§ 35-1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Alcohol means any substance containing any form of alcohol including, but not limited to, ethanol, methanol, propanol, and isopropanol.
State Law reference— Similar provisions, K.S.A. 8-2,128.
Alcohol concentration means the number of grams of alcohol per 100 milliliters of blood or the number of grams of alcohol per 210 liters of breath.
State Law reference— Similar provisions, K.S.A. 8-2,128.
Alcohol or drug-related conviction means any of the following:
(1)
Conviction of vehicular battery or aggravated vehicular homicide, if the crime is committed while committing a violation of K.S.A. 8-1567, and amendments thereto, or the ordinance of a city or resolution of a county in this state which prohibits any acts prohibited by that statute, or conviction of a violation of K.S.A. 8-2,144 or K.S.A. 8-1567; or K.S.A. 8-1025, and amendments thereto, or conviction of a violation of aggravated battery as described in K.S.A. 21-5413(b)(3), and amendments thereto.
(2)
Conviction of a violation of a law of another state that would constitute a crime described in subsection (1) of this definition if committed in this state;
(3)
Conviction of a violation of an ordinance of a city in this state or a resolution of a county in this state which would constitute a crime described in subsection (1) of this definition, whether or not such conviction is in a court of record; or
(4)
Conviction of an act which was committed on a military reservation and which would constitute a violation of K.S.A. 8-2,144, K.S.A. 8-1567, or K.S.A. 8-1025 and amendments thereto, or would constitute a crime described in subsection (1) of this definition if committed off a military reservation in this state.
State Law reference— Similar provisions, K.S.A. 8-1013.
Alcoholic beverage means any alcoholic liquor, as defined by K.S.A. 41-10 or any cereal malt beverage, as defined by K.S.A. 41-2701.
Alcoholic liquor means alcohol, spirits, wine, beer and every liquid or solid, patented or not, containing alcohol, spirits, wine, or beer and capable of being consumed as a beverage by a human being, but shall not include any beer or cereal malt beverage containing not more than 3.2 percent alcohol by weight.
Alcohol-related offense means a violation of any law or ordinance specified in the definition of "alcohol or drug related conviction" in this section.
Alley or alleyway means a street or highway intended to provide access to the rear or side of lots or buildings in urban districts and not intended for the purpose of through vehicular traffic.
State Law reference— Similar provisions, K.S.A. 8-1402.
Arterial street means any U.S. or state numbered route, controlled-access highway or other major radial or circumferential street or highway designated by local authorities within their respective jurisdictions as part of a major arterial system of streets or highways.
State Law reference— Similar provisions, K.S.A. 8-1403.
Authorized emergency vehicle means such fire department vehicles, police bicycles, or police vehicles which are publicly owned, motor vehicles operated by ambulance services permitted by the emergency medical services board under the provisions of K.S.A. 65-6101 et seq., wreckers, tow trucks or car carriers, as defined by K.S.A. 66-1329 and having a certificate of public service from the state corporation commission, and such other publicly or privately owned vehicles which are designated as emergency vehicles pursuant to K.S.A. 8-2010.
State Law reference— Similar provisions, K.S.A. 8-1404.
A-weighted sound level means the sound pressure level in decibels as measured on a sound level meter using the A-weighting network. The level so used is designated dB(A) or dBA.
Bicycle means every device propelled by human power upon which any person may ride, having two tandem wheels, either of which is more than 14 inches in diameter.
State Law reference— Similar provisions, K.S.A. 8-1405.
Bus means:
(1)
Every motor vehicle designed for carrying more than ten passengers and used for the transportation of persons.
(2)
Every motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation.
State Law reference— Similar provisions, K.S.A. 8-1406.
Bus stop or zone means a portion of a roadway adjacent to the curb which has been marked by appropriate signs or painted markings and which is primarily reserved for the use of buses while loading and unloading passengers.
Business district means the territory contiguous to and including a highway when, within any 600 feet along such highway, there are buildings in use for business or industrial purposes, including, but not limited to, hotels, banks or office buildings, railroad stations and public buildings which occupy at least 300 feet of frontage on one side or 300 feet collectively on both sides of the highway.
State Law reference— Similar provisions, K.S.A. 8-1407.
Cereal malt beverage means any fermented but undistilled liquor brewed or made from malt or from a mixture of malt and/or malt substitute, but shall not include any such liquor that is more than 3.2 percent alcohol by weight.
Chief of police means the chief of police or any member of the police department of the unified government designated by the chief of police to act in the chief's place.
