A CHARTER ORDINANCE AMENDING SECTION 2 OF CHARTER ORDINANCE NO. 6 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. That Section 2, of Charter Ordinance No. 6 shall be amended as follows:

(a)   Except as provided in subsection (b), 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 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. 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 municipa1 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 (i) there has been the commission of a violation of a municipal ordinance;(ii) the accused person committed such violation, and (iii) 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.

(b)   If a law enforcement officer is the complainant, he or she may serve a notice to appear upon an accused person prior to the service of the complaint upon such person, provided: (i) a copy of the notice to appear and complaint shall be filed with the municipal court not later than 9:00 a.m. of the next business day of the municipal court following the day the notice to appear was served upon the accused person; (ii) a copy of the complaint shall be available to the accused person at the office of the clerk of the municipal court after 9:00 a.m. of the next business day of the municipal court following the day the notice to appear was served upon the accused person; and (iii) the city attorney shall serve a copy of the complaint upon the accused person at this or her initial appearance or arraignment in the municipal court.

(04-22-1985)