History: L. 1973, ch. 61, § 12-4201; April 1, 1974.
The City of __________, __________,
vs.
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________ The undersigned, complains that on or about the ____ day of __________, A.D., 19__, in the City of __________, County of _____________, and State of Kansas, _____________________________
_________________________________________________________________
did then and there unlawfully ___________________________________
_________________________________________________________________
_________________________________________________________________ in violation of Section ____ of Ordinance No. ____ of the City of
_____________________
______________ Complainant
*Sworn to positively before me, this ____ day of __________, A.D., 19__
______________________________________ Officer authorized to administer oaths
(*This complaint is not required to be sworn if it is signed by a law enforcement officer.)
History: L. 1973, ch. 61, § 12-4202; L. 1984, ch. 78, § 2; July 1.
(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.
History: L. 1973, ch. 61, § 12-4203; L. 2004, ch. 71, § 2; July 1.
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 __________, KANSAS
The City of __________, Kansas
______________,
(Accused person)
______________,
(Address)
The City of __________, Kansas, To The Above Named Accused Person.
You are hereby summoned to appear before the Municipal Court of __________, Kansas, on the ____ day of __________, 19__, 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 __________, 19__.
______________ Signature of Official ______________ Title of Official
I agree to appear in said Court at said time and place.
______________
Signature of Accused Person
The undersigned hereby certifies that on the ____ day of __________, 19__, the notice to appear was served, mailed or delivered.
______________ Law Enforcement Officer
History: L. 1973, ch. 61, § 12-4204; April 1, 1974.
History: L. 1973, ch. 61, § 12-4205; L. 1982, ch. 80, § 1; L. 1984, ch. 78, § 3; Repealed, L. 1990, ch. 41, § 12; Jan. 1, 1991.
History: L. 1990, ch. 41, § 11; Jan. 1, 1991.
History: L. 1973, ch. 61, § 12-4206; April 1, 1974.
The undersigned hereby certifies that on the ____ day of __________, 19__, a copy of notice to appear was mailed to ______________ at ______________, ______________,
______________ Signature of Law Enforcement Officer or Clerk of Municipal Court
History: L. 1973, ch. 61, § 12-4207; April 1, 1974.
OF __________, KANSAS
The City of __________, Kansas
______________, Accused Person
______________
(Address)
The City of __________, Kansas to the Chief of Police of __________, Kansas, or any duly authorized law enforcement officer of the state of Kansas:
Whereas, a sworn complaint in writing has been made to me and it appearing that there is probable cause to believe that on or about the ____ day of __________, 19__ within the corporate limits of the above City, the above-named accused person did unlawfully:
Therefore you are commanded to forthwith arrest the above-named accused person and bring said accused person before this Court to be dealt with according to law.
Given under my hand this ____ day of __________, 19__.
______________
Municipal Judge
__________, Kansas
The amount of the appearance bond is hereby set to be $__________ for the appearance of the accused person before the Municipal Court of __________, Kansas, on the ____ day of __________, 19__, at ____ o'clock _.m.
______________
Municipal Judge
I hereby certify that I have executed the within warrant by arresting the named accused person (and taking a bond in the sum of $__________ as security for appearance before the Municipal Court of __________, Kansas.)
This is to certify that I have made a diligent search for the within-named accused person but have been unable to find same.
City: ______________
Date: ______________
______________ Signature ______________ Title
History: L. 1973, ch. 61, § 12-4208; April 1, 1974.
(b) More than one warrant or notice to appear may be issued on the same complaint.
(c) If a defendant fails to appear in response to a notice to appear, a warrant shall be issued.
(d) Affidavits or sworn testimony in support of the probable cause requirements of this section shall not be made available for examination without a written order of the municipal judge, except that such affidavits or testimony, when requested, shall be made available to the defendant or the defendant's counsel for such disposition as either may desire.
(e) No warrant shall issue for an ordinance traffic infraction or an ordinance cigarette or tobacco infraction unless the person charged has received service of a notice to appear and has failed to appear for the infraction.
History: L. 1973, ch. 61, § 12-4209; L. 1984, ch. 39, § 28; L. 1996, ch. 214, § 19; L. 2004, ch. 71, § 3; July 1.