Church bus means every motor vehicle owned by a religious organization, and operated for the transportation of persons to or from services or activities of such religious organization. As used in this section, "religious organization" means any organization, church, body of communicants or group, gathered in common membership for mutual edification in piety, worship and religious observances, or a society of individuals united for religious purposes at a definite place.
State Law reference— Similar provisions, K.S.A. 8-1730a.
Commercial driver's license means a license issued pursuant to K.S.A. 8-234b that authorizes the operation of a commercial class vehicle.
Commercial motor vehicle means any of the following motor vehicles or combinations, if propelled by motor fuel and used, designed or maintained for the transportation of persons or property, and:
(1)
Has two axles and a gross vehicle weight or registered gross weight exceeding 26,000 pounds or 12,000 kilograms;
(2)
Has three or more axles, regardless of weight; or
(3)
Is used in combination when the weight of such combination exceeds 26,000 pounds or 12,000 kilograms gross vehicle weight or registered gross weight.
State Law reference— Similar provisions, K.S.A. 79-34,108.
Compression release engine braking system means a hydraulically operated device that converts a power producing diesel engine into a power absorbing retarding mechanism.
State Law reference— Similar provisions, K.S.A. 8-1761(b).
Controlled-access highway means every highway, street or roadway in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the same except at such points only and in such manner as may be determined by the public authority having jurisdiction over such highway, street or roadway.
State Law reference— Similar provisions, K.S.A. 8-1410.
Controlled substance means any drug, substance or immediate precursor included in any of the schedules designated in K.S.A. 65-4105, 65-4107, 65-4109, 65-4111 and 65-4113 and amendments thereto.
Conviction means an unvacated, adjudication of guilt, or a determination that a person has violated or failed to comply with the law and, in a court of original jurisdiction or an administrative proceeding, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court cost, or violation of a condition of release without bail, regardless of whether the penalty is rebated, suspended, or probated.
State Law reference— Similar provisions, K.S.A. 8-2,128.
Crosswalk means:
(1)
That part of a roadway at an intersection included within the connections of the lateral lines of sidewalks on opposite sides of the highway measured from curbs or, in the absence of curbs, from the edges of the traversable roadway.
(2)
Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface.
State Law reference— Similar provisions, K.S.A. 8-1411.
Day care program has the meaning assigned to it in K.S.A. 39-1006.
State Law reference— Similar provisions, K.S.A. 8-1730a.
Day care program bus means every motor vehicle used primarily to carry out functions of a day care program.
Decibel means a unit for measuring the volume of a sound, equal to 20 times the logarithm to the base ten of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micropascals or 20 micronewtons per square meter (20 × 10 -6 Newtons/meter ).
Department means the state department of transportation.
State Law reference— Similar provisions, K.S.A. 8-1409.
Director means the director of vehicles for the state.
State Law reference— Similar provisions, K.S.A. 8-1412.
Divided highway means a highway divided into two or more roadways by leaving an intervening space or by a physical barrier or by a clearly indicated dividing section so constructed as to impede vehicular traffic.
State Law reference— Similar provisions, K.S.A. 8-1414.
Division means the division of vehicles of the state department of revenue.
State Law reference— Similar provisions, K.S.A. 8-1413.
Double parking means the standing or stopping of a vehicle in the line of traffic and:
(1)
To the rear of a vehicle angle parked or to the rear of a space where a vehicle may be parked at any angle to the curb or edge of the roadway; or
(2)
To the roadway side of a vehicle parked parallel with the curb or edge of the roadway or the roadway side of the space in which a vehicle may be parked parallel to the curb or edge of the roadway.
Drawbar means a bar across the rear of a motor vehicle or a device securely attached to the motor vehicle which maintains a fixed position and to which a towbar may be coupled.
State Law reference— Similar provisions, K.S.A. 8-1414a.
Drive means to drive, operate or be in physical control of a motor vehicle.
Driver means every person who drives or is in actual physical control of a vehicle.
State Law reference— Similar provisions, K.S.A. 8-1416.
Driver's license means any license to operate a motor vehicle issued under the laws of the state.
State Law reference— Similar provisions, K.S.A. 8-1417.
Driveway-towaway operations means any operation in which any motor vehicle, trailer or semitrailer, singly or in combination, new or used, constitutes the commodity being transported, when one set or more of wheels of such vehicle are on the roadway during the course of transportation, whether or not any such vehicle furnishes the motive power.
State Law reference— Similar provisions, K.S.A. 8-1415.
