AGO 1989-049.

Case DateApril 18, 1989
CourtKansas
Kansas Attorney General Opinions 1989. AGO 1989-049. April 18, 1989ATTORNEY GENERAL OPINION NO. 89-49The Honorable B.D. Kanan State Senator Fifth District 511 Garfield Kansas City, Kansas 66102 The Honorable Bill WisdomState Representative Thirty-First District 1915 So. 29th St. Court Kansas City, Kansas 66106 The Honorable Hank TurnbaughState Representative Thirty-Ninth District 5044 County Line Road Kansas City, Kansas 66106 Re: Automobiles and Other Vehicles--Uniform Act Regulating Traffic; Powers of State and Local Authorities--Provisionsof Act Uniform Throughout State; Local Traffic Regulations Synopsis: Pursuant to the provisions of K.S.A. 8-2001, local authorities (including cities) may adopt additional traffic regulations prohibiting "U-turns" where such regulations do not conflict with the provisions of the Uniform Act Regulating Traffic on Highways. Under the Uniform Act, no such ordinance regulating or prohibiting the turning of vehicles shall be effective until official traffic control devices giving notice of such local traffic regulation are erected upon or at the entrances to the highway or part thereof affected. K.S.A. 8-2002(a)(9) and (c). Accordingly, an ordinance which prescribes additional circumstances under which U-turns are prohibited (i.e. the ordinance sets forth limitations in addition to those prescribed by K.S.A. 8-1546) is not effective until official traffic control devices giving notice of such prohibition are erected. Thus, subsections (1), (3) and (4) of section 35-323 of the Kansas City Municipal Code, which impose additional prohibitions on U-turns in the absence of official traffic control devices giving notice of such prohibitions, conflicts with subsection (c) of K.S.A. 8-2002, and is invalid pursuant to K.S.A. 8-2001. Cited herein: 8-1546; 8-2001; 8-2002. * * * Dear Senator Kanan and Representatives Wisdom and Turnbaugh: You request our opinion as to the validity of subsections (1), (3) and (4) of section 35-323 of the Kansas City Municipal Code. Section 35-323 restricts U-turns, and provides as follows:
"Sec. 35-323. U-turns, when no signs; where prohibited.
"The driver of any vehicle shall not turn such vehicle so as to proceed in the opposite direction:
"(1) At any intersection at which traffic is controlled by a traffic control sign.
"(2) Upon any curve or
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