History: L. 1973, ch. 61, § 12-4210; April 1, 1974.
(a) He or she has a warrant commanding that such person be arrested; or
(b) he or she has reason to believe that a warrant for the person's arrest has been issued by any municipal court; or
(c) he or she has probable cause to believe that the person is committing or has committed a violation of an ordinance, and the law enforcement officer has probable cause to believe that such person will not be apprehended or evidence of the violation of the ordinance will be irretrievably lost unless such person is immediately detained, or such person may cause injury to himself, herself or others or damage to property unless immediately detained; or
(d) any violation of an ordinance has been or is being committed by such person in his or her view.
A law enforcement officer having detained a person pursuant to the preceding paragraph, except subsection (a) or (b) thereof, may release the person or may prepare and serve upon such person a complaint and notice to appear, as provided by K.S.A. 12-4204 or 12-4205 and shall then release such accused person from such detention, except in such instances where the law enforcement officer has power and authority to arrest such accused person as hereinafter set forth.
History: L. 1973, ch. 61, § 12-4211; April 1, 1974.
(1) The officer has a warrant commanding that the person be arrested.
(2) A warrant for the person's arrest has been issued by a municipal court in this state.
(3) The officer has probable cause to believe that the person is committing or has committed a violation of an ordinance and that the person has intentionally inflicted bodily harm to another person.
(4) The law enforcement officer detained the person pursuant to subsection (c) or (d) of K.S.A. 12-4211 and amendments thereto and:
(A) The person refuses to give a written promise to appear in court when served with a notice to appear;
(B) the person is unable to provide identification of self by presenting a valid driver's license or other identification giving equivalent information to the law enforcement officer;
(C) the person is not a resident of the state of Kansas; or
(D) the law enforcement officer has probable cause to believe that the person may cause injury to self or others or may damage property unless immediately arrested.
(b) A law enforcement officer may not arrest a person who is charged only with committing an ordinance traffic infraction or an ordinance cigarette or tobacco infraction unless the person charged has received service of a notice to appear and has failed to appear for the infraction.
History: L. 1973, ch. 61, § 12-4212; L. 1984, ch. 127, § 1; L. 1984, ch. 39, § 29; L. 1985, ch. 78, § 3; L. 1996, ch. 214, § 20; July 1.
(b) A law enforcement officer may detain a person arrested for violation of a municipal ordinance in protective custody for a period not to exceed six hours, including custody in a city or county jail, if such officer has probable cause to believe that: (1) Such person may cause injury to oneself or others, or damage to property; and (2) there is no responsible person or institution to which such person might be released. Any person so held in protective custody shall be permitted to consult with counsel or other persons who may act on such person's behalf. Such person held in protective custody for six hours shall be given an opportunity to post bond for such person's appearance in the municipal court.
(c) Any person held in custody pursuant to the provisions of this section, and who has not made bond for such person's appearance, may be held in custody until the earliest practical time for such person's appearance in municipal court upon a warrant being issued by the municipal court in accordance with K.S.A. 12-4209, and amendments thereto.
(d) Any person who remains in custody for 48 hours pursuant to the provisions of this section after arrest, and who is awaiting a first appearance before a municipal judge in the absence of a warrant being issued, shall be released on the person's personal recognizance. Bond shall be set within 18 hours of the person being placed in custody.
History: L. 1973, ch. 61, § 12-4213; L. 1987, ch. 76, § 1; L. 2004, ch. 71, § 4; July 1.
(b) In lieu of the law enforcement officer entering the appropriate fine for an ordinance traffic infraction, the officer may direct the person charged with an ordinance traffic infraction to contact the clerk of the municipal court to determine the applicable fine or provide the person with a copy of the fine schedule established by the municipal judge in accordance with K.S.A. 12-4305 and amendments thereto.
(c) When a person is charged with an ordinance cigarette or tobacco infraction, the judge may require the juvenile to appear in court with a parent or legal guardian.
(d) This section shall be a part of and supplemental to the provisions of article 42 of chapter 12 of the Kansas Statutes Annotated and acts amendatory thereof or supplemental thereto.
History: L. 1985, ch. 78, § 1; L. 1996, ch. 214, § 21; L. 1998, ch. 192, § 1; May 28.