There is hereby incorporated by reference for purpose of regulating traffic within the corporate limits of the City of Marion, Kansas, that certain standard traffic ordinance known as the "Standard Traffic Ordinance for Kansas Cities," 2023 Edition, prepared and published in book form by the League of Kansas Municipalities, Topeka, Kansas. One copy of said Standard Traffic Ordinance shall be marked and stamped "Official Copy as Adopted by the Code of the City of Marion", and to which shall be attached a copy of this section, 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.

(Ord. 1358; Code 2014; Ord. 1399; Ord. 1409; Ord. 1421; Ord. 1436; Ord. 1450; Ord. 1464; Ord. 1479; Ord. 1492; Ord. 1505)

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

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

(Ord. 1358; Code 2014)

The fine for violation of an ordinance traffic infraction or any other traffic offense for which the municipal judge establishes a fine in a fine schedule shall not be less than $10 nor more than $500 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 for which a fine has been established in a schedule of fines shall pay a fine fixed by the court not to exceed $500.

(Ord. 1358; Code 2014)

Section 182.1 of the Standard Traffic Ordinance is amended to read as follows:

Sec. 182.1 Seat Belts.

(a)   Except as provided in subsection (b):

(1)   Each occupant of either a passenger car manufactured with safety belts in compliance with federal motor vehicle safety standard no. 208 or an autocycle, who is 18 years of age or older, shall have a safety belt properly fastened about such person’s body at all times when the passenger car is in motion; and

(2)   Each occupant of either a passenger car manufactured with safety belts in compliance with federal motor vehicle safety standard no. 208 or an autocycle, who is at least 14 years of age but less than 18 years of age, shall have a safety belt properly fastened about such person’s body at all times when the passenger car is in motion.

(b)   This section does not apply to:

(1)   An occupant of a passenger car who possesses a written statement from a licensed physician that such person is unable for medical reasons to wear a safety belt system;

(2)   Carriers of United States mail while actually engaged in delivery and collection of mail along their specified routs; or

(3)   Newspaper delivery persons while actually engaged in delivery of newspapers along their specified routes.

(c)   Law enforcement officers shall not stop drivers for violations of subsection (a)(1) by a back seat occupant in the absence of another violation of law. A citation for violation of subsection (a)(1) by a back seat occupant shall not be issued without citing the violation that initially caused the officer to effect the enforcement stop.

(d)  

(1)   Persons violating subsection (a)(1) shall be fined $30 and no court costs; and

(2)   Persons violating subsection (a)(2) shall be fined $60 and no court costs.

(e)   As used in this section, passenger car means a motor vehicle, manufactured or assembled after January 1, 1968, or a motor vehicle manufactured or assembled prior to 1968 which was manufactured or assembled with safety belts, with motive power designed for carrying 10 passengers or fewer, including vans, but does not include a motorcycle or a motor-driven cycle. (K.S.A. Supp. 8-2502-8-2504).

(Ord. 1418)

Sections 114.1, 114.2, 114.4 and 114.5 of the standard traffic ordinances are hereby deleted.

(Ord. 1464; Ord. 1479; Ord. 1492)