Electric-assisted bicycle means a bicycle with two or three wheels, a saddle, fully operative pedals for human propulsion, and an electric motor. The electric-assisted bicycle's electric motor must have a power output of no more than 1,000 watts, be incapable of propelling the device at a speed of more than 20 miles per hour on level ground, and be incapable of further increasing the speed of the device when human power alone is used to propel the device beyond 20 miles per hour.
State Law reference— Similar provisions, K.S.A. 8-1489.
Electric-assisted scooter means every self-propelled device with an electric motor, a deck upon which a person may ride, handlebars, a brake and at least two wheels in contact with the ground. The electric-assisted scooter's electric motor must have a power output of no more than 1,000 watts, be incapable of propelling the device at a speed of more than 15 miles per hour on level ground, and be incapable of further increasing the speed of the device when human power alone is used to propel the device beyond 15 miles per hour.
State Law reference— Similar provisions, K.S.A. 8-1489.
Electric personal assistive mobility device means a self-balancing two nontandem wheeled device, designed to transport only one person, with an electric propulsion system that limits the maximum speed of the device to 15 miles per hour or less.
State Law reference— Similar provisions, K.S.A. 8-1491.
Essential parts means all integral and body parts of a vehicle of a type required to be registered hereunder, the removal, alteration or substitution of which would tend to conceal the identity of the vehicle or substantially alter its appearance, model, type or mode of operation.
State Law reference— Similar provisions, K.S.A. 8-1418.
Explosives means any chemical compound or mechanical mixture that is commonly used or intended for the purpose of producing an explosion and which contains any oxidizing and combustible units or other ingredients in such proportions, quantities, or packing that an ignition by fire, friction, concussion, percussion, or detonation of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructive effects on contiguous objects or of destroying life or limb.
State Law reference— Similar provisions, K.S.A. 8-1419.
Farm tractor means every motor vehicle designed and used primarily as a farm implement for drawing plows, mowing machines and other implements of husbandry. Such term shall include every self-propelled implement of husbandry.
State Law reference— Similar provisions, K.S.A. 8-1420.
Flammable liquid means any liquid which has a flashpoint of 70 degrees Fahrenheit or less, as determined by a Tagliabue or equivalent closed-cup test device.
State Law reference— Similar provisions, K.S.A. 8-1421.
Gross vehicle weight rating means the value specified by the manufacturer as the maximum loaded weight of a single or a combination (articulated) vehicle, or registered gross weight, whichever is greater. The gross vehicle weight rating of a combination (articulated) vehicle (commonly referred to as the "gross combination weight rating,") is the gross vehicle weight rating of the towed unit or units.
State Law reference— Similar provisions, K.S.A. 8-1489.
Gross weight means the weight of a vehicle without load plus the weight of any load thereon.
State Law reference— Similar provisions, K.S.A. 8-2,128.
Hazardous materials has the same meaning as that found in section 103 of the Hazardous Materials Transportation Act, 49 USC 1801 et seq.
House trailer means:
(1)
A trailer or semitrailer which is designed, constructed and equipped as a dwelling place, living abode or sleeping place, either permanently or temporarily, and is equipped for use as a conveyance on streets and highways; or
(2)
A trailer or a semitrailer whose chassis and exterior shell is designed and constructed for use as a house trailer as defined in subsection (1) of this definition, but which is used instead permanently or temporarily for the advertising, sales, display or promotion of merchandise or services or for any other commercial purpose except the transportation of property for hire or the transportation of property for distribution by a private carrier.
The term "house trailer" does not include a manufactured home or a mobile home as defined in K.S.A. 58-4202.
State Law reference— Similar provisions, K.S.A. 8-1425.
Identifying numbers means the numbers and letters, if any, on a vehicle designated by the division for the purpose of identifying the vehicle.
State Law reference— Similar provisions, K.S.A. 8-1426.
Ignition interlock device means a device that uses a breath analysis mechanism to prevent a person from operating a motor vehicle if such person has consumed an alcoholic beverage.
State Law reference— Similar provisions, K.S.A. 8-1013.
Implement of husbandry means every vehicle designed or adapted and used exclusively for agricultural operations, including feedlots, and only incidentally moved or operated on the highways. Such term shall include, but not be limited to a fertilizer spreader, nurse tank, or truck permanently mounted with a spreader used exclusively for dispensing or spreading water, dust, or liquid fertilizers or agricultural chemicals, as defined in K.S.A. 2-2202 and amendments thereto, regardless of ownership. The term "implement of husbandry" shall not include:
(1)
A truck mounted with a fertilizer spreader used or manufactured principally to spread animal dung;
(2)
A mixer-feed truck owned and used by a feedlot, as defined by K.S.A. 47-1501, and amendments thereto, and specially designed and used exclusively for dispensing feed to livestock in such feedlot; or
(3)
A truck permanently mounted with a spreader used exclusively for dispensing or spreading water, dust or liquid fertilizers or agricultural chemicals thereto, regardless of ownership.
