19-4701 Citation of act.
19-4701. Citation of act. The provisions of K.S.A. 19-4701 through 19-4738 may be cited as the code for the enforcement of county codes and resolutions. History: L. 1988, ch. 102, § 5; April 21.
19-4702 Scope.
19-4702. Scope. This code governs the practice and procedure for the law enforcement and prosecution of county codes and resolutions in the district court as authorized under the provisions of K.S.A. 19-101d, and amendments thereto. History: L. 1988, ch. 102, § 6; April 21.
19-4703 Intent; construction; procedure not provided for.
19-4703. Intent; construction; procedure not provided for. This code is intended to provide for the just determination of violations of county codes and resolutions. Its provisions shall be construed to secure simplicity in procedure, fairness in administration and the elimination of unjustifiable expense and delay. If no procedure is provided by this code, the court […]
19-4704 District court; jurisdiction.
19-4704. District court; jurisdiction. The district court shall have jurisdiction to hear and determine cases under the procedures prescribed in this act for violation of all county codes and resolutions, but this code shall not apply to nor be utilized for the prosecution of any action which is defined as a traffic offense. History: L. […]
19-4705 Presiding judge; compensation.
19-4705. Presiding judge; compensation. Any action brought in accordance with the code shall be presided over by a district court judge designated by the chief judge of the district court presiding in the county or a judge pro tem who shall be appointed by and serve at the pleasure of the chief judge of the […]
19-4706 Prosecution of actions.
19-4706. Prosecution of actions. The county counselor, such counselor’s designee or such other attorney as the board of county commissioners shall specifically designate shall prosecute all actions brought pursuant to the code. History: L. 1988, ch. 102, § 10; April 21.
19-4707 Cost of enforcement; assessment; disposition.
19-4707. Cost of enforcement; assessment; disposition. (a) Except as provided in subsection (b), no person shall be assessed costs for enforcement and prosecution of violations of county codes and resolutions pursuant to this code, except for witness fees and mileage as set forth in K.S.A. 19-4726, and amendments thereto. (b) The court shall assess as […]
19-4708 Definitions.
19-4708. Definitions. As used in this act: (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 […]
19-4709 Commencement of prosecution.
19-4709. Commencement of prosecution. The prosecution for the violation of county codes and resolutions pursuant to this code shall be commenced by the filing of a complaint with the district court. History: L. 1988, ch. 102, § 13; April 21.
19-4710 Complaint; sufficiency.
19-4710. Complaint; sufficiency. 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 if in substantial compliance with the form set forth by the judicial council. History: L. 1988, ch. 102, § 14; L. 2006, […]
19-4711 Service of complaint and notice to appear.
19-4711. Service of complaint and notice to appear. A copy of the complaint shall be served, together with a notice to appear, by a law enforcement officer or code enforcement officer upon the accused person, and forthwith, the complaint shall be filed with the district court, except that a complaint may be filed initially with […]
19-4712 Notice to appear; contents; sufficiency.
19-4712. Notice to appear; contents; sufficiency. 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 days after such notice to appear is given, unless the accused […]
19-4713 Uniform complaint and notice to appear; sufficiency.
19-4713. Uniform complaint and notice to appear; sufficiency. In all cases a complaint and notice to appear may be made in the form of the uniform complaint and notice to appear which shall be deemed sufficient if in substantial compliance with the form set forth by the judicial council. History: L. 1988, ch. 102, § […]
19-4714 Notice to appear; when used.
19-4714. Notice to appear; when used. A notice to appear shall be used in all cases involving the violation of a county code or resolution. History: L. 1988, ch. 102, § 18; April 21.
19-4715 Same; service; procedure; verification, sufficiency.
19-4715. Same; service; procedure; verification, sufficiency. The notice to appear shall be served upon the accused person by delivering a copy to such person personally, or by leaving it at the dwelling house of the accused person or usual place of abode with some person of suitable age and discretion then residing therein, or by […]
19-4715a Electronic citations.
19-4715a. Electronic citations. (a) As used in this section: (1) “Electronic citation” means a charging citation, complaint or notice to appear which is prepared by a law enforcement officer in an electronic data device with intent that the data collected will be electronically filed with a court as provided in K.S.A. 19-4709 through 19-4715, and […]
19-4716 Schedule of fines for violations; waiver of right to trial; voluntary appearance; plea of guilty or no contest.
19-4716. Schedule of fines for violations; waiver of right to trial; voluntary appearance; plea of guilty or no contest. (a) The board of county commissioners shall establish a schedule of fines which shall be imposed for violations of county codes and resolutions. Any fine established shall be within the minimum and maximum allowable fines established […]
19-4717 Time of plea.
19-4717. Time of plea. Every person charged with violation of a county code or resolution shall receive a copy of the complaint, and shall not be required to plead until such person shall have had a reasonable time to examine such complaint, to obtain counsel and to determine such person’s plea. History: L. 1988, ch. […]
19-4718 Appearance of accused person.
19-4718. Appearance of accused person. (a) The judge may compel the appearance of an accused person. Upon verified application of the attorney prosecuting any complaint or upon a finding of cause by the court that any accused person has or will fail to appear on any summons and notice to appear, the judge may: (1) […]
19-4719 Time of arraignment.
19-4719. Time of arraignment. Accused persons shall be arraigned: (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.