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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

Former Milwaukee mansion of H-D co-founder William S. Harley was on the market

By General Posts

by Sarah Hauer from https://www.jsonline.com

Former Milwaukee mansion of Harley-Davidson co-founder William S. Harley was recently on the market.

The former mansion of Harley-Davidson co-founder William S. Harley in Washington Heights was recently on the market for the first time in decades.

The home at 4906 W. Washington Boulevard was built in 1916 and designed by architect Charles Valentine. The original estimated cost was $8,000, according to the Wisconsin Historical Society.

The Harley family moved into the home a couple of years after it was built.

Harley, along with his friend Arthur Davidson and Arthur’s brother Walter Davidson, founded the motorcycle brand.

Harley and the Davidsons built their first motorcycle in 1903. By 1913, the company had built almost 13,000 motorcycles.

The vintage Mediterranean revival mansion was listed for sale at $399,000.

The 3,821 square-foot home has six bedrooms and four bathrooms. It also features a sun room, grand foyer, formal dining room, fireplace and indoor fountain.

Throughout the home are hardwood floors, French doors and arched windows.

While the home is spacious (sitting a .28-acre lot), there is a lot of work that needs to be done on it. The electrical system needs updating. The bathrooms are all vintage tile with pedestal sinks.

The current owners lived in the home for decades and moved out a couple months ago. The mansion will be sold in “as-in” condition, according to the listing.

The property went under contract Tuesday, said the listing agent Mike Argeropoulos of Riverwest Realty. Argeropoulos said the buyer intends to preserve the home.

Argeropoulos said more than 200 people came to the open house last weekend. Multiple offers were received, Argeropoulos said.

The last time this property was on the market was 1976 when John and Camille Shaw bought it for $44,500, according to city records.

Creation of Harley-Davidson Museum

By General Posts

The new 8,200-square-foot “Garage,” is to be an event facility and replace a seasonal tent on the grounds, and will certainly increase the value of the property.

by Michael Horne from https://urbanmilwaukee.com

  • Name of Property: Harley-Davidson Museum
  • Address: 400 W. Canal St. Milwaukee. Also known as 126 N. 6th St.
  • Assessed Valuation 2020: The 661,807-square-foot (15.93 acre) lot is assessed at $1,899,100 ($2.87/s.f.) and the 110,250 square foot improvements are valued at $10,120,600 for a total assessed valuation of $12,019,700. (In 2008 the land was assessed at the same amount, while the improvements were valued at $9,000,900 for a total of $10,900,000.)
  • Taxes: 2020 Tax Bill $319,187.51. Payments current on the installment plan.
  • Owner: HD MILW, LLC
  • Type: Commercial
  • Architect: HGA in collaboration with Pentagram Architects. Harley-Davidson Museum – HGA
  • Year Built: 2007
  • Neighborhood: Menomonee River Valley
  • Subdivision: Walkers Point
  • Aldermanic District: 12th, Jose G. Perez
  • Walk Score: 61 out of 100 “Somewhat Walkable” Some errands can be accomplished on foot. Score would leap if pedestrian connection over canal to east were constructed. City average: 63 out of 100
  • Transit Score: 69 out of 100 “Good Transit” Many nearby public transportation options. City average: 48 out of 100
  • Bike Score: 78 out of 100; “Very Bikeable.” Biking is convenient for most trips. Plus, it is flat terrain, once you cross the 6th St. Viaduct. City average: 59 out of 100
  • Bridgehunter 6th Street Viaduct https://bridgehunter.com/wi/milwaukee/bh36811/
  • 1910 Map https://cdm17272.contentdm.oclc.org/digital/collection/san/id/855
  • 1894 Map https://collections.lib.uwm.edu/digital/collection/san/id/241/rec/9
  • Historic Photos of Site https://www.thevalleymke.org/history

Schlitz beer may have made Milwaukee famous, but the Cream City’s most famous and widely available product is the Harley-Davidson motorcycle. The firm has retailers in 98 countries spanning the globe. So strong is the brand loyalty that the H-D logo is frequently requested by customers at tattoo parlors. The firm’s headquarters remains at 3700 W. Juneau Ave., where the first factory was built in the back yard of the home of William C. Davidson (1846-1923). His sons Walter Davidson, Sr. (1876-1942), William A. Davidson (1870-1937) and Arthur Davidson (1881-1950) founded the firm in 1903 with their neighbor, engineer William S. Harley (1880-1943). Since 1915 the company has set aside one of each model made, storing the machines along with an incredible amount of corporate memorabilia in its warehouses and other facilities. The collection of motorcycles includes the earliest known H-D vehicle, Serial Number One.

