Charter Ordinance No. 199  


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  • A CHARTER ORDINANCE OF THE CITY OF WICHITA, KANSAS, RELATING TO THE CODE OF PROCEDURE FOR MUNICIPAL COURTS; AMENDING SECTION 3 OF CHARTER ORDINANCE NO. 164, SECTION 1 OF CHARTER ORDINANCE 170, AND SECTION 4 OF CHARTER ORDINANCE NO. 122; AND REPEALING THE ORIGINAL OF SAID SECTIONS.

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

    SECTION 1. Section 3 of Charter Ordinance No. 164, is hereby amended to read as follows:

    "The municipal judge may parole any person confined to jail as a result of a conviction of a violation of a city ordinance and may set such conditions and restrictions of such parole as the judge sees fit to impose, for a term of parole not exceeding two years, and may at any time discharge such person for good cause shown; provided, however, that nothing herein shall authorize or empower the municipal judge to grant parole to any person confined to jail as a result of a conviction of a violation of a city ordinance which provides for a mandatory, minimum sentence of imprisonment, before such person has served such minimum sentence.

    The term of parole ordered by the court is subject to renewal and extension for additional periods not exceeding an additional two years for any misdemeanor case upon the municipal court's finding that the defendant has not yet successfully completed the conditions imposed therein within the original term of such parole.

    After notice and hearing, the municipal judge may revoke such parole for violation of conditions by directing the Chief of Police or the warrant office to execute the sentence and again confine the accused person to jail for the time specified by the court, which shall not exceed the initial jail sentence imposed, less the time served."

    SECTION 2. Section 1 of Charter Ordinance No. 170, amending section 5 of Charter Ordinance No. 122, is hereby amended to read as follows:

    "Preparation and service of complaints, notices to appear, and warrants.

    (a) In the event that the form of citation provided for in K.S.A. 12-4205 and amendments thereto includes a written statement of the essential facts constituting a violation of an ordinance of the City of Wichita, Kansas, as required by law and as prepared and signed by the law enforcement officer of the City of Wichita or other official designated by the Code of the City of Wichita to enforce ordinances then such citation, when filed with the Clerk of the Municipal Court shall be deemed a lawful complaint for the purpose of prosecution under this ordinance.

    (b) A copy of the complaint shall be served, together with a notice to appear or a warrant, by a law enforcement officer or other official or person designated by the Code of the City of Wichita to enforce ordinances upon the accused person, and the complaint shall forthwith be filed with the Municipal Court except that a complaint may be filed initially with the Municipal Court and, if so filed, a copy of the complaint shall forth with be delivered to the City Attorney.

    (c) If the City Attorney fails either to cause a notice to appear or to request a warrant to be issued on a complaint initially filed with the Municipal Court, the Municipal Judge may, upon affidavits filed with such Judge alleging the violation of an ordinance, order the City Attorney to institute proceedings against any person. Any such Municipal Judge shall be disqualified from sitting in any case wherein such order was entered and is further prohibited from communicating about such case with any other Municipal Judge or Municipal Judge pro tem appointed to preside therein."

    SECTION 3. Section 4 of Charter Ordinance No. 122, is hereby amended to read as follows:

    "Persons under arrest; procedures, right to post bond, release on personal recognizance.

    (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 to a location 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 K.S.A. 12-4302, and amendments thereto, except as hereinafter provided.

    (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 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 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 48 hours pursuant to the provisions of this section after arrest, and who is awaiting a first 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 18 hours of the person being placed in custody."

    SECTION 4. The originals of Section 3 of Charter Ordinance No. 164, Section 1 of Charter Ordinance No. 170, and Section 4 of Charter Ordinance No. 122, are hereby repealed.

    SECTION 5. This Ordinance shall be published once each week for two consecutive weeks in the official city newspaper.

    SECTION 6. This is a charter ordinance and shall take effect sixty-one days after final publication unless a sufficient petition for referendum is filed and a referendum held on the ordinance as provided in Article 12, Section 5(c)(3) of the Constitution of the State of Kansas, in which case, the ordinance shall become effective if approved by a majority of the electors voting thereon.

    PASSED AND ADOPTED BY THE GOVERNING BODY, not less than two-thirds of the members-elect voting in favor thereof, this June 15, 2004.

    Carlos Mayans, Mayor

    ATTEST:

    Pat Graves, City Clerk

    APPROVED AS TO FORM:

    Gary E. Rebenstorf