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Sep 25
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Kanopolis City, Kansas Ordinance for Off-Road Motorcycles

By General Posts

from https://www.indyrepnews.com

(First Published in the Ellsworth County Independent/
Reporter, September 23, 2021)

ORDINANCE NO. 2021-O-02

AN ORDINANCE AUTHORIZING THE USE OF OFF-ROAD MOTORCYCLES (ALSO KNOWN AS ‘DIRT BIKES’) ON THE STREETS OF KANOPOLIS, KANSAS, AND PROVIDING FOR PENALTIES FOR VIOLATION OF THE SAME.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF KANOPOLIS, ELLSWORTH COUNTY, KANSAS:
The purpose of this Ordinance is to protect the health, safety, property and well-being of the citizens of Kanopolis by regulating the use of off-road motorcycles in the city which may endanger the safety of persons driving, bicycling or walking on the roads, the safety of motorists, cyclists or pedestrians, the safety of its operators, and which may disturb the use and enjoyment of land. This section shall apply throughout the city, both on and off streets and highways and on all public and private land.

• Sec. 1. – Definition.
The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Off-road motorcycle or dirt bike means any motorized nonhighway vehicle traveling on two tires, and having a seat designed to be straddled by the operator, and/or any motorcycle licensed for highway travel being utilized off of a street, roadway or improved surface.

• Sec. 2. – Unsafe use of off-road motorcycles prohibited.
The following practices constitute unsafe use of off-road motorcycles in the city:
(1) Use of an off-road motorcycle one-half hour after sunset to one-half hour before sunrise without headlights and rear lights installed and illuminated.
(2) Use of an off-road motorcycle without a rearview mirror.
(3) Use of an off-road motorcycle without a warning device such as a horn.
(4) Use of an off-road motorcycle with more than one person on the seat, unless the seat has been specifically designed by the manufacturer to hold more than one person. In no case shall there be more passengers than the off-road motorcycle is designed to carry.
(5) Use of an off-road motorcycle without the driver and passengers wearing protective headgear. The headgear must conform with minimum standards of construction and performance as proscribed by the National Standards Institute specification Z90.1 or by the federal motor vehicle safety standard no. 218.
(6) Use of an off-road motorcycle by a driver under the age of 14.
(7) Operating an off-road motorcycle that is not equipped at all times with an effective and suitable muffling device on its engine to effectively deaden or muffle the noise of the exhaust. Each off-road motorcycle must meet noise emission standards of the United States Environmental Protection Agency and in no case exceed 82 decibels of sound pressure level at 50 feet on the “A” scale as measured by the SAE standards.
(8) Operating an off-road motorcycle that is not equipped at all times with a working spark arrester.
(9) Operation of off-road motorcycle at speeds greater than reasonable and prudent for the existing conditions.
(10) Operating an off-road motorcycle in violation of ordinances or regulations applicable to motor vehicles, except as expressively permitted by the article, or in reckless manner in such a way as to recklessly create a substantial risk of serious bodily injury to another person.
(11) Operating an off-road motorcycle in a manner so as to endanger any person or property.
(12) Operating an off-road motorcycle in such a manner as to create an excessive amount or introduction into the air of dust, dirt or other particulate or substance.
(13) Operating an off-road motorcycle in any manner that would harass game or domestic animals.
(14) The operation of an off-road motorcycle by a child under the age of 18 without the immediate and visual supervision of an adult.

• Sec. 3. – Restricted operation of off-road motorcycles.
Except as this Ordinance specifically permits and authorizes, no person shall operate a dirt bike or other off-road motorcycle vehicle within the city limits:
(1) On the portion of any right-of-way of any public highway, street, road, trail or alley used for motor vehicle travel, unless the motorcycle is fully licensed for highway use.
(2) On a public sidewalk provided for pedestrian travel.
(3) On private property of another without the specific expressed permission of the owner or person in control of the property.
(4) On any property owned by the City of Kanopolis or on any other public property, including parks and recreational areas, except by special event issued permit.
(5) Within 100 feet of any school, park, pedestrian, utility work, or construction area where the operation would conflict with use or endanger other persons or property.
(6). In or on a railroad right-of-way

• Sec. 4. – Responsibilities of parents and landowners.
(a) Parents and responsible adults. It shall be a violation of this division for any parent, guardian, or adult with supervisory responsibility to permit a child less than 18 years of age to operate an off-road motorcycle in a manner prohibited by this Ordinance.
(b) Landowners. It shall be a violation of this division for any landowner or rightful possessor of real property to suffer or permit the operation of off-road motorcycles on property that they own or possess as prohibited or in a manner prohibited by this ordinance.

• Sec. 5. – Violations and penalties.
(a) Upon a first conviction for a violation of sections 2 and 3, the court shall assess a fine of no less than $50.00. Upon a second conviction, the court shall issue a fine of no less than $200.00. Upon a third or subsequent conviction, the court shall issue a fine of no less than $350.00. No prior conviction shall be considered in determining the penalty to be assessed if 24 months have elapsed between the date of the violation and the date of the conviction next immediately preceding the sentencing date.
(b) No person shall be eligible for a parole, suspension or reduction of any part of a fine except that portion of any fine or combination of fines that exceeds $200.00 assessed from the same set of operative facts may be suspended for 12 months on the condition the violator have no further violations of the ordinance during that period.
(c) Each occurrence of a violation constitutes a separate offense and shall be punishable as such hereunder.

