Attorney General Opinion No. 1989-049 PDF Download
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Author: Robert T. Stephan
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Languages : en
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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 (i̲.̲e̲.̲ 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.
Author: Robert T. Stephan
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Languages : en
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Book Description
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 (i̲.̲e̲.̲ 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.
Author: Robert T. Stephan
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Languages : en
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The legislature intended that the term "noneconomic loss," found in K.S.A. 1990 Supp. 65-34,126 and not otherwise defined, have the meaning commonly accorded it and as defined by case law interpreting generally similar statutes. Cited herein: K.S.A. 1990 Supp. 65-34,100; 65-34,102; 65-34,126.
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: Robert T. Stephan
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Languages : en
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Malt beverages containing any measurable amount of alcohol, but not more than 3.2 percent, are cereal malt beverages and may not be sold on Sunday except as provided in K.S.A. 1989 Supp. 41-2704(b) and (g). Cited herein: K.S.A. 1989 Supp. 41-102; 41-2701; 41-2704.
Author: Robert T. Stephan
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Languages : en
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The mayor of a city of the third-class having the mayor-council form of government is not precluded by statute or by the common-law doctrine of incompatibility of offices from also performing the functions of a dog catcher, when such duties are vested in him by city ordinance and do not result in any additional compensation being paid to him. Cited herein: K.S.A. 15-301, 15-1402, 15-1407, 15-1502.
Author: California. Office of the Attorney General
Publisher:
ISBN:
Category : Attorneys general's opinions
Languages : en
Pages : 392
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Author: Robert T. Stephan
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Category :
Languages : en
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The Fourth Amendment to the United States Constitution gives people the right to be free from "unreasonable searches and seizures." Mandatory drug testing of county employees, without regard to job performance, would violate the Fourth Amendment prohibition against "unreasonable searches and seizures." However, the testing of such an employee is permissible if based upon "reasonable suspicion." Therefore, there is no constitutional bar to the testing of a county employee where circumstances give the employer a reasonable, objective basis to suspect illicit drug use by that employee. Mandatory drug testing of applicants, without regard to job requirements, would violate the Fourth Amendment. However, testing of an applicant is permissible if it is in furtherance of a bona fide effort to learn whether an applicant is physically capable of performing the duties of a particular job. Accordingly, mandatory drug testing of all applicants for public safety positions is permissible. Cited herein: K.S.A. 19-101; K.S.A. 1986 Supp. 19-101a; U.S. Const., Fourth Amend.; Ks. Const., Bill of Rights, section 15.
Author: Robert T. Stephan
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Languages : en
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In the absence of a city ordinance providing otherwise, a spouse of a council member may hold the office of city treasurer or the office of cemetery superintendent in a city of the second class having the mayor-council form of government, if such spouse is otherwise qualified to be appointed to the office. Additionally, a council member whose spouse holds a city office in a city of the second class is not disqualified from voting (as member of the city council) upon the remuneration for the office which the spouse holds, or upon other matters affecting said city office. Cited herein: K.S.A. 13-2903, 14-205, 14-537, 75-4304.
Author: Curt Thomas Schneider
Publisher:
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Category :
Languages : en
Pages :
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Under the Small Claims Procedure Act, K.S.A. 61-2701 e̲t̲ s̲e̲q̲., a party may obtain the assistance of counsel in post-judgment proceedings, e̲.̲g̲.̲, involving attachment, levy and garnishment.
Author: Robert T. Stephan
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Category :
Languages : en
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K.S.A. 1988 Supp. 12-1222, and the act of which it is a part, contain provisions which are not uniformly applicable to all cities. Accordingly, a city may use its home rule authority to charter out from the provisions of that statute, including the requirement that members appointed to a library board be residents of the municipality. Cited herein: K.S.A. 1988 Supp. 12-1222; Kan. Const., Art. 12, section 5.