Such a burgeoning assemblage begged to be placed in a home of its own, so during the 1990s the firm hired Dr. Martin Jack Rosenblum (1946-2014), a UWM professor and poet who styled himself as The Holy Ranger, a character appealing to the motorcycle crowd, becoming a cult figure in his own right. According to his obituary:

Marty was a diehard Harley enthusiast and while working for Harley-Davidson, he was responsible for organizing the archives, motorcycles, and materials that went back to the beginning of the Motor Company. His efforts played a major role in the creation of the current Harley-Davidson Museum.

But where to locate the museum? The company wanted a high-visibility location, so the headquarters was out of the running. There were plans to place it at Schlitz Park, the site of the former brewery, but they fell through. But in the early 2000s, a home was found on 15 acres of land at the eastern end of the Menomonee River Valley, surrounded by canals on three sides, and contaminated by over a century of heavy industrial uses.

A parcel was assembled on land used by the Milwaukee Department of Public Works, Morton Salt Company and Lakeshore Sand Company at 125 N. 6th St. The huge property was bisected by W. Canal St., and located between the two spans of the cable-stay bascule bridges of the new 6th St. Viaduct, a dramatic structure that opened to traffic in 2002. It replaced a 1908 viaduct that spanned the entire valley, with a small spur leading below. When engineers from the state proposed a similar design, Mayor John Norquist pushed instead for the current one, which allowed for development of the region to accelerate with ground level access to W. Canal St.

On June 1st, 2006, a groundbreaking ceremony was held, with a distinctly H-D touch. Eschewing the traditional golden shovels, the soil was broken by dirt biker Scott Parker, riding a Hog. Attendees received a small vial of the earth, with a tag attached, commemorating the event. The museum opened to the public on July 12th, 2008, and now ranks as one of the city’s top tourist attractions and event venues. At the time, the city assessor calculated the property’s value at $1,899,100 for the land and $9,000,900 for the improvements, for a total valuation of $10,900,000. Today the land is valued at the same amount, while the improvements are assessed at $10,120,600 for a total of $12,019,700.

It will soon be time for the assessor to pay another visit to the property, as a second groundbreaking was held on Thursday, July 15th, as Jeramey Jannene noted in his story for Urban Milwaukee. Once again, a motorcycle replaced the golden shovels. The new 8,200-square-foot “Garage,” is to be an event facility and replace a seasonal tent on the grounds, and will certainly increase the value of the property.

The Site in History

“Milwaukee” is sometimes translated from the Native American “Milioke” as “Gathering Place by the Water.” The Menomonee River flowed lazily to its confluence with the Milwaukee and Kinnickinnic rivers, rimmed by native plants and wild game, with abundant marshes of wild rice (“Menomin”) to provide grain. The Potawatomi tribe occupied the land by the 1700s. Other tribes to gather here at various times included the Ojibwa, Fox, Menominee, Ottawa, Sauk and Winnebago. They were displaced by white settlers in 1835. By 1850 the Milwaukee and Mississippi Railroad ran from the valley five miles west to Wauwatosa, ultimately reaching the Big Muddy at Prairie du Chien in 1857.

Byron Kilbourn, the founder of the railroad, intended it to bring the bounty of Wisconsin’s farms and forests to Milwaukee’s port. As early as 1861, Milwaukee’s port led the world in the shipment of wheat, exporting as much in a day as Edward D. Holton did in a year, when he sent the first load by ship in 1842. As traffic grew, port improvements were called for, and by 1869 the valley floor was raised 21 feet, while the bluffs to the north were lowered as much as 60 feet. The river was channelized, and the site for the Harley Museum was for a period of time an island, with the since-filled-in Holton’s Canal to its west, along with the extant North and South Menomonee canals. Bagnall’s Slip, also since filled in, ran east-west on the middle of the site, now the middle of the museum.

For over a century, the four-mile long and half-mile wide valley became the polluted heart of “The Machine Shop of the World,” with hundreds of factories employing thousands of residents in a panoply of 19th century industrial jobs.

Here, at the northeast corner of the valley, where we now find the museum, were located a number of enterprises typical of the time. One of them has a family connection to its current use.

J. S. Davidson’s “Shoddy Mill”

The Sanborn Atlas of 1894 shows a number of heavy industrial uses on the site. J. Gross & Sons and the Wisconsin Fuel Co. stored mountains of coal on the site, while the Milwaukee Lumber Company, Steinman Lumber Co. and Moe and Bentley did the same with the enormous volume of logs transported from the interior of the state. J. Rademacher did them one better, dealing in coal and wood. A. C. Beck planed the lumber at its mill, while Mueller & Sons converted scraps into boxes, with the entire third floor of its factory devoted to the manufacture of cigar boxes.

