Title 2 - Administration and Personnel

2.33.285 Definitions

The definitions within K.S.A. 12-4113, and amendments thereto, shall apply when the words or phrases defined therein are used in this Chapter, except where this Section or another Section in this Chapter provides a different definition or a particular context clearly requires a different meaning. In addition, the following words and phrases whenever used in this Chapter shall be understood as defined in this Section except where a different definition in the Code clearly applies or a particular context clearly requires a different meaning:

Administrative Function means the establishment and maintenance of adequate fiscal, personnel, clerical, and administrative policies and procedures for the efficient functioning of the municipal court, including but not limited to:

1. i.
   Responsibility for all personnel and administrative matters involving all municipal court employees, to include providing the necessary direction and supervision regarding compliance with the direction of the municipal court judges relating to the administration of the Judicial Function of the municipal court.
2. ii.
   Responsibility to the presiding judge of the municipal court for the implementation of the policies of the municipal court with respect to the Judicial Functions of the municipal court.
3. iii.
   Issuing all process of the municipal court, administer oaths, file and preserve all papers, docket cases and set the same for trial and performing such further acts as may be necessary to carry out the duties, responsibilities, and administration of the municipal court.
4. iv.
   Collecting, receiving, accounting for, and paying to appropriate City or State official monthly all fines, costs, fees, and forfeited bonds paid into the municipal court or assessed as part of a judgment.
5. v.
   Making reports to the judicial administrator of the State of Kansas and furnishing the information when requested by the judicial administrator or a departmental justice on such forms furnished by the judicial administrator, and approved by the Kansas Supreme Court.
6. vi.
   Providing direct supervision to offenders as set forth in sentencing orders or diversion agreements; meeting with offenders to ensure compliance regarding education, treatment, fines, jail and other requirements; and performing such other duties as the City Manager or their designee may deem appropriate.
7. vii.
   Responsibility for the security, safety and orderly function of the municipal court.
8. viii.
   Enforcing and serving court orders and processes, maintaining public order in the court operations and facilities, protecting the court and its officers in the exercise of their Judicial Functions, and executing all orders issued or made by lawful authority of the municipal court and the municipal court judges.
9. ix.
   Making arrests or otherwise taking persons into custody; detaining or otherwise restraining persons; carrying firearms, concealed or otherwise; serving process; or exercising any other lawful power necessary to execute or enforce municipal court orders or performing duties as specified in this Chapter or as those duties might be determined by the City Manager or their designee or the municipal court judges.

City Officer means those individuals designated as a City Officer by the City Manager or pursuant to O.P.M.C. Chapter 2.66. Said officers shall have the authority to investigate violations of City ordinances, order compliance, and issue complaints and notices to appear.

Complaint means a sworn written statement, or a written statement by a law enforcement officer or City Officer, of the essential facts constituting a violation of an ordinance.

Confinement, confine, imprisonment or imprison means any restrained environment in which the court and law enforcement agency intend to retain custody and control of the accused person including, but not limited to any adult detention center, a juvenile detention center as allowed by law, house arrest, assignment to a community corrections residential center or any other environment approved by the City. 

Judicial Function means a municipal court judge or presiding judge’s exercise of the powers set forth in O.P.M.C. Section 2.33.290.

(History:  Ord. No. MCC-3463 §1, 2024)