State Law reference— Similar provisions, K.S.A. 8-1427.
Intersection means:
(1)
The area embraced within the prolongation or connection of the lateral curblines or, if none, then the lateral boundary lines of the roadways of two highways which join one another at or approximately at right angles or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict; or
(2)
Where a highway includes two roadways 30 feet or more apart, then every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate intersection. In the event such intersecting highway also includes two roadways 30 feet or more apart, then every crossing of two roadways of such highways shall be regarded as a separate intersection.
The junction of an alley with a street or highway shall not constitute an intersection.
State Law reference— Similar provisions, K.S.A. 8-1428.
Laned roadway means a roadway that is divided into two or more clearly marked lanes for vehicular traffic.
State Law reference— Similar provisions, K.S.A. 8-1429.
Law enforcement officer has the meaning provided by K.S.A. 21-3110 and includes any person authorized by law to make an arrest on a military reservation and the license administrator for purposes of enforcement of this chapter's provisions on vehicle size, weight and load.
License or license to operate a motor vehicle means any driver's license or any other license or permit to operate a motor vehicle issued under or granted by the laws of this state, including:
(1)
Any temporary license or instruction permit.
(2)
The privilege of any person to drive a motor vehicle, whether or not such person holds a valid license.
(3)
Any nonresident's operating privilege.
State Law reference— Similar provisions, K.S.A. 8-1430.
Light transmission means the ratio of the amount of total light to pass through a product or material, including any safety glazing material to the amount of the total light falling on the product or material and the glazing.
State Law reference— Similar provisions, K.S.A. 8-1749b.
Lightweight roadable vehicle means a multipurpose motor vehicle that is allowed to be driven on public roadways and is required to be registered with, and flown under the direction or, the federal aviation administration.
Line, center, means a continuous or broken line marked upon the surface of a roadway by paint or otherwise to indicate each portion of the roadway allocated to traffic proceeding in opposite directions and, if the line is not so painted or otherwise marked, it is an imaginary line in the roadway equally distant from the edges or curbs of the roadway.
Line, lane, means a continuous or broken longitudinal line marked on the surface of a roadway separating two traffic lanes controlling vehicles moving in the same direction.
Litter means garbage, refuse, rubbish and all other waste material or any combination thereof.
Loading zone means a space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers or materials.
Low speed vehicle means any four-wheeled electric vehicle whose top speed is greater than 20 miles per hour but not greater than 25 miles per hour and is manufactured in compliance with the national highway and traffic safety administration standards for low-speed vehicles in 49 CFR. 571.500.
State Law reference— Similar provisions, K.S.A. 8-1488.
Luminous reflectants means the ratio of the amount of total light that is reflected outward by the product or material to the amount of the total light falling on the product or material.
State Law reference— Similar provisions, K.S.A. 8-1749b.
Mail means to deposit in the United States mail properly addressed and with postage prepaid.
State Law reference— Similar provisions, K.S.A. 8-1433.
Metal tire means every tire the surface of which, in contact with the highway, is wholly or partly of metal or other hard nonresiliant material.
State Law reference— Similar provisions, K.S.A. 8-1435.
Micro utility truck means any motor vehicle which is not less than 48 inches in width, has an overall length, including the bumper, of not more than 144 inches, has an unladen weight, including fuel and fluids, of more than 1,500 pounds, can exceed 40 miles per hour as originally manufactured and is manufactured with a metal cab. The term "micro utility truck" does not include a work-site utility vehicle.
Motor-driven cycle means every motorcycle, including every motor scooter, with a motor that produces not to exceed five brake horsepower and every bicycle with a motor attached, except a motorized bicycle or an electric-assisted bicycle.
State Law reference— Similar provisions, K.S.A. 8-1439.
Motor vehicle means every vehicle, other than a motorized bicycle or a motorized wheelchair, which is self-propelled and every vehicle that is propelled by electric power obtained from overhead trolley wires but not operated upon rails.
State Law reference— Similar provisions, K.S.A. 8-1437.
Motorcycle means every vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor.
State Law reference— Similar provisions, K.S.A. 8-1438.
