History: L. 1988, ch. 102, § 5; April 21.
History: L. 1988, ch. 102, § 6; April 21.
History: L. 1988, ch. 102, § 7; April 21.
History: L. 1988, ch. 102, § 8; April 21.
History: L. 1988, ch. 102, § 9; L. 1999, ch. 57, § 5; July 1.
History: L. 1988, ch. 102, § 10; April 21.
(b) The court shall assess as a cost in each case filed for violations of county codes and resolutions, a $20 assessment. The judge or clerk of the court shall remit $2 of such assessments received to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount of the remittance in the state treasury and credit 50% to the protection from abuse fund established pursuant to K.S.A. 74-7325, and amendments thereto, and 50% to the crime victims assistance fund established pursuant to K.S.A. 74-7334, and amendments thereto. The remaining additional court costs shall be paid over to the county treasurer of the county where they are imposed for deposit in the county general fund.
History: L. 1988, ch. 102, § 11; L. 1994, ch. 335, § 3; L. 1996, ch. 234, § 8; L. 2001, ch. 5, § 67; L. 2002, ch. 199, § 3; July 1.
(a) "Accused person" means a person, corporation or other legal entity accused by a complaint of the violation of a county code or resolution.
(b) "Arraignment" means the formal act of calling the person accused of violating a county code or resolution before the district court to inform the person of the offense with which the person is charged, to ask the person whether the person is guilty or not guilty and, if guilty, to impose fines and penalties.
(c) "Arrest" means the taking of a person into custody. The giving of a notice to appear is not an arrest.
(d) "Code enforcement officer" means any person who is appointed to administer or enforce county codes or resolutions adopted by the board of county commissioners and who are designated by resolution of such board as responsible code enforcement officials.
(e) "Complaint" means a sworn written statement, or a written statement by a law enforcement officer or code enforcement officer, of the essential facts constituting a violation of a county code or resolution.
(f) "County counselor" is the county counselor as appointed by the board of county commissioners or the county counselor's designee, or for the purposes of this act, such attorney as the board of county commissioners shall specifically designate.
(g) "Law enforcement officer" means any person who by virtue of office or public employment is vested by law with a duty to maintain public order and to make arrests for violation of the laws of the state of Kansas or resolutions of any county thereof, except such term shall not include code enforcement officers.
(h) "Notice to appear" is a written notice to a person accused by a complaint of having violated a county code or resolution to appear at a stated time and place to answer to the charge of the complaint.
(i) "Subpoena" is a process issued by the court to cause a witness to appear and give testimony at a time and place therein specified.
(j) "Traffic offense" is a violation of a county code or resolution that proscribes or requires the same behavior as that proscribed or required by the uniform act regulating traffic on highways, except such term shall not include any violation concerning parking in a prohibited area, abandonment of a motor vehicle or operation of a motor vehicle on property owned by the county.
(k) "Warrant" is a written order made by a judge directed to any law enforcement officer, commanding the officer to arrest the person named or described in it.
History: L. 1988, ch. 102, § 12; April 21.
History: L. 1988, ch. 102, § 13; April 21.
History: L. 1988, ch. 102, § 14; L. 2006, ch. 62, § 1; July 1.
If a county counselor fails to cause a notice to appear on a complaint initially filed with the district court pursuant to this code, the judge, upon affidavits filed with such judge alleging the violation of a county code or resolution, may order the county counselor to institute proceedings against any person.
History: L. 1988, ch. 102, § 15; April 21.
A notice to appear shall be deemed sufficient if in substantial compliance with the form set forth by the judicial council.
History: L. 1988, ch. 102, § 16; L. 2006, ch. 62, § 2; July 1.
History: L. 1988, ch. 102, § 17; L. 2006, ch. 62, § 3; July 1.
History: L. 1988, ch. 102, § 18; April 21.
History: L. 1988, ch. 102, § 19; L. 2006, ch. 62, § 4; July 1.
(b) A person charged with the violation of a county code or resolution contained in a schedule of fines established under subsection (a) shall, except as provided in subsection (c), appear at the place and time specified in the notice to appear. If the person enters an appearance, waives right to trial, pleads guilty or no contest, the fine shall be no greater than that specified in the schedule.
