There is hereby incorporated by reference for the purpose of regulating traffic upon highways and streets of the City that certain standard safety regulations known as Federal Motor Carrier Safety Regulations, 2005 Administrator Edition, parts 383, 385 and 390-397, prepared and published in book form by Mangan Communications, Inc., 315 West Fourth Street, Davenport, Iowa, save and except such articles, sections, parts or portions as are hereafter omitted, deleted, modified or changed. No less than three (3) copies of said book shall be marked or stamped “Official Copy” as adopted by this article with a copy of the ordinance attached thereto, and filed with the City Clerk to be open to inspection and available to the public at all reasonable hours. The Police Department, Municipal Judge, City Prosecutor and all administrative departments of the City charged with the enforcement of these regulations shall be supplied, at the cost of the City, such number of official copies of said book as may be deemed expedient.

Sections 390.37 and 383.53 of the Federal Motor Carrier Safety Regulations are hereby repealed. The following substitute provision is adopted:

(a)   The Court Clerk of Park City, Kansas, is hereby directed to abstract all convictions of violations committed by persons holding a Commercial Driver’s License (CDL) to the Driver’s Control Bureau of the Department of Revenue of the State of Kansas. Any further action to a person’s CDL as a result of the abstracted conviction will be at the discretion of the Driver’s Control Bureau in accordance with state statutes and regulations.

(b)   It shall be unlawful for any person to violate the provisions of the Federal Motor Carrier Safety Regulations, parts 383, 385 and 390-397. The judge of the Municipal Court may, in the manner prescribed by K.S.A. 12-4305 or any amendments thereto, establish a schedule of fines for violations of any section of the Federal Motor Carrier Safety Regulations, parts 383, 385 and 390-397, such fine not to exceed Five Hundred Dollars ($500.00) plus court costs. Any person who violates the provisions of the Federal Motor Carrier Safety Regulations, parts 383, 385 and 390-397, shall, upon conviction, be punished as set forth in the schedule of fines. Any person who violates any provision of the Federal Motor Carrier Safety Regulations, parts 383, 385 and 390-397, for which a fine is not scheduled shall, upon conviction, be punished by a fine not to exceed Five Hundred Dollars ($500.00) plus court costs.

(c)   Section 396.9(a) of the Federal Motor Carrier Safety Regulations is hereby repealed and a new Section 396.9(a) is added to read as follows:

396.9(a). Personnel authorized to perform inspections. Inspections of motor carriers’ vehicles in operation shall be conducted by Commercial Vehicle Safety Alliance (CVSA) certified officers.

This Article shall be construed as follows:

(a)   Liberal Construction-The provisions of this Article shall be liberally construed to effectively carry out its purposes which are hereby found and declared to be in furtherance of the public health, safety, welfare and convenience.

(b)   Savings Clause-The repeal of any sections of this Article, as provided herein below, shall not affect any rights acquired, fines, penalties, forfeitures, or liabilities therefor. Said ordinance repealed is hereby continued in force and effect after the passage, approval and publication of the ordinance for the purposes of such rights, fines, penalties, forfeitures, liabilities and actions therefor.

(c)   Invalidity-If for any reason any chapter, article, section, subsection, sentence, portion or part of the proposed ordinance set out, or the application thereof to any person or circumstance is declared to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of the Code or other ordinances.