Ellsworth Ordinance Amendent for Golf Carts

(First Published in the Ellsworth County Independent/
Reporter, March 25, 2021)

ORDINANCE NO. 3111

AN ORDINANCE AMENDING AND RESTATING CITY CODE 10.26.020 RELATING TO OPERATION
OF WORK-SITE UTILITY VEHICLES (WUV)
AND MICRO UTILITY TRUCKS (MUT), AND GOLF CARS, AND PROHIBITION OF ALL-TERRAIN
VEHCILES (ATV), AND REPEALING CITY
 ORDINANCE 3084.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ELLSWORTH:
Section 1. Definitions. The words and phrases “All-Terrain Vehicle”, “Work-Site Utility Vehicle”, and “Owner” shall have the meaning prescribed to such word and phrase in Article 1 of the “Standard Traffic Ordinance for Kansas Cities” as prepared and published in book form by the League of Kansas Municipalities, Topeka, Kansas, as adopted by the governing body.
Section 2. Operation of Work-Site Utility Vehicles (WUV) and Micro Utility Trucks (MUT), and Golf Carts, and Prohibition of All-Terrain Vehicles (ATV).
    A. Subject to compliance with all other ordinances of the City of Ellsworth concerning WUV, MUT and Golf Cart operations, a WUV, MUT and Golf Cart may be operated upon the public highway, streets, roads, and alleys within the corporate limits of the city, but only after being properly registered as provided herein below and only if such owner or operator of the WUV, MUT or Golf Cart has provided motor vehicle liability insurance coverage on such vehicle as required for a motor vehicle in accordance with the Kansas Automobile Injury Reparation Act, K.S.A. 40-3101 et seq. For purposes of this article, neither a WUV, a MUT nor a Golf Cart shall be exempt from the Kansas Automobile Injury Reparation Act.
    B. No WUV, MUT or Golf Cart shall be operated on any federal, state, or public highway including K-156 and K-14, Douglas Avenue and 15th Street. Crossing of a federal, state or public highway is allowed as long as the posted speed limit on the highway is thirty-five (35) mph or less.
    C. All MUTs, WUVs, and Golf Carts must have a ‘slow moving vehicle” emblem affixed to the back of the vehicle and a red flag not less than twelve (12) inches square attached to the back of the vehicle.
    D. ATVs, pocket bikes and motorized scooters are prohibited on any public highway, street, road, or alley in the City of Ellsworth.
    E. Operation of Golf Carts. Subject to compliance with all other ordinances of the City concerning golf cart operations, a Golf Cart may be operated only between sunrise and sunset upon the public highways, streets, roads, and alley within the corporate limits of the city. A Golf Cart may be operated at any time by law enforcement for law enforcement purposes or when used in a parade authorized by the City Governing Body.
Section 4. Registration of Work-Site Utility Vehicles, Micro Utility Trucks and Golf Carts. Except for use in a parade authorized by the Governing Body of the City of Ellsworth, every owner of a WUV, MUT, and Golf Cart intended to be operated on a street or highway in the City of Ellsworth, Kansas, whether such owner is a resident of the City of Ellsworth or not, shall before such WUV, MUT, or Golf Cart is operated on such street or highway, register such vehicle through the office of the City of Ellsworth on such forms as furnished by the City of Ellsworth. The application shall contain the name of the owner, the owner’s residential address, a brief description of the vehicle to be registered, insurance information on the vehicle, proof that such WUV, MUT and/or golf cart has been filed with the Ellsworth County Appraiser’s Office, and such other information as may be required by the City. The application shall be signed by the owner, owner’s spouse or owner’s parent. To every owner whose vehicle is registered, the City shall furnish a registration sticker, which shall be displayed prominently on the “slow moving vehicle” emblem on the rear of the vehicle before operation in the City. An annual registration fee shall be paid in accordance with the City of Ellsworth Fee Schedule in effect at the time of the registration. The full amount of the registration fee shall be required regardless of the time of the year the application is submitted. Upon the transfer of ownership of any WUV, MUT, or Golf Cart registered under this ordinance, the registration for the vehicle and the right to use the registration sticker thereon shall expire and the registration sticker shall be removed from the vehicle. Vehicles shall be required to be re-registered within 30 days of the ownership transfer. The registration for the WUV, MUT, or Golf Cart expires January 31 of the following year.
Section 5. Standard Traffic Ordinance. A person operating a WUV, MUT, or Golf Cart on any public highway, street, road or alley within the corporate limits of the City shall be required to follow all rules and regulations as set forth in the “Standard Traffic Ordinance for Kansas Cities” as prepared and published in book form by the League of Kansas Municipalities, Topeka, Kansas, as adopted by the governing body.
Section 6. Penalty. A violation of this Ordinance shall be an infraction. Upon entry of plea of guilty or no contest or upon being convicted of such violation, the penalty imposed shall be a $50.00 fine.
Section 7. Effective Date. This Ordinance shall take effect and be in full force from and after its publication in the official state newspaper.
PASSED AND APPROVED this 22nd day of March  2021.

Mark Kennedy
Mayor

ATTEST:

Brittany Rohr,
City Clerk

SEAL

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