SERIOUS OFFENSES

Kansas City Code ch. 70, art. IV, div. 2

in effect

Kansas City Code § 70-301 Careless driving generally.

Sec. 70-301. - Careless driving generally. No person shall drive any vehicle within this city carelessly and heedlessly in disregard of the rights or safety of others, or without due caution and circumspection, or at a speed and in a manner so as to endanger or be likely to endanger any person or property. (Code of Gen. Ords. 1967, § 34.115; Ord. No. 41525, 10-20-72; Ord. No. 47710, 4-22-77; Ord. No. 56381, 8-16-84)

Kansas City Code § 70-302 Operation of vehicle by person under the influence of alcohol or drugs.

Sec. 70-302. - Operation of vehicle by person under the influence of alcohol or drugs. (a) It shall be unlawful for any person who is under the influence of alcohol or drugs to a degree which renders him incapable of safely driving a vehicle to be physically driving or operating any vehicle within this city. The fact that any person charged with a violation of this section is or has been entitled to use a drug under the laws of this state shall not constitute a defense against any charge of violating this section. (b) Upon the trial of any action or proceeding arising out of acts alleged to have been committed by any person while physically driving or operating a vehicle while under the influence of alcohol, the amount of alcohol in the person's blood at the time alleged as shown by chemical analysis of the person's blood, breath, saliva, urine or other bodily substance shall give rise to the following presumptions or create the following prima facie evidence except as provided in section 70-305: (1) If there was at that time 0.05 percent or less by weight of alcohol in the person's blood, it shall be presumed that the person was not under the influence of alcohol. (2) If there was at that time in excess of 0.05 percent but less than 0.08 percent by weight of alcohol in the person's blood, such fact shall not give rise to any presumption that the person was or was not under the influence of alcohol, but such fact may be considered with other competent evidence in determining whether the person was under the influence of alcohol. (3) If there was at that time 0.08 percent or more by weight of alcohol in the person's blood, this shall be prima facie evidence that the person was under the influence of alcohol. Percent by weight of alcohol in the blood shall be based upon grams of alcohol per 100 milliliters of blood or 210 liters of breath and may be shown by chemical analysis of the blood, breath, saliva, urine or other bodily substance. The provisions of subsections (b)(1) through (3) of this section shall not be construed as limiting the introduction of any other competent evidence bearing upon the question of whether the person was under the influence of alcohol. Chemical analyses of the person's blood, breath, saliva, urine or other bodily substance to be considered valid under the provisions of this section shall have been performed according to methods approved by the state department of health and senior services by licensed medical personnel or by an individual possessing a valid permit issued by the state department of health and senior services of the state for this purpose. When a person shall submit to a blood test at the request of a law enforcement officer under the provisions of this section, only a licensed physician, registered nurse or trained medical technician may withdraw blood at the place of such medical professional's employment for the purpose of determining the alcoholic content therein. This limitation shall not apply to the taking of breath, saliva, urine or other bodily substance specimens. The person tested may have a physician or a qualified technician, chemist, registered nurse or other qualified person of his own choosing administer a chemical test or tests in addition to any administered at the direction of a law enforcement officer. The failure or inability to obtain an additional test by a person shall not preclude the admission of evidence relating to the test or tests taken at the direction of a law enforcement officer. (c) Any person who is 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. (d) For the purpose of this section, the record kept by the clerk of the court in which the person was convicted, or certified copies of such records, or official records or copies thereof kept by any state, shall be admissible as prima facie evidence of such conviction. (Code of Gen. Ords. 1967, §§ 34.116, 34.117; Ord. No. 41525, 10-20-72; Ord. No. 46196, 1-23-76; Ord. No. 48673, 2-2-78; Ord. No. 56381, 8-16-84; Ord. No. 920256, 3-26-92; Ord. No. 021093, § 1, 9-12-02; Ord. No. 150526, § 1, 7-2-15)

Kansas City Code § 70-303 Fleeing or attempting to elude police officer.

Sec. 70-303. - Fleeing or attempting to elude police officer. Any driver of a motor vehicle who willfully fails or refuses to bring his vehicle to a stop, or who otherwise flees or attempts to elude a pursuing police vehicle, when given visual or audible signal to bring the vehicle to a stop, shall be guilty of a violation. The signal given by the police officer may be had by hand, voice, emergency light or siren. (Code of Gen. Ords. 1967, § 34.118; Ord. No. 41525, 10-20-72; Ord. No. 56381, 8-16-84)

Kansas City Code § 70-304 Operation of vehicle by person with blood-alcohol content of 0.08 percent or more.

