CHAPTER 14. TRAFFICCHAPTER 14. TRAFFIC\Article 2. Local Traffic Regulations

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 Hiawatha 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 2007)

It is unlawful for any person to haul trash, debris, or refuse in or on any vehicle in this city unless the compartment where the trash, debris, or refuse is carried is covered so as to prevent it from blowing or falling from the vehicle.

(Code 1977, 5.06.010)

It is unlawful for any person to haul in or on any vehicle in this city, any dirt, rock, sand or gravel, or like material, in any manner so as to permit same to spill or fall from the vehicle.

(Code 1977, 5.06.020)

(a)   First Street from the south city limits to the north city limits;

(b)   Oregon Street from First Street to the west city limits.

(c)   It is authorized, ordered, and directed that First Street (U.S. Highway 73), Oregon Street, Sixth Street and Fourth Street are located in the city and are designated and established as main trafficways within the city.

(Code 1977, 10.04.030, 12.18.010)

The following streets are established as snow street areas between the hours of 5:00 p.m. and 7:00 a.m. the next day every night of the week within the city limits:

(a)   Oregon Street from First Street to Hopi Street;

(b)   Sixth Street from Delaware Street to Utah Street;

(c)   Seventh Street from Delaware Street to Utah Street;

(d)   Delaware Street between Sixth Street and Seventh Street;

(e)   Utah Street between Sixth Street and Seventh Street;

(f)   First Street between the north city limits and the south city limits.

(g)   Miami Street from First Street to Twelfth Street

(h)   Iowa Street from First Street to Hopi Drive

(i)    Twelfth Street from U.S. 36 Highway to Oregon Street.

(Code 1977, 10. 20.030; Ord. 1037; Code 2022)

All vehicles parked on the streets designated in section 14-205 on any night of the week between the hours of 5:00 p.m. and 7:00 a.m. the following day, when there is an accumulation of snow that requires snow removal from the streets, may be removed or caused to be removed by the police officers of the city to the nearest garage or other place of safety. The vehicles may not be recovered until towing or storage charges are paid by the owner or lessee.

(Code 1977, 10.20.020)

Parking and operating vehicles on certain streets covered by heavy accumulation of snow is a matter affecting the health, safety, and welfare of the citizens of the city for the reasons that parked and stalled vehicles impede snow removal operations and cause serious traffic congestion; and it is impossible to properly clean and sweep the streets.

(Code 1977, 10.20.050)

During snow removal, the chief of police shall have the power to designate parallel parking upon the streets described in section 14-205 when he or she deems it in the public safety and interest to have parallel parking. All cars shall then park parallel after the posting of the appropriate signs along the streets described in section 14-205.

(Code 1977, 10.20.060)

(a)   No person shall stop, park, or leave standing any vehicle, whether attended or unattended, upon U.S. Highway 73, also known as First Street, from the north city limits to the south city limits at any time on any part of U.S. Highway 73.

(b)   No person shall stop, park, or leave standing any vehicle, whether attended or unattended, upon that portion of Miami Street located West of the West side of that portion of 4th Street located North of Miami Street to a point 110 feet west of that location.

(Code 1977, 10.20.040; Ord. 989; Code 2022)

It is unlawful for any person, firm, corporation or partnership to park a solid waste collecting vehicle, which has been licensed under the provision of Chapter 5, upon any private property within the residential zoned areas of the city for any period of time.

(Code 1977, 10.20.070)

It shall be unlawful for any person, firm, or corporation to park any solid waste collection vehicle, as licensed under Chapter 5 on any public street or alley in the city for any time period longer than it reasonably takes to collect the solid waste or trash from the property which adjoins the alley or street in the city.

(Code 1977, 10.20.080)

Any person, firm, or corporation violating any of the provisions of sections 14-210:211 is subject to fine or penalty under the general penalty provisions of this code, which is section 1-117 and sections thereafter located in this code.

(Code 1977, 10.20.090)

It is unlawful for any person, firm, corporation or partnership to park or leave standing any trailer upon the public streets and alleys of the city.

(Code 1977, 10.20.110)

A person, firm, or corporation may park a trailer, when physically connected to a motor vehicle for the purpose of towing it, for a period of not to exceed two hours in 24 hours for the purpose of unloading or loading property or people into the trailer. This section shall not apply to trucks loading or unloading under Chapter 10 of the city code.

(Code 1977, 10.20.120)

In the event a person, firm or corporation or partnership cannot load or unload the trailer in two hours’ time, he or she may apply to the chief of police or his or her appointed representative for additional hours to complete the loading or unloading.

(Code 1977, 10.20.130)

(a)   Whenever any police officer finds a trailer in violation of any provisions of this chapter, he or she shall, at the time of the delivering of the citation to the owner thereof, request the owner to remove the trailer from the city street or alley within two hours from the delivery of the citation. In the event that the trailer is not removed by the owner within two hours from the delivery of the citation, then the police officer is authorized to have or cause to have the trailer removed to a place of safety. In the event that the officer is unable to ascertain the name of the owner of any trailer found upon the streets or alleys of the city, then the officer is authorized to remove or cause to be removed the trailer to a place of safety.