Effective on: 1/5/2025

2.33.290 Municipal Court Judges; Powers and Duties.

1. A.
   The municipal court judges shall have the power to administer oaths and enforce due obedience to all orders, rules and judgments made by them; may fine or imprison for contempt; and issue and enforce orders directing that an accused person shall not have direct or indirect contact with another person, in the same manner and to the same extent as the district court.
2. B.
   The municipal court judges shall have the power to hear and determine all cases properly brought before them; to grant continuances; to sentence those found guilty to a fine or confinement in jail or in a house arrest program, or both such fine and confinement; to commit accused persons to jail in default of bond; to determine applications for parole; to release on probation and impose conditions thereon; to order evaluation, education, counseling, and training; to grant time in which a fine may be paid; to correct a sentence; to suspend imposition of a sentence; to set aside a judgment; to permit time for post trial motions; and to discharge accused persons.
3. C.
   The municipal court judges shall promptly make such reports and furnish the information requested by any departmental justice or the judicial administrator, in the manner and form prescribed by the Kansas Supreme Court.
4. D.
   The municipal court judges shall maintain a docket or notes in which they shall enter every cause commenced before them. Said docket or notes shall contain the names of the accused persons and complainant, the nature or character of the offense, the date of trial, the names of all witnesses sworn and examined, the finding of the court, the judgment and sentence, the date of payment, the date of issuing commitment, if any, and every other fact necessary to show the full proceedings in each case.
5. E.
   Subject to the employment, personnel administration and supervisory authority of the City Manager as set forth in O.P.M.C Section 2.33.292 below, the municipal court judges shall have the authority to direct the staff of the municipal court in all matters involving the daily operation and administration of the Judicial Function of the municipal court as necessary to provide for the effective and efficient administration of the Judicial Function of the municipal court.
6. F.
   The municipal court judges shall have the authority to establish the sessions, dockets and locations of the municipal court as set forth in O.P.M.C. Section 2.33.291.

(History: Ord. MCC-3463 §2, 2024; Ord. MCC-2981 §1, 2012; MCC-2572 §1, 2005; MCC-2498 §5, 2004; MCC-2351 §1, 2002; MCP-1987 §1, 96; Ch. Ord. 61)

Effective on: 1/5/2025

2.33.291 Sessions, Dockets and Locations of the Municipal Court.

1. A.
   Subject to O.P.M.C. Section 2.33.292, the Municipal Court shall be held on such days and times as determined by the Presiding Judge, or a municipal court judge if the Presiding Judge is unavailable. Dockets of the Municipal Court shall be established and scheduled by the Presiding Judge.
2. B.
   Municipal Court shall convene in the W. Jack Sanders Justice Center located at 12400 Foster, Overland Park, Kansas, except the Presiding Judge, or a municipal court judge if the Presiding Judge is unavailable may:

   1. 1.
      authorize the use of remote proceedings; or
   2. 2.
      in consultation with the City Manager or their designee, designate an alternative location for the Municipal Court when the W. Jack Sanders Justice Center facility is uninhabitable or unavailable for court, provided the alternative location is as close to the W. Jack Sanders Justice Center as reasonably possible.

(History: Ord. MCC-3463 §3, 2024; Ord. MCC-2351 §2, 2002)

Effective on: 1/5/2025

2.33.292 Municipal Court Personnel

The City Manager or their designee may hire personnel as necessary for the effective and efficient Administrative Function of the municipal court, and establish the days and times such personnel shall be available to operate the municipal court. The City Manager, or their designee shall be responsible for the hiring, discipline, compensation and all personnel and administrative matters related to the employment of municipal court employees; provided that the municipal court judges shall have the authority to direct the staff as set forth in O.P.M.C. Section 2.33.290.  

The Mayor in accordance with O.P.M.C. Section 2.66.1080, the City Manager, or the City Manager’s designee may issue a commission and badge, which authorize certain powers including to arrest and issue notices to appear, to the municipal court personnel responsible for making arrests, serving court orders and processes, and protecting the court and its officers in the exercise of their Judicial Functions.

