(a)   A Law Enforcement Officer may prepare and deliver to a person a written traffic citation on a form approved by the Division of Motor Vehicles, if the Law Enforcement Officer stops the person for a violation of:

(1)   The uniform act regulating traffic on highways, which violation is a misdemeanor or a traffic infraction;

(2)   K.S.A. 8-262, 8-287, 8-2,144, 21-3610, 21-3610a, 21-3722, 21-3724, 21-3725, 21-3728, 21-4101, 40-3104, 40-3106, 41-715, 41-724, 41-727, 47-607, 66-1,111, 66-1,129, 66-1,139, 66-1,140, 66-273, 66-1314, 66-1324, 66-1330, 66-1331, 66-1332, 68-2104, 68-2106, Subsection (b) of K.S.A. 79-34,122, or K.S.A. 8-1599, and amendments thereto;

(3)   K.S.A. 31-155 and amendments thereto involving transportation of bottle rockets;

(4)   K.S.A. 66-1314 or 66-1328, and amendments thereto, and any rules and regulations adopted pursuant thereto;

(5)   Any rules and regulations adopted pursuant to K.S.A. 2-1212, 68-2001 or 31-146, and amendments thereto;

(6)   Any rules and regulations adopted pursuant to K.S.A. 31-133 and amendments thereto relating to transportation of materials or fuel; or

(7)   K.S.A. 8-1343 through 8-1347 and amendments thereto relating to the child passenger safety act; or

(8)   K.S.A. 8-2501 through 8-2507 and amendments thereto relating to the safety belt use act.

(b)   The citation shall contain a notice to appear in court, the name and address of the person, the type of vehicle the person was driving, whether hazardous materials were being transported, whether an accident occurred, the state registration number of the person’s vehicle, if any, a statement whether the vehicle is a commercial vehicle, whether the person is licensed to drive a commercial motor vehicle, the offense or offenses charged, the time and place when and where the person shall appear in court, the signature of the Law Enforcement Officer, and any other pertinent information.

(c)   The time specified in the notice to appear shall be at least five (5) days after the alleged violation unless the person charged with the violation demands an earlier hearing.

(d)   The place specified in the notice to appear shall be before a judge of the district court within the County in which the offense is alleged to have been committed.

(e)   Except in the circumstances to which Subsection (a) of K.S.A. 8-2104, and amendments thereto, apply, in the discretion of the Law Enforcement Officer, a person charged with a misdemeanor may give written promise to appear in court by signing at least one (1) copy of the written citation prepared by the Law Enforcement Officer, in which event the Law Enforcement Officer shall deliver a copy of the citation to the person and shall not take the person into physical custody.

(f)   When a person is charged with a traffic infraction, the notice to appear shall provide a place where the person may make a written entry of appearance, waive the right to a trial and plead guilty or no contest. The notice to appear shall provide a space where the Law Enforcement Officer shall enter the appropriate fine specified in the uniform fine schedule contained in K.S.A. 8-2118, and amendments thereto, for the violation charged and court costs in the amount provided by law. If the notice to appear does not do so, the Law Enforcement Officer shall provide a person charged with a traffic infraction a form explaining the person’s right to appear and right to a trial, the person’s right to pay the appropriate fine and court costs prior to the appearance date, and that failure to either pay such fine and court costs or appear at the specified time may result in suspension of the person’s driver’s license. The Law Enforcement Officer shall provide the person with the address of the court to which the written entry of appearance, waiver of trial, plea of guilty or no contest and payment of fine and court costs shall be mailed.

(g)   Any officer violating any of the provisions of subsection (f) is guilty of misconduct in office and shall be subject to removal from office.

(Prior Code 2016 §315.010; K.S.A. 8-2106; Code 2021)

(a)   Any person arrested by a Law Enforcement Officer shall be taken immediately by the Law Enforcement Officer to the Police Station of the City or the office in the City designated by the Municipal Judge. At that time, the person shall have the right to post bond for the person’s appearance in accordance with K.S.A. 12-4301 and 12-4302 and amendments thereto, or such schedule as adopted from time to time by the Municipal Court of the City, a copy of which shall be on file with the Municipal Court Clerk.

