A CHARTER ORDINANCE EXEMPTING THE CITY OF HAYSVILLE, KANSAS FROM K.S.A. 12-4203 AND 12-4204, AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS FOR THE SAME SUBJECT RELATING TO THE CODE OF PROCEDURE FOR MUNICIPAL COURTS.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF HAYSVILLE, KANSAS:
SECTION 1. That the City of Haysville, Kansas a mayor-council city of the second class, by the power invested in it by Article 12, Section 5 of the Constitution of the State of Kansas, hereby elects to and exempts itself from and makes inapplicable to it the provisions of K.S.A. 12-4203 and 12-4204 and provide substitute and additional provisions as hereinafter set forth in this ordinance. Such referenced provisions are either enactments or a part thereof which are applicable to first-class cities, but are not applicable uniformly to all cities.
SECTION 2. 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 the complaint shall
forthwith be filed with the municipal court, except that a com plaint 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. The city attorney shall
cause a notice to appear to be issued unless he has good reason to believe that
the accused person will not appear in response to a notice to appear, in which case
he may request that a warrant be issued. Such warrant will be issued if the
complaint is positively sworn to and the municipal judge or, in the absence of
the judge but pursuant to his written authorization, the municipal court clerk
or assistant clerk has probable cause to believe that (a) there has been the commission
of a violation of a municipal ordinance; (b) the accused person committed such
violation, and (c) the accused person will not appear in response to a notice
to appear.
If the 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 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 to preside therein.
SECTION 3. 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 ten (10) 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 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
IN THE CITY OF ________________, KANSAS
vs.
________________
ACCUSED PERSON
________________
ADDRESS
NOTICE TO APPEAR
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 ________________, ____, 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 _____________________, _____.
________________
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
_________________________, _____, the notice to appear was served, mailed, or delivered
________________
Law Enforcement Officer
(08-22-1977; Revised by C.O. No. 6A)