(a) Angle Parking: Main Street
(1) In parking vehicles upon Main Street between Montgomery and Liberty Streets in the City, the vehicles shall be parked upon the right hand side of the street at an angle of approximately 45° (45 degrees) to the curb line of the street and entirely within such parking stalls or parkings as may be painted upon the surface of the street by order of the governing body of this City.
(2) In parking vehicles upon Main Street between Labette and Depot Streets in the City, vehicles shall enter such parking stalls or markings as may be painted upon the surface of the street only from the driving lane located upon the same side of the street upon which said parking stall or markings are located and no vehicle shall enter such parking stalls or markings from the driving lane located on the side of the street opposite from the location of said parking stalls or marked areas as may be designated for parking.
(b) Parallel Parking: All vehicles parked on Neosho or Labette Streets, within the business district of the City, or parked upon any portion of Liberty Street in the City, shall be parked near the curb on the right hand side, parallel with the direction of such street; where parking stalls or markings have been painted upon the pavement or curb of the streets by order of the governing body of the City. All vehicles parked thereon shall be parked entirely within the limits of such states or spaces.
(c) Parking: Private Driveways: It shall be unlawful for, any person or persons to park any automobile or other vehicle in, opposite or near to any private driveway within the City in such manner as to obstruct or impede the entrance to or exit from such driveway by other vehicles lawfully using the driveway.
(d) No Parking Zones:
(1) It shall be unlawful for any person to park any motor vehicles or trailer upon the South side of the following streets:
(A) 6th Street from Labette St. to Olive St;
(B) 4th Street from Liberty St. to Olive St; and
(C) 3rd Street from Wilson St. to Olive St.
(2) It shall be unlawful for any person to park any motor vehicle or trailer upon the North side of the following streets:
(A) 1st Street from Liberty St. to Neosho St;
(B) 2nd Street from Liberty St. to Neosho St;
(C) E 2nd St. from Wilson St to Summit St; and
(D) Independence St. from Neosho St. to School St.
(3) It shall be unlawful for any person to park any motor vehicle or trailer upon either side of the following Streets:
(A) E. Walnut Street from 6th Street to 8th Street;
(B) Neosho Street from 4th Street to 6th Street;
(C) Carson Street from 1st Street to 9th Street;
(D) Catherine St. from Main St. South to 4th St; and
(E) Galveston Street from 6th St. to 9th St.
(F) West Third Street between Maple and School Streets.
(4) It shall be unlawful for any person to park any motor vehicle or trailer upon the East side of the following streets:
(A) Carson Streets;
Appropriate signs or markings shall be placed indicating the no parking zones as herein set out.
(Code 2001, 8-204; Code 2014l Ord. 17-4687; Ord. 17-4688)
(a) It shall be unlawful for any person to operate a motor vehicle upon the highways, streets or alleys within the city when such vehicle is equipped with any device or mechanism to detect or interfere with the emission of radio microwaves in the electromagnetic spectrum, which microwaves are employed by police to measure the speed of motor vehicles upon the highways, streets, or alleys within the city for law enforcement purposes. It shall be unlawful to use any such device or mechanism upon any such motor vehicle upon the highways, streets, or alleys within the city. It shall be unlawful to sell any such device or mechanism within the city. The provisions of this section shall not apply to any receiver of radio waves utilized for lawful purposes to receive any signal from a frequency lawfully licensed by any state or federal agency.
(b) Any such prohibited device or mechanism found as a result of an arrest made under the provisions of this section shall be seized and when the same is no longer needed as evidence shall be disposed of as provided in K.S.A. 22-2512 as amended.
(c) The presence of any such prohibited device or mechanism in or upon a motor vehicle upon the highways, streets, or alleys within the city shall constitute prima facie evidence of the violation of this section.
(d) This section shall not apply to motor vehicles owned by the state or any political subdivision thereof and which are used by the police of any such government nor to law enforcement officers in their official duties, nor to the sale of any such device or mechanism to law enforcement agencies for use in their official duties.
(Code 2001, 8-205; Code 2014)
(a) DEFINITIONS. The following terms, phrases, and words used in the ordinance shall have the following meaning:
(1) TRUCK is any vehicle designed or operated for transportation of property having a body weight or combined body and load weight in excess of 4,000 pounds (2 Tons).
(2) RESIDENTIAL AREA is any area zoned R-1 Single and Two Family residential district or R-2 Multiple Family and Mobile home residential.
(3) BUSINESS AREA is any area zoned B-1 Central Business District or B-2 Highway Business District.
(4) INDUSTRIAL AREA is any area zoned I-1 LIGHT Industrial District or, I-2 Heavy Industrial District.
(5) TRUCK ROUTE is a way over certain streets, as designated herein, over and along which trucks coming into and going out of the City must operate.
