Charter Ordinance No. 163  


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  • A CHARTER ORDINANCE EXEMPTING THE CITY OF WICHITA, KANSAS, FROM THE PROVISIONS OF K.S.A. 12-4208, AND PROVIDING SUBSTITUTE PROVISIONS ON THE SAME SUBJECT, RELATING TO THE CODE OF PROCEDURE FOR MUNICIPAL COURTS.

    BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS:

    SECTION 1: The City of Wichita, Kansas (the "City") pursuant to Article 12, Section 5, of the Constitution of the State of Kansas, hereby elects to exempt itself from, and make inapplicable to it, the provisions of K.S.A. 12-4208, and provide substitute provisions as hereinafter set forth in this Charter Ordinance. Such statute is applicable to the City, but is not uniformly applicable to all cities.

    SECTION 2. "Warrant; contents; form. A warrant shall contain the name of the accused person, or if unknown, any name or description by which the accused person may be identified with reasonable certainty, shall describe the nature of the violation of an ordinance of the City, shall command that the accused person be arrested, shall be signed by the judge of the municipal court, and shall state the amount of the appearance bond to be required. A warrant shall be deemed sufficient if substantially in the form set forth in K.S.A. 12-4208, and amendments thereto; and a warrant shall be deemed valid if ordered by the municipal court judge and issued electronically by the court's computer system. Further, the requirement that the judge sign the warrant shall be sufficiently fulfilled if the electronically issued warrant is printed and signed by the judge after the arrest of the accused person."

    SECTION 3. This Charter Ordinance shall be published once a week for two consecutive weeks in The Daily Reporter, the official newspaper of the City, and shall take effect sixty-one (61) days after final publication, unless a sufficient petition is filed and a referendum held on the Charter Ordinance, as provided in Article 12, Section 5, Subdivision (c)(3) of the Constitution of the State of Kansas, in which case the Charter Ordinance shall become effective if approved by a majority of the electors voting thereon.

    SECTION 4. (Added—See Charter Ordinance No. 168, § 8.)

    PASSED AND APPROVED by the Governing Body of the City of Wichita, Kansas, not less than two-thirds of the members elect voting in favor thereof, this December 17, 1996.

    Bob Knight
    Mayor

    Attest:

    Pat Burnett
    City Clerk

    Approved as to Form:

    Gary E. Rebenstorf
    Director of Law