36 Sign and Serve Municipal court Complaints or Notice to Appear
(Published in the Salina Journal May JlL and May I)j, 2010)
(Effective July4, 2010)
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CHARTER ORDINANCE NO. 36
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A CHARTER ORDINANCE EXEMPTING THE CITY FROM THE PROVISIONS OF
K.S.A. ~~ 12-4202, 12-4203, 12-4204, AND 12-4207 REGARDING PUBLIC OFFICIALS WITH THE
AUTHORITY TO SIGN AND SERVE A MUNICIPAL COURT COMPLAINT OR NOTICE TO
APPEAR AND REPEALING THE PORTION OF SECTION 23-1 OF THE SALINA MUNICIPAL
CODE THAT APPLIES TO THE FOREGOING PROVISIONS
Be it ordained by the governing body of the City of Salina, Kansas:
Section 1. Election to exempt. The City of Salina, Kansas (the "City"), by virtue of the powers vested in it
by Article 12, Section 5 of the Constitution of the State of Kansas, hereby elects to exempt itself from the
provisions of Sections 12-4202, 12-4203, 12-4204, and 12-4207, Kansas Statutes Annotated, that apply to
the City, but do not apply uniformly to all cities, and provide substitute provisions as set forth below.
Section 2. Substitute provisions.
K.S.A. 12-4202. Complaint; requirements; form. A complaint shall be in writing and shall be signed by the
complainant. More than one violation may be charged in the same complaint. A complaint shall be deemed
sufficient ifin substantially the form of the complaint set forth in KS.A. 12-4205 and amendments thereto or
in substantially the following form:
IN THE MUNICIPAL COURT OF SALINA, KANSAS
The City of Salina, Kansas
vs.
(Accused person)
The undersigned, complains that on or about the _ day of - , 20_,
in the City of Salina, County of Saline, and State of Kansas, did then and there
unlawfully
in violation of Section ~ of Ordinance No. ~ of the City of Salina.
Complainant
*Sworn to positively before me, this _ day of
,20_
Officer authorized to administer oaths
*(This complaint is not required to be sworn if it is signed by a law enforcement officer. This complaint is
not required to be sworn if it is signed by a code enforcement officer or an animal control officer designated
by the City Manager and pertains to the violation of a municipal ordinance that the officer's division
enforces.)
12-4203. Same; how used; issuance of warrant; refusal to issue; effect.
(a) 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 forthwith, the complaint shall 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. A code enforcement officer or an
animal control officer designated by the City Manager may serve upon the accused person a copy of the
complaint, together with a notice to appear for violation of a municipal ordinance that the officer's
division enforces and forthwith, the complaint shall be filed with the municipal court.
(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.
12-4204. 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 five (5) 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 code enforcement officer
or an animal control officer designated by the City Manager may sign a notice to appear for violation of a
municipal ordinance that the officer's division enforces.
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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 SALINA, KANSAS
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The City of Salina, Kansas
vs.
(Accused person)
(Address)
NOTICE TO APPEAR
The City of Salina, Kansas, To The Above Named Accused Person.
You are hereby summoned to appear before the Municipal Court of Salina, Kansas, on the _ day
of , 20_, 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 ,20_.
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
appear was served, mailed, or delivered.
, 20 ~ the notice to
Signature of Official
Title of Official
12-4207. Same; service; return. The notice to appear shall be served upon the accused person by delivering
a copy to him or her personally, or by leaving it at the dwelling house of the accused person or usuafplace of
abode with some person of suitable age and discretion then residing therein, or by mailing it to the last
known address of said person. A notice to appear may be served by any law enforcement officer within the
state and, if mailed, shall be mailed by a law enforcement officer of the municipality of its issuance or the
clerk of the municipal court. A code enforcement officer or an animal control officer designated by the City
Manager may serve or mail a notice to appear for violation of a municipal ordinance that the officer's
division enforces. Upon service by mail, the law enforcement officer, code enforcement officer, or animal
control officer shall execute a verification to be filed with a copy of the notice to appear. Said verification
shall be deemed sufficient if in substantially the following form:
The undersigned hereby certifies that on the _ day of
appear wa~ mailed to at ,
, 20 ~ a copy of notice to
Signature of Official
Title of Official
Section 3. Repealer. The portion of Section 23-1 of the Salina Municipal Code that applies to K.S.A. 12~
4202, 12-4203, 12-4204, and 12-4207 and any other ordinances or resolutions in conflict herewith are hereby
repealed.
Section 4. Publication of ordinance. This Charter Ordinance shall be published once each week for two
consecutive weeks in the Salina Journal, the official city newspaper.
Section 5. Effective date. This Charter Ordinance shall take effect sixty (60) days after final publication,
unless a sufficient petition is filed and a referendum held on the ordinance as provided in Article 12, Section
5(c) of the Kansas Constitution, in which case this Charter Ordinance shall become effective upon approval
by a majority of the electors voting thereon.
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Passed by the governing body, not less than two-thirds of the members elect voting in favor thereof.
Introduced: May 10, 2010
PassrJ= ()May 17,2010
f{"- &./~
Aaron G. Peck, Mayor
[SEAL]
~r;'A' _
Lieu Ann Elsey, Ci~~ -