• Sec. 6. Standard Traffic Ordinance. A person operating an off-road motorcycle 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.

• Sec. 7. – Enforcement.
This division shall be enforced by the city police department.

ADOPTED AND APPROVED by the Governing Body, this 14th day of September, 2021.

CITY OF KANOPOLIS

By: Edward A. Hopkins, Mayor

(SEAL)

ATTEST:

Deborah Kralik, City Clerk

1t 9/23

Mar 03
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Motorcycle Profiling is Official Daytona PD Policy

By General Posts

Video footage obtained by the MPP from the North Florida Council of Clubs confirms that motorcycle profiling is not only widespread in Daytona Beach, but it is also official law enforcement policy. In the words of Daytona PD Chief Craig Capri, “If you wear your colors [in Daytona Beach], you’re going to get stopped.” This official policy is unconstitutional and exposes the entire Daytona PD to civil liability. This video evidence also justifies a cost-free legislative solution in the form of a simple prohibition against motorcycle profiling combined with relief for victims.

Chief Capri’s Statement Proves Unconstitutional Practices Are Policy

Without any other evidence, Chief Capri’s Statement alone proves that the Daytona PD profiles motorcycle club members as a matter of policy. This official policy irrefutably violates the 1st, 4th, and 14th Amendments to the US Constitution.

Federal courts have confirmed that motorcycle club colors are protected by the 1st Amendment. To punish an individual through seizure in the form of a profiling stop anyone “who wears the insignia of [a 1% motorcycle club], without regard to or knowledge of that individual’s specific intent to engage in the alleged violent activities committed by other members, is antithetical to the basic principles enshrined in the First Amendment and repugnant to the fundamental doctrine of personal guilt that is a hallmark of American jurisprudence. see Coles v. Carlini 162 F.Supp.3d 380 (2015)

Chief Capri’s statement also violates the 14th Amendment because it represents Selective Enforcement of the law. Capri’s statement proves that the strategy to use traffic stops as a way to punish those exercising their rights of expression and association is premeditated and selective. In terms of the 4th Amendment, any minor traffic pretext used to stop a club member in Daytona Beach should be presumed invalid.

Exposure To Civil Liability

Motorcycle profiling as a matter of policy implicates the entire Daytona PD at an organizational level. Independent of individual officers and incidents, each profiling stop exposes the Daytona PD as an entity to civil liability. Chief Capri is the highest authority at the Daytona PD and clearly articulates a policy of discrimination and Selective Enforcement. 42 U.S.C. Section 1983 provides:

“Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress.“

An Epidemic In Florida

The National Motorcycle Profiling Survey validates the Florida’s profiling epidemic. The 2018 NMPS lists Florida as one of the top motorcycle profiling concerns in America. According to the 2018 NMPS, 65% of Florida survey participants reported being the victims of motorcycle profiling at least once since 2012. These survey statistics are 99% reliable with less than a 2% margin of error. (See NMPS Executive Summary 2018).

Despite promises, Daytona PD has failed to address motorcycle profiling

There is a long history and pattern of evidence establishing that motorcycle profiling is engrained in the Daytona Beach PD. And the Daytona PD has made empty promises when caught with their hands in the cookie jar.

While attending the 2017 Biketoberfest rally in Daytona Beach, Florida, members of the Iron Horsemen Motorcycle Club (IHMC) were the target of blatant profiling and discrimination at the hands of the Daytona Beach PD. The incident, caught on videotape as a result of quick thinking, is irrefutable. The impact on civil liberties motivated the combined efforts of the North Florida Council of Clubs, the National Council of Clubs, and the Motorcycle Profiling Project to immediately respond with a formal complaint and public record requests. These inquiries, based on the video, sparked an investigation into the actions of the officers involved and a review of Daytona PD policies regarding motorcycle clubs, said a source inside of Chief Craig Capri’s office. As a result of the State Attorney’s inquiry, a curriculum was supposed to be constructed and all Daytona PD officers were to be re- trained relating to motorcycle profiling.

Unfortunately, almost 2 years later, motorcycle profiling is alive and well in Daytona Beach. As articulated, motorcycle profiling is still official policy.

A Legislative Solution

Motorcycle profiling is a legitimate national policy discussion. In December, the US Senate unanimously approved S.Res.154 which directs all states to follow the lead of Washington State and Maryland by legislatively addressing and condemning the practice of motorcycle profiling. A prohibition combined with injunctive and actual relief for victims is a simple solution with no fiscal impact. A legislative prohibition would immediately increase exposure to the issue therefore reducing incidents of profiling.

The post Motorcycle Profiling is Official Daytona PD Policy appeared first on Motorcycle Profiling Project.

http://www.motorcycleprofilingproject.com/‘

https://councilofclubs.org