(b)   A Law Enforcement Officer may detain a person arrested for violation of a municipal ordinance in protective custody for a period not to exceed six (6) hours, including custody in a City or County Jail, if such officer has probable cause to believe that:

(1)   Such person may cause injury to oneself or others or damage to property; and

(2)   There is no responsible person or institution to which such person might be released.

Any person so held in protective custody shall be permitted to consult with counsel or other persons who may act on such person’s behalf. Such person held in protective custody for six (6) hours shall be given an opportunity to post bond for such person’s appearance in the Municipal Court.

(c)   Any person held in custody pursuant to the provisions of this Section, and who has not made bond for such person’s appearance, may be held in custody until the earliest practical time for such person’s appearance in Municipal Court upon a warrant being issued by the Municipal Court in accordance with K.S.A. 12-4209 and amendments thereto.

(d)   Any person who remains in custody for forty-eight (48) hours pursuant to the provisions of this Section after arrest, and who is awaiting a first (1st) appearance before a Municipal Judge in the absence of a warrant being issued, shall be released on the person’s personal recognizance. Bond shall be set within eighteen (18) hours of the person being placed in custody.

(Prior Code 2016 §315.020; K.S.A. 12-4301; Ord. 3020; Code 2021)

(a)   A person having the right to post bond for appearance shall, in order to do so, execute in writing a promise to appear at the Municipal Court at a stated time and place. Such appearance bond shall be in an amount as determined by the Municipal Judge. Unless the Judge makes a specific finding otherwise, every bond for a person charged with an offense that would be a person offense pursuant to State law shall have a condition of release prohibiting the person from having contact with the alleged victim of such offense for a period of at least seventy-two (72) hours. Such bond may be secured by any one (1) of the following methods, and when so secured, such person shall be released from custody. The methods of securing the appearance of an accused person are as follows:

(1)   Payment of cash, except that the Municipal Judge may permit negotiable securities or a personal check in lieu of cash.

(2)   The execution of an appearance bond by a responsible individual residing within the State of Kansas as surety with the approval of the Municipal Judge.

(3)   A guaranteed arrest bond certificate issued by either a surety company authorized to transact such business within the State of Kansas, or an automobile club authorized to transact business in this State by the Commissioner of Insurance, except that such “guaranteed arrest bond certificate” must be signed by the person to whom it is issued and must contain a printed statement that the surety guarantees the appearance of such person and, in the event of failure of such person to appear in court at the time of trial, will pay any fine or forfeiture imposed upon such person not to exceed an amount to be stated on such certificate.

(4)   In lieu of giving security in the manner provided by Subsections (1), (2) and (3) above, if the arrest is for the violation of a City ordinance relating to the operation of a motor vehicle, the accused person may deposit with the arresting Law Enforcement Officer or the Clerk of the Municipal Court a valid Kansas driver’s license in exchange for a receipt therefore issued by the Law Enforcement Officer or the Clerk of the Municipal Court, the form of which shall be approved by the Division of Vehicles of the State Department of Revenue. Such receipt shall be recognized as a valid temporary Kansas driver’s license authorizing the operation of a motor vehicle by the accused person to the date of the hearing stated on the receipt. Such driver’s license and written copy of the notice to appear shall be delivered by the Law Enforcement Officer to the Municipal Court as soon as reasonably possible. If the hearing on any such charge is continued for any reason, the Municipal Judge may note on the receipt the date to which such hearing has been continued, and such receipt shall be recognized as a valid temporary Kansas driver’s license until such date, but in no event shall such receipt be recognized as a valid Kansas driver’s license for a period longer than thirty (30) days from the date for the original hearing. Any person who deposited a driver’s license to secure such person’s appearance, in lieu of giving a bond as provided in Subsections (1), (2) and (3) above, shall have such driver’s license returned upon the giving of the required bond pursuant to (1), (2) and (3) above or upon final determination of the charge.

(b)   In the event the accused person deposits a valid Kansas driver’s license with the Municipal Court and fails to appear in court on the date set for appearance, or any continuance thereof, and in any event within thirty (30) days from the date set for the original hearing, the Municipal Judge shall forward the driver’s license of such person to the Division of Vehicles with an appropriate explanation attached thereto. Upon receipt of the driver’s license of such person, the Division of Vehicles shall suspend such person’s privilege to operate a motor vehicle in this State until such person appears before the Municipal Court, or the Municipal Court makes a final disposition thereof, and notice of such disposition is given by the Municipal Court to the Division, or for a period not exceeding six (6) months from the date such person’s driver’s license is received by the Division, whichever is earlier.

