A CHARTER ORDINANCE EXEMPTING THE CITY FROM THE PROVISIONS OF K.S.A. §§ 12-4202, 12-4203, 12-4204, AND 12-4207 REGARDING PUBLIC OFFICIALS WITH THE AUTHORITY TO SIGN AND SERVE A MUNICIPAL COURT COMPLAINT OR NOTICE TO APPEAR AND REPEALING THE PORTION OF SECTION 9-102 OF THE RUSSELL MUNICIPAL CODE INSOFAR AS IT APPLIES TO THE FOREGOING PROVISIONS

Be it ordained by the governing body of the City of Russell, Kansas:

Section 1. Election to exempt. The City of Russell, Kansas (the “City”), by virtue of the powers vested in it by Article 12, Section 5 of the Constitution of the State of Kansas, hereby elects to exempt itself from the provisions of Sections 12-4202, 12-4203, 12-4204, and 12-4207, Kansas Statutes Annotated, that apply to the City, but do not apply uniformly to all cities, and provide substitute provisions as set forth below.

Section 2. Substitute provisions.

K.S.A. 12-4202. Complaint; requirements; form. A complaint shall be in writing and shall be signed by the complainant. More than one violation may be charged in the same complaint. A complaint shall be deemed sufficient if in substantially the form of the complaint set forth in K.S.A. I 2-4205 and amendments thereto or in substantially the following form:

IN THE MUNICIPAL COURT OF RUSSELL, KANSAS

 

The City of Russell, Kansas

 

vs.

                                        

(Accused person)

 

_____________, the undersigned, complains that on or about the __ day of ___ , 20__ , in the City of Russell, County of Russell, and State of Kansas, ________________________ did then and there unlawfully _____________ in violation of Section of Ordinance No. __ of the Code of the City of Russell, Kansas.

                                        

Complainant

 

 

 

I agree to appear in said Court at said time and place.

                                        

Signature of Accused Person

*Sworn to positively before me, this __ day of ___ , 20__

                                        

Officer authorized to administer oaths

* (This complaint is not required to be sworn if it is signed by a law enforcement officer or by a Public Enforcement Officer designated by the City Manager and pertains to the violation of a municipal ordinance that the officer’s division enforces.)

K.S.A. 12-4203. Complaint; service; notice to appear or warrant refusal to issue.

(a)   A copy of the complaint shall be served, together with a notice to appear or a warrant, by a law enforcement officer upon the accused person, and forthwith, the complaint shall be filed with the municipal court, except that a complaint may be filed initially with the municipal court, and if so filed, a copy of the complaint shall forthwith be delivered to the city attorney. A Public Enforcement Officer designated by the City Manager may serve upon the accused person a copy of the complaint, together with a notice to appear for violation of a municipal ordinance that the officer’s division enforces and forthwith the complaint shall be filed with the municipal court.

(b)   If a city attorney fails either to cause a notice to appear or to request a warrant to be issued, on a complaint initially filed with the municipal court, the municipal judge may, upon affidavits filed with him or her alleging the violation of an ordinance, order the city attorney to institute proceedings against any person. Any such municipal judge shall be disqualified from sitting in any case wherein such order was entered and is further prohibited from communicating about such case with the municipal judge pro tem appointed by the municipal judge to preside therein.

K.S.A. 12-4204. Notice to appear; contents; form. A notice to appear shall describe the offense charged, shall summon the accused person to appear, shall contain a space in which the accused person may agree, in writing, to appear at a time not less than five (5) days after such notice to appear is given, unless the accused person shall demand an earlier hearing. A notice to appear may be signed by a municipal judge, the clerk of the municipal court. the city attorney, or any law enforcement officer of the city. A Public Enforcement Officer designated by the City Manager may sign a notice to appear for violation of a municipal ordinance that the officer’s division enforces.

A notice to appear shall be deemed sufficient if in substantially the form of the notice to appear set out in K.S.A. 12-4205 or if in substantially the following form, to wit:

IN THE MUNICIPAL COURT OF RUSSELL, KANSAS

 

The City of Russell, Kansas

 

vs.

                                        

(Accused person)

                                        

(Address)

 

NOTICE TO APPEAR

 

The City of Russell, Kansas, To The Above Named Accused Person.

 

You are hereby summoned to appear before the Municipal Court of Russell, Kansas, on the __ day of ___ 20 __ , at __ o’clock, __ .m., to answer a complaint charging you with                                                                                                                 .

If you fail to appear a warrant will be issued for your arrest.

Dated _______ , 20___

 

                                        

Signature of Official

                                        

Title of Official

 

I agree to appear in said Court at said time and place.

                                        

Signature of Accused Person

 

RETURN

The undersigned hereby certifies that on the day of ___ , 20 __ , the notice to appear was served, mailed, or delivered.

 

                                        

Signature of Official

                                        

Title of Official

 

K.S.A. 12-4207. Same; service; return. The notice to appear shall be served upon the accused person by delivering a copy to him or her personally, or by leaving it at the dwelling house of the accused person or usual place of abode with some person of suitable age and discretion then residing therein, or by mailing it to the last known address of said person. A notice to appear may be served by any law enforcement officer within the state and, if mailed, shall be mailed by a law enforcement officer of the municipality of its issuance or the clerk of the municipal court. A Public Enforcement Officer designated by the City Manager may serve or mail a notice to appear for violation of a municipal ordinance that the officer’s division enforces. Upon service by mail, the law enforcement officer. Clerk of Municipal Court or Public Enforcement Officer shall execute a verification to be filed with a copy of the notice to appear. Said verification shall be deemed sufficient if in substantially the following form:

The undersigned hereby certifies that on the ___ day of ___ , 20 __ , a copy of notice to appear was mailed to ______________ at ________ _

 

                                        

Signature of Official

                                        

Title of Official

Section 3. Public Enforcement Officer Defined.

Public Enforcement Officer means each of those persons designated by the City Manager from time to time in animal control, building and code enforcement, fire protection, health and sanitation and zoning and planning as being a person authorized to sign complaints and sign and serve notices to appear for municipal court proceedings that pertain to the violation of a municipal ordinance that is enforced by the officer’s division.