Sec. 70-304. - Operation of vehicle by person with blood-alcohol content of 0.08 percent or more. (a) It is unlawful for any person to physically drive or operate a vehicle within the city when the person has 0.08 percent or more by weight of alcohol in his or her blood. (b) Upon the trial of any action or proceeding arising out of acts alleged to have been committed by any person while operating a vehicle with a blood-alcohol content of 0.08 percent or more by weight, percent by weight of alcohol in the blood shall be based upon grams of alcohol per 100 milliliters of blood or 210 liters of breath and may be shown by chemical analysis of the person's blood, breath, saliva, urine or other bodily substance. (c) Chemical analyses of the person's blood, breath, saliva, urine or other bodily substance, to be considered valid under the provisions of this section, shall have been performed according to methods approved by the state department of health and senior services by licensed medical personnel or by an individual possessing a valid permit issued by the state department of health and senior services for this purpose. (d) When a person shall submit to a blood test at the request of a law enforcement officer under the provisions of this section, only a licensed physician, registered nurse or trained medical technician may withdraw blood at the place of his employment for the purpose of determining the alcoholic content therein. This limitation shall not apply to the taking of breath, saliva, urine or other bodily substance specimens. (e) The person tested may have a physician, or a qualified technician, chemist, registered nurse or other qualified person of his or her own choosing, administer a chemical test or tests in addition to any administered at the direction of a law enforcement officer. The failure or inability to obtain an additional test by a person shall not preclude the admission of evidence relating to the test or tests taken at the direction of a law enforcement officer. (f) 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. (Code of Gen. Ords. 1967, § 34.119; Ord. No. 45886, 10-9-75; Ord. No. 56381, 8-16-84; Ord. No. 021093, § 1, 9-12-02; Ord. No. 150526, § 1, 7-2-15)

Kansas City Code § 70-305 Operation of commercial motor vehicle by person with blood-alcohol content of 0.04 percent or more.

Sec. 70-305. - Operation of commercial motor vehicle by person with blood-alcohol content of 0.04 percent or more. (a) No person shall operate a commercial motor vehicle while having an alcohol concentration in his blood, breath, saliva or urine of 0.04 percent or more. As used in this section, the term "commercial motor vehicle" shall mean any motor vehicle designed or used to transport passengers or property if: (1) The vehicle has a gross combination weight rating of 26,001 or more pounds inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds; (2) The vehicle has a gross vehicle weight rating of 26,001 or more pounds; (3) The vehicle is designed to transport more than 15 passengers, including the driver; or (4) The vehicle is used in the transportation of hazardous materials in a quantity requiring placarding under regulations issued by the secretary of transportation under the Hazardous Materials Transportation Act (49 USC app. 1801-1813). (b) 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. (Code of Gen. Ords. 1967, § 34.120; Ord. No. 920256, 3-26-92; Ord. No. 150526, § 1, 7-2-15)

Kansas City Code § 70-306 Careless driving while operating commercial motor vehicle.

Sec. 70-306. - Careless driving while operating commercial motor vehicle. No person shall operate a commercial motor vehicle in willful or wanton disregard for the safety of persons or property. As used in this section, the term "commercial motor vehicle" shall mean any motor vehicle designed or used to transport passengers or property if: (1) The vehicle has a gross combination weight rating of 26,001 or more pounds inclusive of a towed unit which has a gross vehicle weight rating of 10,000 or more pounds; (2) The vehicle has a gross vehicle weight rating of 26,001 or more pounds; (3) The vehicle is designed to transport more than 15 passengers, including the driver; or (4) The vehicle is used in the transportation of hazardous materials in a quantity requiring placarding under regulations issued by the secretary of transportation under the Hazardous Materials Transportation Act (49 USC app. 1801-1813). (Code of Gen. Ords. 1967, § 34.121; Ord. No. 920256, 3-26-92)

Kansas City Code § 70-307 Construction zones.

Sec. 70-307. - Construction zones. (a) Violation. No person shall drive a vehicle at a speed in excess of the posted maximum limit within a construction zone or work zone. (b) Violation less than five miles per hour in excess. No person shall drive a vehicle at a speed in excess of the posted maximum limit but less than five miles per hour in excess of the posted maximum limited within a construction or work zone. (c) Violation of no passing zone. Where marked by signs to prohibit passing, no person shall drive a vehicle in such manner so as to overtake or pass another motor vehicle within a work zone or construction zone, regardless of the number of marked lanes of travel available to the passing or overtaking vehicle in either direction. (d) Penalty. Any person who shall be convicted of a violation of any subsection of this section shall, for each offense, be fined not less than $350.00 and not more than $500.00, or be punished by imprisonment, for a period of not less than one day and not more than six months, or be punished by both such fine and imprisonment. (Ord. No. 011336, § 1, 10-11-01; Ord. No. 160589, § 2, 8-18-16)

Kansas City Code § 70-308 Raising wheels while operating certain vehicles.

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 30 miles per hour, if the person is 18 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. (Ord. No. 250880, § 1, 10-23-25)

Source: City of Kansas City, Missouri, Code of Ordinances, Charter and Zoning and Development Code (Municode Library, library.municode.com)URL: https://library.municode.com/mo/kansas_city/codes/code_of_ordinances?nodeId=COORKAMIVOII_CH70TRVE_ARTIVOP_DIV2SEOFFetched: 10/28/2026