Motorized bicycle means every device having two tandem wheels or three wheels which may be propelled by either human power or helper motor or by both and which has:
(1)
A motor that produces not more than 3½ brake horsepower:
(2)
A cylinder capacity of not more than 130 cubic centimeters;
(3)
An automatic transmission; and
(4)
The capability of a maximum design speed of no more than 30 miles per hour.
State Law reference— Similar provisions, K.S.A. 8-1439a.
Motorized skateboard means every self-propelled device which has a motor or engine, a deck on which a person may ride and at least two wheels in contact with the ground.
Motorized wheelchair means any self-propelled vehicle designed specifically for use by a physically disabled person that is incapable of a speed in excess of 15 miles per hour.
State Law reference— Similar provisions, K.S.A. 8-1439c.
Muffler means a sound dissipative device for abating the sound of escaping gases of an internal combustion engine.
Nonreflective means a product or material designed to absorb light rather than to reflect it.
State Law reference— Similar provisions, K.S.A. 8-1749b.
Nonresident means every person who is not a resident of this state.
State Law reference— Similar provisions, K.S.A. 8-1440.
Nonresident's operating privilege means the privilege conferred upon a nonresident by the laws of this state pertaining to the operation by such person of a motor vehicle or the use of a vehicle owned by such person in this state.
State Law reference— Similar provisions, K.S.A. 8-1441.
Occurrence means a test refusal, test failure or alcohol or drug-related conviction, or any combination thereof arising from one arrest, including an arrest which occurred prior to the effective date of the ordinance from which this section is derived.
Official traffic-control devices means all signs, signals, markings, and devices, not inconsistent with this chapter, placed or erected by authority of a public body or official having jurisdiction for the purposes of regulating, warning or guiding traffic.
State Law reference— Similar provisions, K.S.A. 8-1442.
Official traffic-control signal means any device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and permitted to proceed.
One-way street means any street upon which all vehicular and bicycle traffic is restricted to movement in one direction only.
Other competent evidence includes:
(1)
Alcohol concentration tests obtained from samples taken three hours or more after the operation or attempted operation of a vehicle; and
(2)
Readings obtained from a partial alcohol concentration test on a breath testing machine.
State Law reference— Similar provisions, K.S.A. 8-1013.
Owner means a person, other than a lienholder, having the property in or title to a vehicle. Such term includes a person entitled to the use and possession of a vehicle subject to a security interest in another person, but excludes a lessee under a lease not intended as security.
State Law reference— Similar provisions, K.S.A. 8-1443.
Park or parking means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading property or passengers.
State Law reference— Similar provisions, K.S.A. 8-1444.
Parking meter means a device for the purpose of measuring the time lapsed since the deposit of a coin in the slot provided and equipped with a mechanism to indicate the legal time a vehicle may remain in the designated place.
Passenger car means every motor vehicle, except motorcycles and motor-driven cycles, designed for carrying ten passengers or fewer.
State Law reference— "Passenger car" defined, K.S.A. 8-1445.
Passenger zone means an area adjacent to a curb reserved for the exclusive use of vehicles during the actual loading or unloading of passengers.
Pedestrian means:
(1)
Any person afoot;
(2)
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; or
(3)
Any person using an electric personal assistive mobility device.
State Law reference— Similar provisions, K.S.A. 8-1446.
Person with a disability means any individual who:
(1)
Has a severe visual impairment;
(2)
Cannot walk 100 feet without stopping to rest;
(3)
Cannot walk without the use of or assistance form a brace, cane, crutch, another person, prosthetic device, wheelchair or other assistive device;
(4)
Is restricted by lung disease to such an extent that the person's forced (respiratory) expiratory volume for one second, when measured by spirometry, is less than one liter or the arterial oxygen tension is less than 60 mm/hg on room air at rest;
(5)
Uses portable oxygen;
(6)
Has a cardiac condition to the extent that the person's functional limitations are classified in severity as class III or class IV according to standards set by the American Heart Association; or
(7)
Is severely limited in such person's ability to walk due to an arthritic, neurological or orthopedic condition.
State Law reference— Similar provisions, K.S.A. 8-1,124.
Pneumatic tire means every tire in which compressed air is designed to support the load.
State Law reference— Similar provisions, K.S.A. 8-1448.
Pole trailer means every vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach or pole or by being boomed or otherwise secured to the towing vehicle and ordinarily used for transporting long or irregular-shaped loads such as poles, pipes or structural members capable generally of sustaining themselves as beams between the supporting connections.
