Counties and County Officers
Code for the Enforcement of County Codes and Resolutions
Current through end of 2018 legislative session
19-4701 Citation of act.
19-4702 Scope.
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.
19-4708 Definitions.
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.
19-4716 Schedule of fines for violations; waiver of right to trial; voluntary appearance; plea of guilty or no contest.
19-4717 Time of plea.
19-4718 Appearance of accused person.
19-4719 Time of arraignment.
19-4720 Arraignment.
19-4721 Pleas; refusal to plead.
19-4722 Procedure upon plea of guilty.
19-4723 Criminal procedure code, applicable; motions.
19-4724 Continuances.
19-4725 Discovery; depositions.
19-4726 Subpoenas; witnesses' expenses; abuse of subpoenas.
19-4727 Plea of not guilty; trial; time; continuance.
19-4728 Trial.
19-4729 Same; order of presentation.
19-4730 Evidence.
19-4731 Amendments to complaint.
19-4732 Joinder of two or more accused persons.
19-4733 Judgment.
19-4734 Judgment entered on docket.
19-4735 Fine; statement of amount and manner of payment; failure to pay.
19-4736 Judgment set aside, when; correction of errors.
19-4737 Appeal; procedure.
19-4738 Forms.
19-4739 Contempt of court order for failing to appear after service of notice; bench warrant issued and served; appearance bond.
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.
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.
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 shall proceed in any lawful manner consistent with any applicable law and not inconsistent with this code.
History: L. 1988, ch. 102, § 7; April 21.
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. 1988, ch. 102, § 8; April 21.
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 district court presiding in the county, in accordance with the provisions of subsection (e) of K.S.A. 20-310a, and amendments thereto. If a judge pro tem presides over such action, such judge pro tem shall receive a salary and other compensation set by resolution of the board of county commissioners and paid from the revenues of the county general fund or other fund established for the purpose of financing the costs of enforcement and prosecution of violations of county codes and resolutions pursuant to the code. If a district court judge presides over such action, such district court judge shall not be entitled to any additional compensation or expense payments.
History: L. 1988, ch. 102, § 9; L. 1999, ch. 57, § 5; July 1.
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.
(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 a cost in each case filed for violations of county codes and resolutions, a $20 assessment. The judge or clerk of the court shall remit $2 of such assessments received to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount of the remittance in the state treasury and credit 50% to the protection from abuse fund established pursuant to K.S.A. 74-7325, and amendments thereto, and 50% to the crime victims assistance fund established pursuant to K.S.A. 74-7334, and amendments thereto. The remaining additional court costs shall be paid over to the county treasurer of the county where they are imposed for deposit in the county general fund.
History: L. 1988, ch. 102, § 11; L. 1994, ch. 335, § 3; L. 1996, ch. 234, § 8; L. 2001, ch. 5, § 67; L. 2002, ch. 199, § 3; July 1.
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, § 12; April 21.
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.
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, ch. 62, § 1; July 1.
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 the district court pursuant to this code, and if so filed, a copy of the complaint shall forthwith be delivered to the county counselor. The county counselor shall cause to be issued a notice to appear.
If a county counselor fails to cause a notice to appear on a complaint initially filed with the district court pursuant to this code, the judge, upon affidavits filed with such judge alleging the violation of a county code or resolution, may order the county counselor to institute proceedings against any person.
History: L. 1988, ch. 102, § 15; April 21.
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 person shall demand an earlier hearing. A notice to appear may be signed by a judge, the clerk of the district court, the county counselor, or any law enforcement officer or code enforcement officer.
A notice to appear shall be deemed sufficient if in substantial compliance with the form set forth by the judicial council.
History: L. 1988, ch. 102, § 16; L. 2006, ch. 62, § 2; July 1.
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, § 17; L. 2006, ch. 62, § 3; July 1.
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.
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 mailing it to the last known address of such person. A notice to appear may be served by any law enforcement officer or code enforcement officer within the state and, if mailed, shall be mailed by a law enforcement officer or code enforcement officer or the clerk of the district court. Upon service by mail, the law enforcement officer or code enforcement officer or the clerk of the district court shall execute a verification to be filed with a copy of the notice to appear. Such verification shall be deemed sufficient if in substantial compliance with the form set forth by the judicial council.