(c) Prior to the time specified in the notice to appear, a person charged with the violation of a county code or resolution contained in a schedule of fines established under subsection (a) may enter an appearance, waive right to trial, plead guilty or no contest and pay the fine for the violation as specified in the schedule. At the election of the person charged, such appearance, waiver, plea and payment may be made by mail or in person and payment may be by personal check. The complaint shall not have been complied with if a check is not honored for any reason, or the fine is not paid in full prior to the time specified in the notice to appear. When a person charged with violating a county code or resolution on a schedule of fines makes payment without executing a written waiver of right to trial and plea of guilty or no contest, the payment shall be deemed such an appearance, waiver of right to trial and plea of no contest.
The judge may authorize the clerk of the district court or some other person to accept by mail or in person such voluntary appearance, plea of guilty or no contest and payment of the fine imposed by the schedule.
The schedule of fines and persons authorized to accept such pleas shall be conspicuously displayed in the office where such voluntary appearance, plea of guilty and payment of fine occurs.
(d) No person who violates a county code or resolution and is prosecuted under this code shall be imprisoned for such violation.
History: L. 1988, ch. 102, § 20; April 21.
History: L. 1988, ch. 102, § 21; April 21.
(1) Issue an order to appear in the manner provided in K.S.A. 19-4715, and amendments thereto, for notices to appear, which shall then be punishable by a contempt citation should the person fail to comply with the order;
(2) order the posting of an appearance bond in the manner provided under K.S.A. 12-4301 et seq. and amendments thereto; or
(3) issue a bench warrant compelling the appearance of the accused person before the court.
(b) In addition to the procedures provided in K.S.A. 19-4716, and amendments thereto, the judge, upon request, may permit appearance, pleas and satisfaction of the judgment and sentence of the court by counsel or by mail.
History: L. 1988, ch. 102, § 22; L. 1992, ch. 83, § 1; April 23.
(a) At the time specified in the notice to appear; or
(b) if no date be specified, then on the earliest date when the court convenes.
History: L. 1988, ch. 102, § 23; April 21.
History: L. 1988, ch. 102, § 24; April 21.
(b) A plea of no contest is a formal declaration that the accused person does not contest the charge. When such a plea is entered, a finding of guilty may be adjudged thereon. The plea cannot be used against the accused person as an admission in any other action based on the same act.
(c) A plea of not guilty denies and puts into issue every material fact alleged in the charge.
(d) If the accused person refuses to plead, the court shall enter a plea of not guilty.
History: L. 1988, ch. 102, § 25; April 21.
History: L. 1988, ch. 102, § 26; April 21.
History: L. 1988, ch. 102, § 27; April 21.
History: L. 1988, ch. 102, § 28; April 21.
History: L. 1988, ch. 102, § 29; April 21.
Fees and mileage of witnesses shall be $2.50 per day or any part thereof for an appearance and $.10 per mile actually driven beyond 10 miles. The fees and mileage for the attendance of witnesses shall be paid by the party calling the witnesses, except that if an accused person is found not guilty, the county shall pay all such expenses. The judge may direct that fees and mileage of witnesses subpoenaed by the accused person be charged against such person, if the judge finds that there has been an abuse of the use of subpoenas by the accused person.
History: L. 1988, ch. 102, § 30; April 21.
History: L. 1988, ch. 102, § 31; April 21.
History: L. 1988, ch. 102, § 32; April 21.
(a) Opening statement of prosecution, unless waived;
(b) evidence by the prosecution;
(c) opening statement of accused person, unless waived;
(d) evidence by the accused person, unless waived;
(e) rebuttal evidence, unless waived; and
(f) closing arguments, unless waived.
History: L. 1988, ch. 102, § 33; April 21.
History: L. 1988, ch. 102, § 34; April 21.
History: L. 1988, ch. 102, § 35; April 21.
History: L. 1988, ch. 102, § 36; April 21.
History: L. 1988, ch. 102, § 37; April 21.
History: L. 1988, ch. 102, § 38; April 21.
History: L. 1988, ch. 102, § 39; April 21.
History: L. 1988, ch. 102, § 40; April 21.
(b) Any order, ruling, decision or judgment rendered by a district judge on an appeal taken pursuant to subsection (a) may be appealed in the manner provided in article 21 of chapter 60 of the Kansas Statutes Annotated.
History: L. 1988, ch. 102, § 41; L. 1999, ch. 57, § 6; L. 2000, ch. 161, § 102; Jan. 1, 2001.
History: L. 1988, ch. 102, § 42; L. 2006, ch. 62, § 5; July 1.
History: L. 1992, ch. 83, § 3; April 23.