The map also mentions the “Shoddy Mill” of J. S. Davidson. This was not to disparage the property of Mr. Davidson, but to describe it for fire insurance purposes. A “Shoddy Mill” is used to convert waste fabric scraps into an inferior type of cloth, often used to stuff mattresses. Many of this city’s industrial recycling firms began with an early family member buying rags and transporting them to the mill. Upon such humble beginnings are great fortunes made.

The mill’s owner, John S. Davidson (1849-1907) was the younger brother of William C. Davidson, whose three sons and William Harley were to found the motorcycle company in 1903.

By 1910 we find a new viaduct rising 22 feet above the site, with a U-shaped approach leading to the docks of the Western Line and Cement Co., organized by Orren Robertson, the son-in-law of Edward D. Holton, whose canal was right around the corner from the cement warehouse. Bentley and Company’s lumber piles averaged 12-feet to 15-feet high. Davidson’s shoddy mill was gone, with the adjacent Gross coal piles expanding to that site, at more than twice the height of their woody counterparts.

As the decades rolled on, the entire valley fell into a general disuse, with only a few firms remaining by midcentury. These tended to be rather disagreeable affairs like stockyards, slaughterhouses, and the Milwaukee Tallow Company, whose malodorous emanations were familiar to nearby residents and County Stadium visitors on humid summer nights, and much remarked upon. The Stockyard Bar and Feedlot Restaurant lasted until the late 1980’s, located right in the middle of the mess and popular with those who used knives at work, and occasionally for mischief, as a scarred bartender who worked at the establishment made abundantly clear.

The Site Today

By 1999 the Menomonee Valley Partners was incorporated to help redevelop the area, including the Harley site, raised yet another five feet to contain the contaminated soil beneath. The sheds of the city were torn down, as the factories preceding it had been decades before. HGA designed the brick-clad structure, which was once again surrounded by native plants and trails. The Menomonee Valley Partners also is now spearheading the reclamation of the stagnant and polluted Burnham Canal to the south. The valley has also drawn a number of modern factories, sandwiched between American Family Field, the Potawatomi Casino and Hotel and the Harley-Davidson Museum — three of the area’s principal attractions, which have returned the valley to its historic role as the “Gathering Place by the Water.”

Grass clippings and motorcycles don’t mix

By General Posts

Pa. lawmaker wants grass off roads to protect bikers

Sen. Camera Bartolotta, R-Washington County, is proposing legislation that would make throwing grass clippings on the roadway a fineable offense much like littering. She said the clippings present a hazard to motorcyclists as well as an environmental concern.

A Washington County senator is proposing a bill to try to protect motorcyclists and other motorists from a roadway hazard during mowing season and address an environmental concern at the same time.

Sen. Camera Bartolotta, a Republican, wants to add grass clippings to the list of items – waste paper, sweepings, ashes, household waste, glass, metal, refuse and other rubbish – that can result in a fine if someone is responsible for them ending up on a roadway.

Saying grass clippings not only cause the surface of the roadway to become extremely slippery, she said they also can clog storm drains and make their way into streams and cause pollution.

“Prohibiting grass clippings from roadways is an easy, commonsense solution to a deadly problem,” she said. “Land owners have a right to manage and maintain their property as they see fit, but they also have a responsibility to ensure they do not create a lethal hazard for other motorists on public roadways by being negligent.”

Her bill proposes fines of up to $300 for the first offense and up to a $1,000 for subsequent offenses. Along with that, her proposal would require the landowner to remove the clippings from the roadway.

Mike Sobol, a Cornwall Lebanon School District computer teacher, does not own a motorcycle but still sees merit to this proposal becoming law. He had to replace the fender on his car after driving past a person cutting grass and having stones shoot out from a mower damaging his car.

Beyond the safety hazard, he said, “This is a pollution issue too. This is a two-headed snake.”

While this doesn’t rank as the highest priority for the Alliance of Bikers Aimed Toward Education of Pennsylvania, the group’s state legislator coordinator John Kruger said it is a concern particularly to younger riders.

“The demographics of the riders are changing,” Kruger said. “So what didn’t bother the ‘old school’ riders is different than what bothers ‘young kids.’”

He put up a post on the group’s Facebook page about the proposal and it drew 215 comments with only three of them against it, he said.