History: L. 1988, ch. 102, § 19; L. 2006, ch. 62, § 4; July 1.
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 amendments thereto, for prosecution of a violation of a county code or resolution. The data elements collected shall conform to the requirements of K.S.A. 19-4709 through 19-4715, and amendments thereto, or the requirements of the secretary of revenue or the secretary's designee pursuant to K.S.A. 79-3393, and amendments thereto, as applicable.
(2) "Electronic citation system" means the device, database or computer software used to create, store, transmit or exchange the data included in an electronic citation.
(3) "Electronic signature" means an electronic signature having legal effect pursuant to the Kansas uniform electronic transaction act, K.S.A. 16-1601 et seq., and amendments thereto.
(b) For purposes of an electronic citation, including the notice to appear and complaint, issued under this section, an electronic signature indicated by the law enforcement officer's typed name, agency and agency identification number has the same effect and is as sufficient as a manual signature as required pursuant to K.S.A. 19-4710, 19-4712, 19-4715, subsection (b) of 22-3201 or 79-3393, and amendments thereto.
(c) A notice to appear, complaint or citation as provided in K.S.A. 19-4709 through 19-4715 or 79-3393, and amendments thereto, shall be deemed to be written if on a paper form or in a document printed from an electronic citation system.
(d) For purposes of signing a notice to appear as provided in K.S.A. 8-2107 and 19-4712, and amendments thereto, a person being charged by a law enforcement officer shall be deemed to have signed the notice to appear if the person physically signs the paper notice to appear or, in the case of an electronic citation, verbally acknowledges that the person promises to appear on or before the date set at or with the designated court. To secure a verbal promise to appear, the law enforcement officer shall ask, "Do you agree to appear at the ______ court on or before (date) ?" The officer shall accurately record the response of the person being charged as: Yes, no or no response.
(e) This section shall be part of and supplemental to the code for enforcement of county codes and resolutions.
History: L. 2010, ch. 56, § 3; July 1.
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 by county resolutions for such offenses by the board of county commissioners.
(b) A person charged with the violation of a county code or resolution contained in a schedule of fines established under subsection (a) shall, except as provided in subsection (c), appear at the place and time specified in the notice to appear. If the person enters an appearance, waives right to trial, pleads guilty or no contest, the fine shall be no greater than that specified in the schedule.
(c) Prior to the time specified in the notice to appear, a person charged with the violation of a county code or resolution contained in a schedule of fines established under subsection (a) may enter an appearance, waive right to trial, plead guilty or no contest and pay the fine for the violation as specified in the schedule. At the election of the person charged, such appearance, waiver, plea and payment may be made by any means accepted by the court. The complaint shall not have been complied with if a payment is not honored for any reason, or the fine is not paid in full prior to the time specified in the notice to appear. When a person charged with violating a county code or resolution on a schedule of fines makes payment without executing a written waiver of right to trial and plea of guilty or no contest, the payment shall be deemed such an appearance, waiver of right to trial and plea of no contest.
The judge may authorize the clerk of the district court or some other person to accept by mail, in person or other means as ordered by the court, such voluntary appearance, plea of guilty or no contest and payment of the fine imposed by the schedule.
The schedule of fines and persons authorized to accept such pleas shall be conspicuously displayed in the office where such voluntary appearance, plea of guilty and payment of fine occurs.
(d) No person who violates a county code or resolution and is prosecuted under this code shall be imprisoned for such violation.
History: L. 1988, ch. 102, § 20; L. 2010, ch. 70, § 2; July 1.
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. 102, § 21; April 21.
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) Issue an order to appear in the manner provided in K.S.A. 19-4715, and amendments thereto, for notices to appear, which shall then be punishable by a contempt citation should the person fail to comply with the order;
(2) order the posting of an appearance bond in the manner provided under K.S.A. 12-4301 et seq., and amendments thereto; or
(3) issue a bench warrant compelling the appearance of the accused person before the court.
