A CHARTER ORDINANCE EXEMPTING THE CITY OF ELLINWOOD KANSAS FROM CERTAIN PROVISIONS OF K.S.A. 8-126 et seq., AND THE UNIFORM TRAFFIC CODE: PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS OF THE SAME SUBJECT WHICH RELATE TO THE OPERATION OF CERTAIN VEHICLES UPON THE STREETS OF THE CITY OF ELLINWOOD, KANSAS; AND PROVIDING FOR THE ENFORCEMENT THEREOF.

Section 1. The City of Ellinwood, Kansas, a city of the third class, by the power vested in it by Article 12, Section 5, of the Constitution of the State of Kansas, hereby elects to exempt, and does exempt itself from and makes inapplicable to it the provisions of K.S.A. 8-126 et. seq., as amended, and the uniform traffic code which are net uniformly applicable to all cities, the legislature having made special provisions applying to certain classes of cities in said enactment.

Section 2. In lieu of and in addition to certain provisions of K.S.A. 8-126 et. seq., as amended, and the uniform traffic code, the governing body of the City of Ellinwood, Kansas, hereby adopts the following substitute and additional provisions:

(a)   Subject to the terms and conditions herein after provided, it shall be lawful to operate a vehicle commonly known as a “golfcart” upon the public streets, alleys, and roadways of the City of Ellinwood, Kansas.

(b)   A “golfcart” shall be any motorized vehicle which is manufactured for use on a golf course and is capable of carrying one or two persons together with golf bags and equipment.

(c)   Said vehicle shall be operated only by persons over the age of sixteen years having a valid driver’s license.

(d)   If said vehicle is operated between the hours of one half hour after sunset until one half hour before sunrise, it shall be equipped with headlights and taillights as required by law for motor vehicles.

(e)   Said vehicle shall be covered by a liability insurance policy insuring said vehicle as a motor vehicle or providing coverage under the owner/operators homeowners insurance plan.

(f)   Said vehicle shall be driven from the place of storage of the vehicle or the residence of the operator of the vehicle directly to the golf course located in the city limits of the City of Ellinwood, Kansas.

(g)   Said vehicle shall; be equipped with a slow moving vehicle sign on the rear of said vehicle in a location visible to traffic approaching from the rear of the vehicle.

(h)   Any person violating the provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than Twenty-Five Dollars ($25.00) nor more than One Hundred Dollars ($100.00).

Section 3. It is the intent of this Charter Ordinance to uniformly provide for the operation of all vehicles commonly known as a “golfcart” for the reason that K. S.A. 8-126 et. seq. as well as the uniform traffic code regulating traffic has conflicting provisions pertaining to various types of said vehicles.

(06-10-1997)