State Law reference— Similar provisions, K.S.A. 8-1449.
Police officer means every law enforcement officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations.
State Law reference— Similar provisions, K.S.A. 8-1450.
Private road or driveway means every way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons.
State Law reference— Similar provisions, K.S.A. 8-1451.
Railroad means a carrier of persons or property upon cars, other than streetcars, operated upon stationary rails.
State Law reference— Similar provisions, K.S.A. 8-1452.
Railroad sign or signal means any sign, signal or device erected by authority of a public body or official or by a railroad and intended to give notice of the presence of railroad tracks or the approach of a railroad train.
State Law reference— Similar provisions, K.S.A. 8-1453.
Railroad train means a steam engine, electric engine, or other motor, with or without cars coupled thereto, operated upon rails.
State Law reference— Similar provisions, K.S.A. 8-1454.
Recreational vehicle means a vehicular-type unit built on or for use on a chassis and designed primarily as living quarters for recreational, camping, vacation, or travel use and which has its own motive power or is mounted on or drawn by another vehicle and which has a body width not exceeding 102 inches and a body length not exceeding 45 feet; such term shall not include a unit which has no electrical system which operates above 12 volts and has no provisions for plumbing, heating and any other component or feature for which a standard is adopted by the Uniform Standards Code for Mobile Homes and Recreational Vehicles, K.S.A. 75-1211—75-1225.
State Law reference— Similar provisions, K.S.A. 79-5118.
Registered gross weight means that weight for which a vehicle should be registered in the jurisdiction in which it is registered.
Registration means the registration certificate or certificates and registration plates issued under the laws of this state pertaining to the registration of vehicles.
State Law reference— Similar provisions, K.S.A. 8-1455.
Residential district means any area where the property is zoned for residential occupancy, including single-family, two-family, multifamily dwellings and territory contiguous thereto for 300 feet in any direction.
State Law reference— "Residence district" defined, K.S.A. 8-1456.
Revocation of driver's license means the termination by formal action of the division of a person's license or privilege to operate a motor vehicle on the public highways; such termination shall not be subject to renewal or restoration except that an application for a new license may be presented and acted upon by the division after the expiration of the applicable period of time prescribed by state law.
State Law reference— Similar provisions, K.S.A. 8-1457.
Right-of-way means the right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under such circumstances of direction, speed and proximity as to give rise to danger of collision unless one grants precedence to the other.
State Law reference— Similar provisions, K.S.A. 8-1458.
Road construction zone means the portions of a highway that are identified by posted or moving signs as being a construction or maintenance work area. The zone starts at the first sign identifying the zone and continues until a posted or moving sign indicates that the road construction zone has ended.
State Law reference— Similar provisions, K.S.A. 8-1458a.
Roadway means that portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder. In the event a highway includes two or more separate roadways, the term "roadway" as used herein, shall refer to any such roadway separately but not to all such roadways collectively.
State Law reference— Similar provisions, K.S.A. 8-1459.
Safety hitch means a chain, cable, or other material of sufficient weight which will prevent the towed vehicle from breaking loose in the event the towbar fails or becomes disconnected.
State Law reference— Similar provisions, K.S.A. 8-1459a.
Safety zone means the area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone.
State Law reference— Similar provisions, K.S.A. 8-1460.
Samples includes breath supplied directly for testing which is not preserved.
State Law reference— Similar provisions, K.S.A. 8-1013.
School bus means every motor vehicle defined and designated as a school bus in K.S.A. 72-8301.
State Law reference— Similar provisions, K.S.A. 8-1461.
School crossing guard means any person 18 years of age and older or any person under 18 years of age who is being directly supervised by a person at least 18 years of age, acting with or without compensation and who is authorized by a school district or by the unified government to supervise, direct, monitor, or otherwise assist school children at a street or intersection in the vicinity of a school crosswalk or bus stop.
Secretary means the secretary of transportation for the state.
State Law reference— Similar provisions, K.S.A. 8-1409.
Semitrailer means every vehicle, with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle.
State Law reference— Similar provisions, K.S.A. 8-1464.
Shared electric-assisted bicycles shall mean a dockless network of electric-assisted bicycles, as defined in this section, placed in the public right-of-way and for rent in short term increments, that provides increased mobility options over short distances, and located within the corporate limits of Kansas City, Kansas.
Shared electric-assisted scooters shall mean a dockless network or system of electric-assisted scooters, as defined in this section, placed in the public right-of-way and for rent in short term increments, that provides increased mobility options over short distances, and located within the corporate limits of Kansas City, Kansas.