(c)   Any person who applies for a replacement or new driver’s license prior to the return of such person’s original license, when such license has been deposited in lieu of the giving of a bond as provided in this Section, shall be guilty of a misdemeanor punishable as set forth in K.S.A. 8-2116 and amendments thereto.

(Prior Code 2016 §305.025; K.S.A. 12-4301; Ord. 3020; Code 2021)

Notwithstanding the provisions of Section 14-503 (K.S.A. 12-4301), a Law Enforcement Officer may release an accused person from custody without requiring security for his or her appearance and shall release such accused person without requiring security for the appearance pursuant to any rule or order of the Municipal Judge.

(Prior Code 2016 §305.027; K.S.A. 12-4302; Ord. 3020; Code 2021)

Appearance bonds given under the provisions of this article shall be subject to forfeiture, then fifty-four dollars ($54.00) of such forfeited bond shall be regarded as court costs. If the person arrested appears for trial, the Municipal Judge shall enter such fact on his/her docket and shall refund the amount of any cash bond posted by the defendant.

(Prior Code 2016 §315.030; Code 2021)

Whenever any person is arrested and shall have given his/her written promise to appear as required by Section 14-501 and has deposited any bond required by such Officer under the authority of Section 14-502, said person shall be forthwith released from custody.

(Prior Code 2016 §315.040; Code 2021)

The Municipal Judge shall keep a record of all Appearance Bonds received and the disposition thereof. All Appearance Bonds declared forfeited shall by the Municipal Judge be paid to the City Treasurer who shall give a receipt therefor and credit, the same to the General Fund of the City. The Municipal Judge shall file all such receipts in the Appearance Bond record in his/her office.

(Prior Code 2016 §315.050; Code 2021)

(a)   The following regulations shall govern the disposition and records of traffic citations, warrants and complaints.

(1)   Every Police Officer, upon issuing a traffic citation to an alleged violator of any provision of the traffic ordinances of the City, shall deposit a duplicate copy of the citation with his/her immediate superior officer who shall cause it to be delivered to the Municipal Court.

(2)   Upon the filing of such duplicate citation in the Municipal Court as aforesaid, said citation may be disposed of only by trial in said court, or by other official action by a Judge of said court, including forfeiture of bail or by payment of a fine to the Court.

(3)   The Chief of Police shall also maintain or cause to be maintained in connection with every traffic citation issued by a member of the Police Department, a record of the disposition of the charge by the Municipal Court.

(4)   The Chief of Police shall also maintain or cause to be maintained a record of all warrants issued by the Municipal Court on said traffic violation charges which are delivered to the Police Department for service, and of the final disposition of such warrants.

(Prior Code 2016 §315.060; Code 2021)

If the violator of the restrictions on stopping, standing or parking, under the traffic ordinances of the City, does not appear in response to a traffic citation affixed to such motor vehicle, within the period given, the Municipal Judge or his/her Clerk shall send the owner of the motor vehicle to which the traffic citation was affixed a letter informing him/her of the violation and warning him/her that in the event such letter is disregarded for a period of five (5) days, a warrant of arrest will be issued.

(Prior Code 2016 §315.070; Code 2021)

In any prosecution charging a violation of any ordinance or regulation governing the stopping, standing or parking of a vehicle, proof that the particular vehicle described in the complaint was parked in violation of any such ordinance or regulation, together with proof that the defendant named in the complaint was at the time of such parking the registered owner of such vehicle, shall constitute in evidence a prima facie presumption that the registered owner of such vehicle was the person who parked or placed such vehicle at the point where and for the time which such violation occurred.

(Prior Code 2016 §315.080; Code 2021)

In the event any person fails to comply with a traffic citation given to such person or attached to a vehicle, or fails to make appearance pursuant to a summons directing his/her appearance in the Municipal Court, or if any person fails or refuses to deposit bail as required and within the time permitted by the ordinances of the City, the Municipal Judge may secure and issue a warrant for his/her arrest.

(Prior Code 2016 §315.090; Code 2021)