(b) In addition to the procedures provided in K.S.A. 19-4716, and amendments thereto, the judge, upon request, may permit appearance, pleas and satisfaction of the judgment and sentence of the court by counsel or by mail.
History: L. 1988, ch. 102, § 22; L. 1992, ch. 83, § 1; April 23.
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.
Arraignment shall be conducted in open court by stating to the accused person the substance of the charge and calling upon such person to plead thereto. Arraignment for purposes of accepting plea of not guilty may be accomplished by telephone, mail or appearance by counsel.
History: L. 1988, ch. 102, § 24; April 21.
19-4721. Pleas; refusal to plead.
(a) A plea of guilty is an admission of the charge and every material fact alleged therein.
(b) A plea of no contest is a formal declaration that the accused person does not contest the charge. When such a plea is entered, a finding of guilty may be adjudged thereon. The plea cannot be used against the accused person as an admission in any other action based on the same act.
(c) A plea of not guilty denies and puts into issue every material fact alleged in the charge.
(d) If the accused person refuses to plead, the court shall enter a plea of not guilty.
History: L. 1988, ch. 102, § 25; April 21.
19-4722. Procedure upon plea of guilty.
If the accused person pleads guilty, the judge may hear evidence touching on the nature of the case, or otherwise ascertain the facts thereof, and after such hearing, may refuse to accept the plea or may accept the plea, assess the punishment and enter the proper judgment.
History: L. 1988, ch. 102, § 26; April 21.
19-4723. Criminal procedure code, applicable; motions.
The Kansas code of criminal procedure shall govern, insofar as applicable, the filing and disposition of motions. Motions may be oral or written.
History: L. 1988, ch. 102, § 27; April 21.
The judge may grant a continuance of the trial or any hearing upon a showing of good cause, except as set out in K.S.A. 19-4727.
History: L. 1988, ch. 102, § 28; April 21.
19-4725. Discovery; depositions.
The accused person shall be permitted to inspect all matters relevant to the case. Depositions shall not be taken or used except by written agreement of both parties filed with the court or by order of the court upon such conditions as the court may prescribe.
History: L. 1988, ch. 102, § 29; April 21.
19-4726. Subpoenas; witnesses' expenses; abuse of subpoenas.
All parties shall be entitled to the use of subpoenas to compel attendance of witnesses within the state. The judge or clerk of the district court shall issue a subpoena which may be served by any law enforcement officer or code enforcement officer upon the named person. Disobedience may constitute contempt.
Fees and mileage of witnesses shall be $2.50 per day or any part thereof for an appearance and $.10 per mile actually driven beyond 10 miles. The fees and mileage for the attendance of witnesses shall be paid by the party calling the witnesses, except that if an accused person is found not guilty, the county shall pay all such expenses. The judge may direct that fees and mileage of witnesses subpoenaed by the accused person be charged against such person, if the judge finds that there has been an abuse of the use of subpoenas by the accused person.
History: L. 1988, ch. 102, § 30; April 21.
19-4727. Plea of not guilty; trial; time; continuance.
An accused person entering a plea of not guilty, or for whom the court entered a plea of not guilty, shall be tried on the earliest practical day set by the court, unless trial is continued for good cause.
History: L. 1988, ch. 102, § 31; April 21.
All trials under this code shall be conducted before a judge and an accused person shall not have a right to have such person's trial conducted before a jury.
History: L. 1988, ch. 102, § 32; April 21.
19-4729. Same; order of presentation.
The order of trial shall be:
(a) Opening statement of prosecution, unless waived;
(b) evidence by the prosecution;
(c) opening statement of accused person, unless waived;
(d) evidence by the accused person, unless waived;
(e) rebuttal evidence, unless waived; and
(f) closing arguments, unless waived.
History: L. 1988, ch. 102, § 33; April 21.
The rules of evidence prescribed in the code of civil procedure shall apply to this code.
History: L. 1988, ch. 102, § 34; April 21.
19-4731. Amendments to complaint.
Amendments to the complaint may be permitted by the court before trial. Once the trial commences, the court may permit a complaint to be amended before judgment, if no additional or different offense is charged, and if substantial rights of the accused person are not prejudiced.
