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 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 fines and penalties.
(c) "Arrest" means the taking of a person into custody. The giving of a notice to appear is not an arrest.
(d) "Code enforcement officer" means any person who is appointed to administer or enforce county codes or resolutions adopted by the board of county commissioners and who are designated by resolution of such board as responsible code enforcement officials.
(e) "Complaint" means a sworn written statement, or a written statement by a law enforcement officer or code enforcement officer, of the essential facts constituting a violation of a county code or resolution.
(f) "County counselor" is the county counselor as appointed by the board of county commissioners or the county counselor's designee, or for the purposes of this act, such attorney as the board of county commissioners shall specifically designate.
(g) "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 resolutions of any county thereof, except such term shall not include code enforcement officers.
(h) "Notice to appear" is a written notice to a person accused by a complaint of having violated a county code or resolution to appear at a stated time and place to answer to the charge of the complaint.
(i) "Subpoena" is a process issued by the court to cause a witness to appear and give testimony at a time and place therein specified.
(j) "Traffic offense" is a violation of a county code or resolution that proscribes or requires the same behavior as that proscribed or required by the uniform act regulating traffic on highways, except such term shall not include any violation concerning parking in a prohibited area, abandonment of a motor vehicle or operation of a motor vehicle on property owned by the county.
(k) "Warrant" is a written order made by a judge directed to any law enforcement officer, commanding the officer to arrest the person named or described in it.
History: L. 1988, ch. 102, ยง 12; April 21.
Structure Kansas Statutes
Chapter 19 - Counties And County Officers
Article 47 - Code For The Enforcement Of County Codes And Resolutions
19-4703 Intent; construction; procedure not provided for.
19-4704 District court; jurisdiction.
19-4705 Presiding judge; compensation.
19-4706 Prosecution of actions.
19-4707 Cost of enforcement; assessment; disposition.
19-4709 Commencement of prosecution.
19-4710 Complaint; sufficiency.
19-4711 Service of complaint and notice to appear.
19-4712 Notice to appear; contents; sufficiency.
19-4713 Uniform complaint and notice to appear; sufficiency.
19-4714 Notice to appear; when used.
19-4715 Same; service; procedure; verification, sufficiency.
19-4715a Electronic citations.
19-4718 Appearance of accused person.
19-4721 Pleas; refusal to plead.
19-4722 Procedure upon plea of guilty.
19-4723 Criminal procedure code, applicable; motions.
19-4725 Discovery; depositions.
19-4726 Subpoenas; witnesses' expenses; abuse of subpoenas.
19-4727 Plea of not guilty; trial; time; continuance.
19-4729 Same; order of presentation.
19-4731 Amendments to complaint.
19-4732 Joinder of two or more accused persons.
19-4734 Judgment entered on docket.
19-4735 Fine; statement of amount and manner of payment; failure to pay.