Shared small vehicle program shall mean a dockless network of shared electric-assisted scooters and/or shared electric assisted bicycles, placed in the public right-of-way and available for rent in short term increments, that provides increased mobility options over short distances, and located within the corporate limits of Kansas City, Kansas.
Sidewalk means that portion of a street between the curblines or the lateral lines of a roadway and the adjacent property lines intended for the use of pedestrians.
State Law reference— Similar provisions, K.S.A. 8-1465.
Solid rubber tire means every tire of rubber or other resilient material that does not depend upon compressed air for the support of the load.
State Law reference— Similar provisions, K.S.A. 8-1466.
Special mobile equipment means every vehicle not designed or used primarily for the transportation of persons or property and only incidentally operated or moved over a highway, including, but not limited to, ditch-digging apparatus, well-boring apparatus and road construction and maintenance machinery such as asphalt spreaders, bituminous mixers, bucket loaders, tractors other than truck tractors, ditchers, leveling graders, finishing machines, motor graders, road rollers, scarifiers, earth-moving carryalls and scrapers, power shovels and draglines, and self-propelled cranes and earthmoving equipment. The term does not include house trailers, dump trucks, truck-mounted transit mixers, cranes or shovels, or other vehicles designed for the transportation of persons or property to which machinery has been attached.
State Law reference— Similar provisions, K.S.A. 8-1467.
Special vehicle combination means a truck-tractor, semitrailer-trailer and trailer combination of vehicles. A trailer may consist of a converter dolly and a semitrailer. It may also be referred to as an "SVC."
Specially constructed vehicle means every vehicle of a type required to be registered in this state not originally constructed under a distinctive name, make, model or type by a generally recognized manufacturer of vehicles and not materially altered from its original construction.
State Law reference— Similar provisions, K.S.A. 8-1468.
Stand or standing means the halting of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in receiving or discharging passengers.
State Law reference— Similar provisions, K.S.A. 8-1469.
Stop, when required, means complete cessation of movement.
State Law reference— Similar provisions, K.S.A. 8-1471.
Stop or stopping, when prohibited, means any halting even momentarily of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic-control sign or signal.
State Law reference— Similar provisions, K.S.A. 8-1472.
Street or highway means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel. Where the word "highway" or the word "street" are used in this chapter, they shall mean street, avenue, boulevard, thoroughfare, trafficway, alley and other public ways for vehicular travel by whatever name, unless the context clearly indicates otherwise.
State Law reference— Similar provisions, K.S.A. 8-1473.
Sun screening device means a film material or device that is designed to be used in conjunction with motor vehicle safety glazing material for reducing the effects of the sun.
State Law reference— Similar provisions, K.S.A. 8-1749b.
Suspension of a driver's license means the temporary withdrawal by formal action of the division of a person's license or privilege to operate a motor vehicle on the highways, such temporary withdrawal being for a period specifically designated by the division.
State Law reference— Similar provisions, K.S.A. 8-1474.
Taxicab stand means that portion of a public street approved for the standing of taxicabs, and so marked.
Test failure or fails a test refers to a person having results of a test administered pursuant to this chapter, other than a preliminary screening test, which show an alcohol concentration of 0.08 or greater in the person's blood or breath.
State Law reference— Similar provisions, K.S.A. 8-1013.
Test refusal or refuses a test refers to a person's failure to submit to or complete any test, other than a preliminary screening test, in accordance with this chapter.
State Law reference— Similar provisions, K.S.A. 8-1013.
Through highway means every highway or portion thereof on which traffic is given preferential right-of-way, and at the entrances to which vehicular traffic from intersecting highways is required by law to yield the right-of-way to vehicles on such highway in obedience to either a stop sign, yield sign or other traffic-control device, when such signs or devices are erected as provided in this chapter.
State Law reference— Similar provisions, K.S.A. 8-1475.
Towbar means a rigid piece of material which is structurally adequate to hold any weight vehicle towed and which is properly and securely mounted to the towed vehicle without excessive slack but with sufficient play to allow for universal action of the connection and which is equipped with a suitable locking device to prevent accidental separation of the towing vehicle and the towed vehicle.
State Law reference— Similar provisions, K.S.A. 8-1475a.
Traffic means pedestrians, ridden or herded animals, vehicles and other conveyances, whether singly or together, while using any highway for purposes of travel.
State Law reference— Similar provisions, K.S.A. 8-1477.
Traffic-control signal means any device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and permitted to proceed.
State Law reference— Similar provisions, K.S.A. 8-1478.