History: L. 1988, ch. 102, § 35; April 21.
19-4732. Joinder of two or more accused persons.
Where two or more persons are separately or jointly accused by a complaint of a violation of a county code or resolution arising from the same general state of circumstances, such persons may be tried separately or jointly, except that where an accused person requests, such person shall be tried separately.
History: L. 1988, ch. 102, § 36; April 21.
If the accused person is found not guilty, judgment shall be rendered immediately. If the accused person is found guilty, the court shall render judgment without unreasonable delay, assess fines or penalties and provide for immediate payment of such fines or penalties or for not more than 24 hours from the time that judgment is rendered.
History: L. 1988, ch. 102, § 37; April 21.
19-4734. Judgment entered on docket.
When a judgment is rendered, the judge or clerk of the district court shall enter such judgment on the docket. The omission of this duty shall not affect the validity of the judgment.
History: L. 1988, ch. 102, § 38; April 21.
19-4735. Fine; statement of amount and manner of payment; failure to pay.
When a fine is levied as punishment, the judge or clerk of the district court shall issue a statement setting forth the amount of the fine and the manner of payment. Failure to pay in the manner specified may constitute contempt of court.
History: L. 1988, ch. 102, § 39; April 21.
19-4736. Judgment set aside, when; correction of errors.
The judge, on motion of the accused person or on the judge's own motion, shall set aside a judgment if the complaint does not charge a violation of a county code or resolution, or if the court was without jurisdiction of the offense. The motion for setting aside the judgment shall be made within 10 days after the finding of guilty, or within such further time as the court may fix during the ten-day period. Clerical mistakes in judgments or orders may be corrected by the court at any time.
History: L. 1988, ch. 102, § 40; April 21.
(a) An appeal may be taken from any judgment under the code for the enforcement of county codes and resolutions. All appeals shall be by notice of appeal specifying the party or parties taking the appeal and the order, ruling, decision or judgment complained of and shall be filed with the clerk of the district court within 10 days after entry of judgment. All appeals shall be tried and determined de novo before a district judge, other than the judge from which the appeal is taken. The provisions of K.S.A. 60-2002 and K.S.A. 61-3202, and amendments thereto, shall be applicable to actions appealed pursuant to this subsection. The appealing party shall cause notice of the appeal to be served upon all other parties to the action in accordance with the provisions of K.S.A. 60-205, and amendments thereto. An appeal shall be perfected upon the filing of the notice of appeal. When the appeal is perfected, the clerk of the court or the judge from which the appeal is taken shall refer the case to the chief judge for assignment in accordance with this section. All proceedings for the enforcement of any judgment under the code for the enforcement of county codes and resolutions shall be stayed during the time within which an appeal may be taken and during the pendency of an appeal, without the necessity of the appellant filing a supersedeas bond.
(b) Any order, ruling, decision or judgment rendered by a district judge on an appeal taken pursuant to subsection (a) may be appealed in the manner provided in article 21 of chapter 60 of the Kansas Statutes Annotated.
History: L. 1988, ch. 102, § 41; L. 1999, ch. 57, § 6; L. 2000, ch. 161, § 102; Jan. 1, 2001.
Forms to be utilized under the code for the enforcement of county codes and resolutions shall be set forth by the judicial council.
History: L. 1988, ch. 102, § 42; L. 2006, ch. 62, § 5; July 1.
19-4739. Contempt of court order for failing to appear after service of notice; bench warrant issued and served; appearance bond.
If a person who is a resident of this state is charged with a violation of a county code or resolution and such person fails to appear after service of notice to appear, then the judge having jurisdiction to hear the complaint may apply in the district court of the county to cite the accused person with contempt of court and may issue or have issued a bench warrant compelling the accused person to appear before the court to plead upon the charge and the citation for contempt. Any law enforcement officer of any county or any city in this state may serve the bench warrant issued for the person and may collect from the person a cash appearance bond in the amount stated in the warrant upon the request of the law enforcement agency of the county in which the warrant was issued. Any appearance bond collected pursuant to this section shall be forwarded to the clerk of the court in the county in which the alleged violation was committed.
History: L. 1992, ch. 83, § 3; April 23.