(History: Ord. MCC-3463 §4, 2024; Ord. MCC-2981 §2, 2012)

Effective on: 1/5/2025

2.33.294 Sentencing

1. A.
   Whenever an accused person is found guilty of the violation of an ordinance, the municipal court judge may:

   1. 1.
      Release the accused person without imposition of sentence; or
   2. 2.
      Release the accused person on probation after the imposition of sentence without imprisonment or the payment of a fine or a portion thereof, subject to conditions imposed by the court as provided in subsection F; or
   3. 3.
      Impose such sentence of fine, imprisonment, or both, as may be authorized for the ordinance violation; or
   4. 4.
      Impose a sentence of house arrest as provided in K.S.A. 21-6609 and amendments thereto.
   5. 5.
      Suspend any sentence or fine imposed subject to conditions imposed by the court as provided in subsection F; or
   6. 6.
      After any portion of said imprisonment has been served, release the accused person on parole, probation or suspended sentence, subject to conditions imposed by the court as provided in subsection F.
2. B.
   In addition to or in lieu of any other sentence authorized by law, whenever a person is found guilty of the violation of an ordinance and there is evidence that the act constituting the violation of the ordinance was substantially related to the possession, use or ingestion of cereal malt beverage or alcoholic liquor by such person, the judge may order such person to attend and satisfactorily complete an alcohol or drug education or training program certified by the administrative judge of the judicial district or appropriate state licensing agency.
3. C.
   Except as provided in subsection D, in addition to or in lieu of any other sentence authorized by law, whenever a person is convicted of having violated, while under 21 years of age, an ordinance prohibiting an act prohibited by the uniform controlled substances act (K.S.A. 65-4101 et seq. and amendments thereto) or K.S.A. 41-719, 41-727, 41-804, 41-2719, 41-2720, 65-4152, 65-4153, 65-4154 or 65-4155, and amendments thereto, the Municipal Court Judge shall order such person to submit to and complete an alcohol and drug evaluation by a community-based alcohol and drug safety action program certified pursuant to K.S.A. 8-1008 and amendments thereto and to pay a fee not to exceed the fee established by the statute for such evaluation. If the judge finds that the person is indigent, the fee may be waived.
4. D.
   If the person is 18 or more years of age but less than 21 years of age and is convicted of a violation of K.S.A. 41-727, and amendments thereto, involving cereal malt beverage, the provisions of subsection C are permissive and not mandatory.
5. E.
   The court may impose any conditions of probation, parole or suspension of sentence that the court deems proper. In the case of a probation or parole, the following conditions or any additional conditions the court deems proper may be ordered by the court. Those conditions may include that the defendant shall:

