(a)   INCORPORATING STANDARD TRAFFIC ORDINANCE. There is hereby incorporated by reference for the purpose of regulating traffic within the corporate limits of the City of Wakefield, Kansas, that certain standard traffic ordinance known as the Standard Traffic Ordinance for Kansas Cities, 50th Edition 2023, prepared and published in book form by the League of Kansas Municipalities, Topeka, Kansas.  One official copy of said Standard Traffic Ordinance shall be marked or stamped “Official Copy as Adopted by Ordinance No. 1350,” and to which shall be attached a copy of said ordinance and filed with the city clerk to be open to inspection and available to the public at all reasonable hours.  The police department, municipal judge, and all administrative departments of the city charged with enforcement of the ordinance shall be supplied, at the cost of the city, such number of official copies of such Standard Traffic Ordinance similarly marked, as may be deemed expedient.

(b)   OMISSION. The following section of the Standard Traffic Ordinance for Kansas Cities relating to the following matter, is hereby omitted and deleted:

Section 114.4        Unlawful Operation of a Golf Cart

Section 114.5        Unlawful Operation of a Work-Site Utility Vehicle

Section 195.1        Operation of a Motor Vehicle When a Habitual Violator

(c)   AMENDMENT. That Section 194 of the Standard Traffic Ordinance for Kansas Cities shall be amended to read as follows:

Sec. 194. Driving While License Canceled, Suspended or Revoked; Penalty.

(a)  (1)   Any person who drives a motor vehicle on any highway of this state at a time when such person's privilege so to do is canceled, suspended or revoked or while such person's privilege to obtain a driver's license is suspended or revoked, shall upon first conviction be punished by imprisonment for not more than six months or fined not to exceed $1,000, or both such fine and imprisonment. On a second or subsequent conviction of a violation of this section such person shall be punished by imprisonment of not more than one year or fined not to exceed $2,500, or both such fine and imprisonment. The court may place the person convicted under a house arrest program or any municipal ordinance to serve the remainder of the minimum sentence only after such person has served 48 consecutive hours’ imprisonment.

(2)   No person shall be convicted under this section if such person was entitled at the time of arrest under K.S.A. 8-257, and amendments thereto, to the return of such person's driver's license.

(3)   Every person convicted under this section shall be sentenced to at least five days' imprisonment and fined at least $100 and upon a second conviction shall not be eligible for parole until completion of five days' imprisonment.

(b)   For the purposes of determining whether a conviction is a first, second, or subsequent conviction in sentencing under this section, “conviction” includes a conviction of a violation of any ordinance of any city or resolution of any county or a law of another state which is in substantial conformity with this section.

(Ord. 1307; Ord. 1314; Ord. 1320; Ord. 1324; Ord. 1327; Ord. 1333; Ord. 1339; Ord. 1342; Ord. 1350)

(a)   An ordinance traffic infraction is a violation of any section of this ordinance that prescribes or requires the same behavior as that prescribed or required by a statutory provision that is classified as a traffic infraction by K.S.A. 8-2118.

(b)   All traffic violations which are included within this ordinance, and are not ordinance traffic infractions, as defined in subsection (a) of this section, shall be considered traffic offenses.

(K.S.A. 12-3009:3012; Ord. 1167; Ord. 1291; Ord. 1300; Code 2015; Ord. 1314; Ord. 1320; Ord. 1324; Ord. 1327; Ord. 1333; Ord. 1342; Ord. 1350)

The fine for violation of an ordinance traffic infraction offense in which the municipal judge establishes a fine in a fine schedule shall be $50 for first offense; $100 for 2nd offense; and for third or subsequent offense of same person, fine will be no less than $200 nor more than $350, except for speeding which shall not be less than $10, nor more than $500. A person tried and convicted for violation of an ordinance traffic infraction or other traffic offense in which a fine has not been established in a schedule of fines shall pay a fine fixed by the court not to exceed $500.

(Ord. 1350)