(b)   After the removal of the trailer to a safe place by the police officer from the streets or alleys of the city, he or she shall try to ascertain the name of the owner of the trailer and so notify the owner of the location of the trailer to the place to which it has been removed. The owner shall, after paying the towing and any storage charges, be allowed to remove the trailer. In any event that the owner does not claim the trailer within 48 hours of notification or the police officer is unable to ascertain the ownership of the trailer, then the trailer shall be sold as unclaimed or abandoned property in accordance with Chapter 8.

(Code 1977, 10.20.140)

(a)   Any person, firm, corporation or partnership in violation of any provision of sections 14-213:216 is subject to a fine not less than $25.00 nor more than $150.00 or by imprisonment for not to exceed 30 days or by both such fine and imprisonment.

(b)   Each such person, firm, corporation or partnership shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of sections 14-213:216 is committed, continued or permitted by any such person, firm, corporation or partnership and he shall be punished accordingly.

(Code 1977, 10.20.150)

(a)   Trucks and commercial vehicles are prohibited on all streets except those stated in this section. When signs are erected giving notice of the truck routes in the city, no person shall at any time thereafter, drive or park a truck or other commercial vehicle or trailer or combination thereof, (except as are engaged in the repair of, snow removal from and construction of streets within the city and school buses) having a gross weight in excess of 17,000 pounds on any street or alley or public way in the city, except on the following named streets where such truck traffic shall be allowed and will be designated as “truck routes,” those streets being as follows:

       First Street, Sixth Street, Seventh Street South of Iowa, South 8th, 9th between Oregon and Miami, South 10th, 12th, Industrial, Hatfield Road, Miami, West Oregon, Utah 8th to 10th, Kickapoo 8th to 10th, Pottawatomie 10th to Industrial, Iowa, Lodge Road First to Seventh, 100 Block North 10th and 11th, and 1000 Block Delaware provided, trucks, commercial vehicles, carrying goods, merchandise or material or other articles to or from any house, or premises abutting upon any street upon which trucks are prohibited, shall be permitted to enter thereon, cross street nearest to the house or premises in the direction in which the vehicles are moving and deliver or receive such goods, merchandise, materials or other articles, but such trucks shall not proceed on the street further than the nearest cross street thereafter.

(b)   Violation; Penalty. Any person violating any of the provisions of this chapter shall be subject to a fine or penalty under the general penalty provision of this code, which is section 1-117 and sections thereafter located in this code.

(Code 1977, 10.24.020:10.24.030)

No person operating or occupying a motor vehicle on a street, highway, alley, parking lot or driveway shall operate or permit the operation of any sound amplification system from within the vehicle so that the sound is plainly audible at a distance of 50 or more feet from the vehicle.

(Code 1977, 10.28.010)

As used in this chapter:

(a)   Plainly Audible means any sound produced by a sound amplification system from within the vehicle, which clearly can be heard at a distance of 50 feet or more. Measurement standards shall be by the auditory senses, based upon direct line of sight. Words and phrases need not be discernible and bass reverberations are included. The motor vehicle may be stopped, standing, parking or moving on a street, highway, alley, parking lot or driveway.

(b)   Sound Amplification System means any radio, tape player, compact disc player, loudspeaker or other electronic device used for the amplification of sound.

(Code 1977, 10.28.020)

It is an affirmative defense to charge under this section that the operator was not otherwise prohibited by law from operating the sound amplification system, and that any of the following apply:

(a)   The system was being operated to request medical or vehicular assistance or to warn of a hazardous road condition;

(b)   The vehicle was an emergency or public safety vehicle;

(c)   The vehicle was owned and operated by the city gas, electric, communications or refuse company;

(d)   The system was used for the purpose of giving instructions, directions, talks, addresses, lectures or transmitting music to any persons or assemblages of persons in compliance with ordinances of the city;

(e)   The vehicle was used in authorized public activities, such as parades, fireworks, sports events, musical productions and other activities which have the approval of the department authorized to grant such approval.

(Code 1977, 10.28.030)

Any person, individual, partnership, corporation or association who violates any of the provisions of this chapter is guilty of an ordinance violation, and upon conviction, shall be punished by a fine not to exceed $500.00 or by imprisonment of not more than six months, or by both such fine and imprisonment. Each day any violation hereof is found to exist or continues to exist shall be a separate offense and punishable as such hereunder.

(Code 1977, 10.28.040)

(a)   Declared unlawful.

(1)   Every person operating a motor vehicle upon the streets within the city shall drive the same in a careful and prudent manner, having regard for the width, grade, curves, corners, traffic, surface and use of these street, and all other attendant circumstance, so as not to endanger the life, limb or property of any person.

(2)   Failure to drive in such a manner shall constitute careless driving which is declared to be unlawful.

(b)   Tire Screeching - unlawful. It is unlawful for any person, while operating a motor vehicle on the streets or highways of the city, to accelerate or speed the vehicle in such a manner, or to turn a corner in such a manner, as to cause the tires to screech.

(c)   Penalty. Any violation of this section will be penalized in accordance with section 11-214 of the Code of the City of Hiawatha, Kansas.

(Ord. 999; Code 2022)