Printable Format12-4113. Definitions. As used in this act:
(a) "Appearance bond" means an undertaking, with or without security, entered into by a person in custody by which the person is bound to comply with the conditions of the undertaking.
(b) "Accused person" means a person, corporation or other legal entity accused by a complaint of the violation of a city ordinance.
(c) "Arraignment" means the formal act of calling the person accused of violating an ordinance before the municipal 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 sentence.
(d) "Arrest" means the taking of a person into custody in order that the person will appear to answer for the violation of an ordinance. The giving of a notice to appear is not an arrest.
(e) "Bail" is the security given for the purpose of insuring compliance with the terms of an appearance bond.
(f) "City attorney" means any attorney who represents the city in the prosecution of an accused person for the violation of a city ordinance.
(g) "Complaint" means a sworn written statement, or a written statement by a law enforcement officer, of the essential facts constituting a violation of an ordinance.
(h) "Custody" means the restraint of a person pursuant to an arrest.
(i) "Detention" means the temporary restraint of a person by a law enforcement officer.
(j) "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 ordinances of any municipality thereof.
(k) "Notice to appear" is a written notice to a person accused by a complaint of having violated an ordinance of a city to appear at a stated time and place to answer to the charge of the complaint.
(l) "Subpoena" is a process issued by the court to cause a witness to appear and give testimony at a time and place therein specified.
(m) "Ordinance traffic infraction" is a violation of an ordinance that proscribes or requires the same behavior as that proscribed or required by a statutory provision that is classified as a traffic infraction in K.S.A. 8-2118, and amendments thereto.
(n) "Warrant" is a written order made by a municipal judge directed to any law enforcement officer commanding the officer to arrest the person named or described in it.
(o) "Ordinance cigarette or tobacco infraction" is a violation of an ordinance that proscribes the same behavior as proscribed by subsection (m) or (n) of K.S.A. 79-3321, and amendments thereto.
History: L. 1973, ch. 61, § 12-4113; L. 1984, ch. 78, § 1; L. 1984, ch. 39, § 27; L. 1996, ch. 214, § 18; July 1.
Cross References to Related Sections:
See similar definitions in code of criminal procedure, 22-2202.
Law Review and Bar Journal References:
"A Comment on Kansas' New 'Drunk Driving' Law," Joseph Brian Cox and Donald G. Strole, 51 J.K.B.A. 230, 233 (1982).
Attorney General's Opinions:
Appearance and conditions of release; appearance bonds. 83-138.
Prosecution for state statute violation occurring within a city. 84-32.
Reporting of abuse or neglect of children; court services officers. 89-100.
DUI; mandatory imprisonment; custody of law enforcement officials. 93-20.
Fingerprinting of suspects charged with certain municipal ordinance violations. 94-13.
Code for municipal courts; fire department personnel; prosecution and arrest; cities' powers of home rule. 94-23.
Authority of tribal law enforcement officers to enforce state law on Indian reservations. 94-152.
Municipal courts; jurisdiction over juveniles charged with cigarette and tobacco infractions. 96-83.
Municipal courts; disclosure of records of juvenile charged with tobacco ordinance infraction. 1998-36.
Jurisdiction of school law enforcement officer based on location, as well as control or ownership of property. 2002-39.
The Uniform Mandatory Disposition of Detainers Act and the Agreement on Detainers do not apply to ordinance violations. 2002-48.
CASE ANNOTATIONS
1. Cited; prior theft (K.S.A. 21-3701) convictions serve to classify felony theft at sentencing to enhance sentence; municipal conviction valid. State v. Hanks, 10 Kan. App. 2d 666, 670, 708 P.2d 991 (1985).
2. Traffic citation not required to be admitted into evidence for charge upon which prosecution sought. City of Overland Park v. Povirk, 262 Kan. 531, 941 P.2d 369 (1997).
3. Execution of appearance bond means it needs to be signed. City of Dodge City v. Reyes, 35 Kan. App. 2d 756, 759, 133 P.3d 1291 (2006).