The Federal Motor Carrier Safety Regulations, C.F.R. Title 49, parts 40, 235, 350 & 355-399, Management Edition, revised through April 1, 2008, prepared and published in book form by LableMaster, 5724 N. Pulaski Rd., Chicago, IL 60646, is hereby incorporated by reference and made part of this chapter save and except such articles, sections, parts or portions as are hereafter omitted, deleted, modified or changed.

(Ord. No. 2008-2970, § 1, 10-15-2008)

There shall not be less than three copies of the standard code adopted by reference in section 19-150 kept on file in the office of the city clerk, to which shall be attached a copy of the incorporating ordinance, shall be marked or stamped, “Official Copies as Incorporated by Ordinance No. 2008-2970,” with all sections or portions thereof intended to be omitted clearly marked to show any such deletion or change, and filed with the city clerk and 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 incorporating ordinance shall be supplied, at the cost of the city, official copies of such standard code.

(Ord. No. 2008-2970, § 1, 10-15-2008)

Section 396.9 of the Federal Motor Carrier Safety Regulations entitled “Inspection of Motor Vehicles” is amended and changed to read as follows:

(a)   Personnel authorized to perform inspections. Inspections of motor carriers’ vehicles in operation shall be conducted by Commercial Vehicle Safety Alliance (CVSA) certified officers. These certified officers are authorized to enter upon and perform inspections of motor carriers’ vehicles in operation.

(b)   Prescribed inspection report. A driver/vehicle examination report shall be used to record results of motor vehicle inspections conducted by authorized personnel.

(Ord. No. 2008-2970, § 1, 10-15-2008)

Any rules and regulations adopted pursuant to this article shall not apply to the following:

(1)   The owner of livestock or producer of farm products transporting livestock of such owner or farm products of such producer to market in a motor vehicle of such owner or producer, or the motor vehicle of a neighbor on the basis of barter or exchange for service or employment, or to such owner or producer transporting supplies for the use of such owner or producer, or in the motor vehicle of a neighbor on the basis of barter or exchange for service or employment.

(2)   The transportation of children to and from school, or to motor vehicles owned by schools, colleges, and universities, senior citizens centers, nursing homes, religious or charitable organizations and institutions, or governmental agencies when used to convey students, members, residents, patients, inmates, employees, athletic teams, orchestras, bands or other similar persons or groups.

(3)   Except vehicles transporting hazardous materials which require placards, motor vehicles carrying only tools, property or material belonging to the owner of the vehicle, and which are operating within 25 miles of the residence or place of business of the owner of the vehicle.

(4)   Persons operating motor vehicles which have an ad valorem tax situs in and are registered in the State of Kansas, and used only to transport grain from the producer to an elevator or other place for storage or sale for a distance of not to exceed 50 miles.

(5)   The operation of hearses, funeral coaches, funeral cars or ambulances by motor carriers.

(6)   Motor vehicles owned and operated by the United States, the District of Columbia, any state, any municipality or any other political subdivisions of this state.

(7)   Any motor vehicle with a normal seating capacity of not more than the driver and 15 passengers while used for vanpooling or otherwise not for profit in transporting persons who, as a joint undertaking, bear or agree to bear all the costs of such operations, or motor vehicles with a normal seating capacity not more than the driver and 15 passengers for not-for-profit transportation by one or more employers of employees to and from the factories, plants, offices, institutions, construction sites or other places of like nature where such persons are employed or accustomed to work.

(8)   Motor vehicles used to transport water for domestic purposes or livestock consumption.

(9)   The operation of vehicles used for servicing, repairing or transporting of implements of husbandry, as defined in K.S.A. 8-1427, and amendments thereto, by a person actively engaged in the business of buying, selling or exchanging implements of husbandry, if such operation is within 100 miles of such person’s established place of business in this state.

(Ord. No. 2008-2970, § 1, 10-15-2008)

(a)   It is unlawful for any person to violate any of the provisions of this article.

(b)   The judge in the municipal court shall in the manner prescribed by K.S.A. 12-4305 and amendments thereto establish scheduled fines for violation of any section of this ordinance. Such fines shall be imposed upon a voluntary entry of appearance and upon a plea of guilty or no contest to a complaint alleging such violation and payment of the fine and any court costs.

(c)   Any person convicted of a violation of any of the provisions of this ordinance shall be punished, subject to limitations otherwise provided in this adopting ordinance, by a fine not to exceed $500.00 or imprisonment in jail for not more than six months, or be both so fined and imprisoned. Each day during or upon which a violation occurs or continues shall constitute a separate offense and shall be punishable as such hereunder.

(Ord. No. 2008-2970, § 1, 10-15-2008)

If any provision of this article is declared unconstitutional, or the application thereof to any person or circumstance is held invalid, the constitutionality of the remainder of the Code and the applicability thereof to other persons and circumstances shall not be affected thereby.

(Ord. No. 2008-2970, § 1, 10-15-2008)