“If you are driving your bike on a super sunny day, the last thing you’re expecting is ice on the road. Grass on the road is quite honestly ice in the summertime,” he said.

When riders complain to law enforcement, he said their complaints are dismissed. “You hear them say the current law is not enforceable.” But he said the senator’s proposal to add two words “grass clippings” to the law that makes throwing litter and other items on the roadway an offense would fix that.

An Eye on Recent Motorist Rights Court Cases

By General Posts

FROM National Motorists Association https://www.motorists.org

Motorist rights cases have made news and even history recently. There have been so many as of late, we are dedicating two separate newsletters to provide some insight on the legal rulings that are affecting drivers around the country.

This week’s newsletter focuses on recent rulings and pending US Supreme Court and federal court cases. Part 2 next week will outline state court decisions.

TheNewspaper.com, featured prominently in these two newsletters, is a great supplement to the NMA’s Motorists.org site for the latest news and opinions on the politics of driving.

The US Supreme Court (SCOTUS)

Last week’s unanimous decision that curtails excessive government fines and property seizures has provided further impetus for one of the NMA’s primary lobbying initiatives: civil asset forfeiture (CAF) reform. The decision received broad bipartisan praise. Justice Ruth Bader Ginsburg wrote in the ruling that the excessive fines clause is a fundamental restriction that applies to the states under the due process clause of the Fourteenth Amendment. While the SCOTUS decision is monumental, the fight is far from over. Some states still allow the seizure of property from citizens — motorists are prime targets — who have never been charged with a crime. Our work for reform at the federal and state levels continues in earnest.

Additionally, SCOTUS accepted a case in January that will decide whether an unconscious drunk person has given implied consent for a blood draw to determine alcohol level. The case might resolve an important constitutional question: Can state legislatures obviate the warrant requirement by “deeming” that citizens can consent to Fourth Amendment searches without explicitly expressing that consent?

Federal Appeals Court Cases

Judges for the Fifth Circuit Court of Appeals ruled in late January that a person driving a registered vehicle on a public road is not “reasonably suspicious.” Federal authorities appealed a motion to suppress evidence obtained from a border patrol traffic stop in Freer, Texas. The driver turned onto a public road that happened to bypass a checkpoint 50 miles inland from the Mexican border. The U.S. government has declared anything within 100 miles to be under Border Patrol jurisdiction. The Court ruled that turning onto a road that is “known” for smuggling in a truck registered to an individual is not enough to support reasonable suspicion. If it were, then virtually anyone driving within 100 miles from the border could automatically be deemed suspicious.

In December, judges in the Eighth Circuit US Court of Appeals ruled that it is appropriate for officers to use force to ram a driver with an expired registration sticker off the road. The driver sued the Arkansas state trooper for using excessive force and a US District Judge agreed with the plaintiff that the officer was out of line. She felt that at the time the trooper turned on his lights to make the stop, she could not reasonably do so on the shoulder which was unlit, dark and narrow. She continued to drive 20 mph under the speed limit for 42 seconds to find a safer spot, but after she passed an exit the trooper used a precision immobilization technique (PIT) maneuver to push her vehicle into a ditch. She and her young daughter were both injured. The Appeals Court sent the case back to the same district judge who now must determine if the lawsuit can proceed on the basis of malicious intent.

In early February, the Ninth US Circuit Court of Appeals ruled that police do not need a reason to place American citizens on a ‘Suspicious Person’ list. Judge Milan Smith wrote, “Tips and leads required only ‘mere suspicion,’ a lower standard than the reasonable suspicion required for criminal intelligence data and is up to the discretion of law enforcement and other government officials. This case is chilling in the sense that the government can put anyone on the list for not much more than a whim.

The Ninth Circuit US Court of Appeals ruled in January that police cannot demand ID from car or truck passengers without a reasonable suspicion of a crime. The judges agreed that in this Arizona case, the US Supreme Court ruling in Rodriquez v. US, which prohibits police from prolonging a traffic stop by asking unrelated questions, established precedent.

In January, the Eleventh Circuit US Court of Appeals upheld a traffic stop over a fast blinker. Apparently, driving with a turn signal that flashes “too fast” is potentially a criminal act in Georgia. The blinker was actually working properly; the Georgia Code does not stipulate how fast a turn signal should blink, only that all equipment be kept in “good working condition.” The appellate panel suggested that the plaintiff’s blinker was not in compliance because it was in working condition, just not “good” working condition. American jurisprudence at its best.

Check out Part 2 next week when we showcase recent state cases that could impact motorists.

The National Motorists Association is a membership-based organization dedicated to protecting the rights of the motoring public.