Traffic-control signal preemption device means any device instrument or mechanism designed, intended, or used to interfere with the operation or cycle of a traffic-control signal.
State Law reference— Similar provisions, K.S.A. 21-4223.
Traffic infraction means a violation of any section of this chapter that prohibits or requires the same behavior as that prohibited or required by a statutory provision that is classified as a traffic infraction in K.S.A. 8-2118(c).
State Law reference— Similar provisions, K.S.A. 21-3105.
Trailer means every vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle.
State Law reference— Similar provisions, K.S.A. 8-1479.
Travel trailer means every vehicle without motive power designed to be towed by a motor vehicle constructed primarily for recreational purposes.
State Law reference— Similar provisions, K.S.A. 8-1490.
Truck means every motor vehicle designed, used, or maintained primarily for the transportation of property.
State Law reference— Similar provisions, K.S.A. 8-1481.
Truck-camper means any structure designed, used or maintained primarily to be loaded on or affixed to a motor vehicle to provide a mobile dwelling, sleeping place, office or commercial space.
State Law reference— Similar provisions, K.S.A. 8-1482.
Truck tractor means every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load, other than a part of the weight of the vehicle so drawn.
State Law reference— Similar provisions, K.S.A. 8-1483.
Urban district means the territory contiguous to and including any street which is built up with structures devoted to business, industry or dwelling houses, situated at intervals of less than 100 feet for a distance of a quarter of a mile or more.
State Law reference— Similar provisions, K.S.A. 8-1484.
Vehicle means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except electric personal assistive mobility devices or devices moved by human power or used exclusively upon stationary rails or tracks.
State Law reference— Similar provisions, K.S.A. 8-1485.
Wide-base single tires means all tires having a section width, as specified by the manufacturer, of 14 inches or more.
State Law reference— Similar provisions, K.S.A. 8-1742b.
Wireless communication device means any wireless electronic communication device that provides for voice or data communication between two or more parties, including but not limited to, a mobile or cellular telephone, a text messaging device, a personal digital assistant that sends or receives messages, an audio-video player that sends or receives messages or a laptop computer. Wireless communication device does not include a device which is voice-operated and which allows the user to send or receive a text based communication without the use of either hand, except to activate or deactivate a feature or function.
Work-site utility vehicle means any motor vehicle which is not less than 48 inches in width, has an overall length, including the bumper, or not more than 135 inches, has an unladen weight, including fuel and fluids, of more than 800 pounds and is equipped with four or more low pressure tires, a steering wheel and bench or bucket-type seating allowing at least two people to sit side by side, and may be equipped with a bed or cargo box for hauling materials. The term "work-site utility vehicle" does not include a micro utility truck.
Write, send or read a written communication means using a wireless communication device to manually type, send or read a written communication, including, but not limited to a text message, instant message or electronic mail.
(Code 1964, § 36-1; Code 1988, § 35-1; Ord. No. 53410, § 1, 1-7-1975; Ord. No. 55191, § 1, 8-3-1976; Ord. No. 58345, § 1, 7-27-1978; Ord. No. 61738, § 1, 7-31-1980; Ord. No. 63953, § 1, 7-1-1982; Ord. No. 64705, § 1, 9-20-1984; Ord. No. 64834, § 1, 7-1-1985; Ord. No. 65069, §§ 1, 2, 10-16-1986; Ord. No. 65198, § 1, 9-3-1987; Ord. No. 65342, § 1, 8-18-1988; Ord. No. 65343, § 1, 8-18-1988; Ord. No. 65479, §§ 1, 2, 11-16-1989; Ord. No. 65589, § 1, 12-20-1990; Ord. No. 65822, §§ 1-3, 7-8-1993; Ord. No. 66164, §§ 1, 2, 10-17-1996; Ord. No. O-44-02, § 2, 6-6-2002; Ord. No. O-19-04, § 1, 3-4-2004; Ord. No. O-2-05, §§ 1, 2, 1-6-2005; Ord. No. O-103-06, § 1, 10-5-2006; Ord. No. O-8-08, §§ 1, 2, 1-31-2008; Ord. No. O-60-08, § 1, 9-4-2008; Ord. No. O-85-09, § 1, 11-5-2009; Ord. No. O-52-10, § 1, 9-16-2010; Ord. No. O-51-12, § 1, 9-6-2012; Ord. No. O-49-15 , § 1, 8-13-2015; Ord. No. O-3-19 , § 1, 2-14-2019)
Cross reference
Definitions generally, § 1-2.