ORDINANCE NO. 250880
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Sponsor: Councilmember Crispin Rea
Amending Chapter 70, Code of Ordinances, by repealing Section 70-308 and enacting in lieu thereof a new section of like number and subject matter for the purposes of clarifying the unlawful use of certain vehicles.
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WHEREAS, the City Council seeks to clarify the unlawful use of certain vehicles; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section 1. That Chapter 70, Code of Ordinances of the City of Kansas City, is hereby amended by repealing Section 70-308, Raising wheels while operating a motor vehicle, and enacting in lieu thereof a new section of like number and subject matter, to read as follows:
Sec. 70-308. Raising wheels while operating certain vehicles.
(a) It shall be unlawful for any person to operate any all-terrain vehicle, off-road vehicle, or motorcycle with less than all wheels of the all-terrain vehicle, off-road vehicle, or motorcycle in constant contact with the ground in willful disregard for the safety of persons or property on any public street, highway, alley, parking lot, or driveway, or on any other premises that are generally frequented by the public at large. Notwithstanding the foregoing, this section shall not be applicable to persons riding in a parade, at a speed not to exceed thirty miles per hour, if the person is eighteen years of age or older.
(b) Penalty. Any person found guilty of violating this section shall be punished by imprisonment not to exceed 180 days or by a fine of not less than $250.00 nor more than $1,000.00, or by both such imprisonment and fine.
(c) Penalty for subsequent violations. Subsequent violations under this subsection, upon conviction, shall be punished by either a term of shock imprisonment for a period of forty-eight hours or by a term of community service as determined by the municipal judge in proportion to the severity of the violation committed. Violations shall also be punished by a fine of not less than $750.00 and not more than $1000.00, or by imprisonment for a period not to exceed six months, or by punished by both fine and imprisonment.
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Approved as to form:
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Andrew Bonkowski
Assistant City Attorney