to take.  We can help you in several ways. 

First, if there are tickets that haven't been paid, we can enter appearances on those cases and attempt to amend or "fix" any moving violations you have pending. 

Second, if past tickets are going to be or are the cause of a driver's license suspension, then we may be able to vile a "motion to withdraw plea," where we can actually "undo" the tickets you've paid in the past.  

When dealing with past tickets or multiple tickets, the situation can get very complicated very quickly.  Call us today at 913 764-5010 to set up an appointment to discuss your situation and to find a solution to get back your Kansas driver's license.

Prairie Village driving under the influence (DUI/DWI) attorneys:

We also represent folks charged with DUI in Prairie Village or Johnson County.  These are very serious charges and it is extremely important that you quickly consult a Prairie Village DUI attorney immediately.

In most Prairie Village DUI cases, you only have 14 days to request an administrative hearing or your license will be automatically suspended for a period between 30 days and life.  

Convictions for Prairie Village DUI charges always carry a jail sentence - even for first time convictions.  We may be able to help some charged with a Prairie Village DUI secure a diversion or enrollment in the CWIP class which will keep you from having to do jail time.

For more information about retaining a Prairie Village DUI attorney go to:  http://www.johnsoncountydui.com/Practice-Areas/PrairieVillageDUI.shtml Prairie Village DUI lawyer.