32-1049. Citation; notice. (a) Whenever a person is charged for any violation of any of the wildlife, parks and tourism laws of this state or the provisions of article 11 of chapter 32 of the Kansas Statutes Annotated, and amendments thereto, or rules and regulations adopted thereunder, punishable as a misdemeanor and is not immediately taken before a judge of the district court as required or permitted pursuant to K.S.A. 32-1048 and 32-1179, and amendments thereto, the officer may prepare a written citation containing a notice to appear in court, the name and address of the person, the offense charged, the time and place when and where the person shall appear in court and such other pertinent information as may be necessary.
(b) The time specified in the citation must be at least five days after the alleged violation unless the person charged with the violation shall demand an earlier hearing.
(c) The place specified in the citation must be before a judge of the district court within the county in which the offense is alleged to have been committed and who has jurisdiction of the offense and is nearest or most accessible with reference to the place where the alleged violation occurred.
(d) The person charged with the violation may give a written promise to appear in court by signing at least one copy of the written citation prepared by the officer, in which event the officer shall deliver a copy of the citation to the person, and thereupon the officer shall not take the person into physical custody for the violation.
(e) In the event the form of citation provided for in this section includes information required by law and is signed by the officer preparing the same, such citation when filed with a court having jurisdiction shall be deemed to be a lawful complaint for the purpose of prosecution under law.
History: L. 1975, ch. 223, § 1; L. 1976, ch. 145, § 157; L. 1986, ch. 150, § 2; L. 1989, ch. 118, § 135; L. 2012, ch. 47, § 63; L. 2017, ch. 25, § 3; July 1.
Structure Kansas Statutes
Chapter 32 - Wildlife, Parks And Recreation
32-1001 Licenses, permits, stamps and other issues of the department; unlawful acts; penalties.
32-1003 Unlawful methods of taking wildlife; penalties.
32-1005 Commercialization of wildlife.
32-1006 Coyotes, moles, gophers.
32-1012 Application of prohibitions regarding nongame or endangered species.
32-1013 Taking wildlife without permission on land posted "by written permission only"; penalties.
32-1014 Obstruction or impeding of lawful activities.
32-1015 Miscellaneous violations.
32-1031 Violations; penalties.
32-1032 Big game and wild turkey violations; penalties.
32-1033 Unlawful taking of endangered species.
32-1034 Second conviction for obstruction or impeding of lawful activities.
32-1040 Violations by 16- and 17-year-olds.
32-1041 Forfeiture or suspension of license, permit, stamp or other issue.
32-1047 Seizure of wildlife, devices, equipment and firearms; disposition.
32-1048 Conservation officers and employees; arrest powers.
32-1051 Law enforcement officers' duties.
32-1053 County or district attorneys' duties; prosecution fee.
32-1054 Report of prosecutions.
32-1061 Wildlife violator compact; enactment of compact.
32-1062 Same; rules and regulations.
32-1064 Same; licensing authority; duties.
32-1065 Same; compact administrator, compensation and expenses.
32-1066 Same; board of compact administrators; appointment of state administrator.
32-1071 State sovereignty over non-migratory wildlife act; citation of act.
32-1074 Same; non-migratory nature of lesser and greater prairie chickens.
32-1075 Same; regulation of prairie chickens and prairie chicken habitats in Kansas.
32-1076 Same; enforcement of act.