(6) DEVIATING TRUCK is a truck which leaves and departs from a truck, route while traveling inside the City.
(b) PARKING. No truck shall park anywhere in the City except in the following areas:
(1) An Industrial area, or
(2) At a location where necessary for the immediate conduct of business, or
(3) On private property when necessary for repairs, or
(4) On private property or on the truck route when necessary for the driver to obtain food or lodging. When the stop is outside an industrial area, and is for any of the purposes stated in subsection (b)(2), (3), or (4), then the stop shall be only for so long as is reasonably, necessary to complete that purpose or activity.
(5) On private property, when accessible from city streets and housed in a fully enclosed building.
(c) TRUCK ROUTE. Liberty and Main streets, Sixth Street between Liberty Street and Galveston Street, and Galveston Street between Sixth Street and Main Street, are designated as truck routes over which trucks coming into and going out of the City must operate. All trucks entering the City for a destination point inside the City shall proceed only over an established truck route and shall deviate only at the intersection with the street, upon which such traffic is permitted, nearest to the destination point, a deviating truck shall return to the truck route by the shortest permissible route. All trucks on a trip originating in the City, and traveling from the City for a destination point inside or outside the City, shall proceed by the shortest direction over streets on which such traffic is permitted and make use of the nearest truck route.
(d) ENFORCEMENT.
(1) Any person, firm, partnership, association, corporation or organization of any kind which violates this section shall, upon conviction, be guilty of a Class C Misdemeanor.
(2) Provided, no person or entity shall be convicted of violating this section unless appropriate signs are posted indicating where truck travel is prohibited, or the person or entity has received a prior verbal or written waning by a law enforcement officer explaining the provisions of the ordinance.
(3) Provided further, every 24 hour period in which a truck is parked in violation of (b) shall be deemed a separate offense, and the responsible person or entity shall be liable for a separate citation under this section.
(e) EXCEPTIONS. This section shall not prohibit the operation of emergency vehicles upon any street in the City. Nor shall it prohibit operation of any City, County, State or Federal vehicle, or any vehicle used pursuant to a contract with the City upon any street in the City.
(Code 2001, 8-207; Code 2014)
(a) Every person operating a bicycle upon a roadway shall ride as near to the right side of the roadway as is practicable, exercising due care when passing a standing vehicle or, one proceeding, in the same direction.
(b) Persons riding bicycles upon a roadway shall not ride more than two (2) abreast, except on paths or parts of roadways set aside for exclusive use of bicycles.
(c) Whenever a usable path for bicycles has been provided adjacent to a roadway, bicycle riders shall use such path and shall not use the roadway.
(d) Bicycle riding shall be prohibited on sidewalks adjacent to the following streets. Nothing herein shall be construed to prohibit an individual from walking his or her bicycle on sidewalks adjacent to the following streets or from riding on the streets themselves. Sidewalks upon, which bicycle riding is prohibited:
(1) South side of Main from Wilson Street to Liberty Street;
(2) North side of Main from Galveston Street to Liberty Street;
(3) Neosho Street from Third Street to Fourth Street; and
(4) Labette Street from Third Street to Fourth Street.
(e) Appropriate signs shall be properly placed within the restricted area, indicating the restrictions on bicycle riding as set out herein.
(Code 2001, 8-208; Code 2014)
(a) Definitions:
(1) “City property” shall mean any property owned by the City of Cherryvale.
(2) “Scooter” shall include but not be limited to, any two wheeled vehicle with a platform upon which the operator stands or sits, with handles for the operator and that is propelled by an electrical or gasoline powered motor.
(b) No person shall use, operate, or ride any motorized scooter on the sidewalks or other public areas of the city along Main Street between Liberty and Carson Streets or on 6th Street between Liberty to Olive Streets.
(c) A law enforcement officer detaining a person for violating this section may impound the scooter.
(1) In case of a violation of this section by a person who is 18 years or older, the scooter shall be released by the city if the violator appears at the police department and provides self-identification and pays a $25 impoundment fee.
(2) Persons under the age of 18 must appear at the police department with a parent or guardian to obtain release of the scooter upon payment of a $25 impoundment fee; however, if no such parent or guardian lives within the city, the scooter may be released if its owner provides a letter from a parent or guardian requesting that it be released and upon payment of a $25 impoundment fee.
(d) Operators of scooters as defined herein shall abide by all traffic rules and ordinances as any other motor vehicle and shall be classified as such.
(e) Headlamps and rear reflectors are required for night time operation.
(f) Violation of this section shall be a Class C misdemeanor.
(Code 2001, 8-210; Ord. 04-4401; Code 2014)
When signs are erected giving notice thereof, the following streets are designated one-way streets:
(a) West Third Street between Maple and School Streets with travel restricted from west to east only.
(b) Carson Street between Main and Fourth Streets from 7:00 am to 4:00 pm, Monday through Friday, during the USD #447 regular school sessions, with travel restricted from North to South during these specific times.
(Ord. 17-4687, Ord. 17-4688)
(a) Definitions.
For purposes of this subsection, the following definitions shall apply:
(1) Recreational Vehicle (RV): Any motorized or non-motorized vehicle designed or used for temporary living, sleeping, or recreational purposes, including but not limited to motorhomes, travel trailers, fifth-wheel trailers, truck campers, and pop-up campers.
(2) Trailer: Any motorized or non-motorized vehicle designed to be drawn by another vehicle or used for carrying property, animals, equipment, or other items, including but not limited to utility trailers, boat trailers, cargo trailers, camping trailers, and flatbed trailers, whether or not attached to a motor vehicle.
(3) Unattached Trailer: A recreational vehicle or trailer of any type that is not connected to a towing vehicle by a hitch, coupler, or other attachment mechanism.
(4) Driveway: A permanently improved, surfaced area providing access for vehicles from a street to a garage, carport, or other permitted parking area.
(5) Fully Enclosed Structure: A building with a roof and four enclosed walls constructed in accordance with applicable building codes, such as a garage or storage building, designed to completely shield a stored vehicle or trailer from view.
(6) Front Yard: The open space extending across the full width of the lot between the front lot line and the nearest point of the principal building, excluding driveways and walkways.
(7) Side Yard: The open space extending from the front yard to the rear yard between the side lot line and the nearest point of the principal building, excluding driveways that provide direct access from the street to a garage or carport.
(b) Prohibited Parking on Residential Lots.
It shall be unlawful for any person to park or store, or permit to be parked or stored, any recreational vehicle or trailer on any residentially zoned lot except as provided herein:
(1) Front and Side Yards: No recreational vehicle or trailer shall be parked or stored in any front or side yard, except upon a lawful driveway surface. Any such vehicle or trailer shall be parked perpendicular to the street to which the driveway surface is connected.
(2) Enclosed Storage Exception: Recreational vehicles and trailers may be stored within a fully enclosed structure meeting the requirements of the building and zoning codes of the City of Cherryvale.
(c) Parking on Public Streets.
(1) Unattached Trailers: No person shall park, place, or leave standing any unattached trailer upon any public street, alley, or right-of-way within the City for a period longer than 24 consecutive hours.
(2) Continuous Movement Prohibited: Moving an unattached trailer from one location to another within the same block or general area for the purpose of avoiding the time limitation provided herein shall not restart the 24-hour period.
(3) Attachment Exception: A trailer that remains lawfully attached to a towing vehicle may be parked in accordance with other applicable parking regulations, provided it does not obstruct traffic or create a safety hazard.
(4) General Safety Rule: No vehicle, trailer, or recreational vehicle shall be parked in any location that impedes a clear view of intersecting streets, obstructs the line of sight for motorists or pedestrians, or otherwise creates a safety hazard.
(d) Temporary Parking Exception.
(1) Purpose and Duration: Temporary parking of a recreational vehicle or trailer shall be permitted for purposes of loading, unloading, cleaning, or preparing the vehicle for travel, provided such parking does not exceed 72 consecutive hours.
(2) Safety Limitation: Temporary parking shall be permitted only if the vehicle or trailer is parked in a manner that does not impede visibility at intersections, obstruct pedestrian or vehicular line of sight, or create a traffic hazard.
(3) Frequency: Temporary parking under this section shall not occur more than four times per calendar month on any residential property.
(e) Enforcement and Penalty.
(1) Any violation of this section shall constitute a public nuisance.
(2) Upon determination that a violation exists, the Code Enforcement Officer or Police Department shall issue written notice to the property owner or responsible party specifying the violation and providing 24 hours to comply.
(3) Failure to Correct Violation: If the violation is not corrected within 24 hours after the issuance of written notice, the City may:
Cause the removal or towing of the offending vehicle or trailer at the owner’s expense; and/or
Issue a municipal citation to the property owner, vehicle owner, or person in control of the premises.
(4) Penalty: Any person violating any provision of this section, upon conviction, shall be punished by a fine not to exceed $500, or by imprisonment in the county jail for a term not exceeding 30 days, or both such fine and imprisonment.
(5) The towing and storage of any vehicle or trailer removed under this section shall be conducted in accordance with applicable state law and City towing procedures.
(f) Nonconforming Situations. Any recreational vehicle or trailer lawfully parked or stored on a residential lot prior to the effective date of the enacting ordinance shall be brought into compliance within 14 days of receiving written notice from the City.
(Ord. 25-4779)