   1. 1.
      Not violate the laws of the United States or of any state or city with the exception of minor traffic infractions;
   2. 2.
      Not use, consume, possess or ingest any intoxicating liquor, cereal malt beverage, or any other mood altering substance or drug without a doctor’s prescription;
   3. 3.
      Notify the City employee designated to monitor their probation of an address change as directed by the probation contract.
   4. 4.
      Submit to a test of saliva, breath, blood, or urine at any time during the term of Probation, if requested to do so by any City employee acting within the scope of their employment, any probation officer, any prosecutor, judge, or any law enforcement officer at their own expense and further agrees that the results of said tests shall be admitted against them in their probation revocation hearing and stipulates to the evidentiary foundation thereof;
   5. 5.
      If a motion to revoke is filed during the term of the probation, continue to report as directed and continue to abide by the terms and conditions of the probation;
   6. 6.
      Notify the City employee designated to monitor their probation in writing within 72 hours of any arrest. The term “arrest” shall include instances during which a person is stopped or questioned by a law enforcement officer regarding violation of the law, whether or not charges are filed at that time, as well as instances where a person is released upon the issuance of a ticket or Notice to Appear or released pending the mailing of charges in the future;
   7. 7.
      Report to the City employee designated to monitor their probation at such times and in such a manner as directed by the Court or the City employee designated to monitor their probation. Failure to report to the Court as ordered may result in the summary revocation of the probation by the Court;
   8. 8.
      Clear all outstanding warrants within thirty (30) days and remain warrant free during the term of probation;
   9. 9.
      Comply with all recommendations of their evaluation, if one was ordered;
   10. 10.
       Pay any applicable fine, costs, or restitution in the matter as directed by the court.
   11. 11.
       Report to jail, weekend intervention, work release, house arrest, education classes, counseling, victim impact panels, offender mediation and/or treatment as ordered by the court. 
   12. 12.
       Be prohibited from contacting a(n) identified person(s), either directly or indirectly, including in person, by phone, text or email message, any social media, or in any other way or manner, as the court deems necessary and appropriate.
6. F.
   In addition to or in lieu of any other sentence authorized by law, whenever a person is found guilty of the violation of an ordinance, the judge may order such person to reimburse the City for all or a part of the reasonable expenditures by the City to provide counsel and other defense services to the defendant. In determining the amount and method of payment of such sum, the court shall consider the financial resources of the defendant and the nature of the burden that payment of such sum will impose. A defendant who has been required to pay such sum and who is not willfully in default in the payment thereof may at any time petition the court which sentenced the defendant to waive payment of such sum or of any unpaid portion thereof. If it appears to the satisfaction of the court that payment of the amount due will impose manifest hardship on the defendant or the defendant's immediate family, the court may waive payment of all or part of the amount due or modify the method of payment.
7. G.
   The term of probation, parole or suspended sentence shall not exceed two years, although the judge may discharge the person at any time for good cause shown. If the person has been convicted of violating municipal ordinance provisions that prohibit conduct comparable to a misdemeanor under the Kansas criminal statutes, the term of probation, parole or suspension ordered by the court is subject to renewal and extension for additional periods not exceeding an additional two years upon the court’s finding that the defendant has not yet successfully completed the conditions imposed therein within the original term of probation.
8. H.
   The Municipal Court Judge may revoke such probation, parole or suspended sentence for violation of conditions by directing the appropriate law enforcement officers to execute the sentence and imprison the defendant for the time specified by the court, which shall not exceed the initial sentence imposed, less any time served and may order the payment of any previously probated, suspended or paroled fines and fees. Upon an affidavit submitted to the court, the court may order the defendant incarcerated pending a hearing to revoke probation, parole, or suspended sentence. The affidavit, which shall contain a request for incarceration pending a hearing, shall be served on the defendant.

(History: Ord. MCC-3463 §5, 2024; Ord. MCC-2664 §1, 2007; MCC-2498 §6, 2004; MCP-1987 §2, 96; Ch.Ord. 51)

Effective on: 1/5/2025

2.33.300 Schedule of Costs and Fees.

1. A.
   The schedule of costs and fees for the administration of justice in the municipal court may be established by resolution.
2. B.
   Costs and fees shall be assessed as required by state statutes.
3. C.
   Additional court costs and fees may be assessed by the municipal court for any lawful purpose.
4. D.
   Such costs and fees shall be assessed as part of the judgment and shall be collected by the municipal court.
5. E.
   The costs and fees assessed pursuant to this section shall be in addition to the fine imposed.

(History: Ord. MCC-3463 §6, 2024; Ord. MCC-2492 §1, 2004; MCC-2351 §3, 2002; MCC-2252 §1, 2000; MCC-2179 §1, 2000; MCC-2082 §1, 97; MCC-2052 §1, 97; MCC-1909 §1, 94; MCC-1802 §1, 93)

Effective on: 1/5/2025

2.33.310 Municipal Court; Detention Authority of Law Enforcement Officers; Service of Complaint and Summons.

A law enforcement officer may detain a person when:

1. A.
   He or she has a warrant commanding that such person be arrested; or
2. B.
   he or she has reason to believe that a warrant for the person's arrest has been issued by any municipal court of this state; or
3. C.
   he or she has probable cause to believe that the person is committing or has committed a violation of an ordinance, and the law enforcement officer has probable cause to believe that such person will not be apprehended or evidence of the violation of the ordinance will be irretrievably lost unless such person is immediately detained, or such person may cause injury to himself, herself or others or damage to property unless immediately detained; or
4. D.
   any violation of an ordinance has been or is being committed by such person in his or her view.

A law enforcement officer having detained a person pursuant to the preceding paragraph, except subsection A or B thereof, may release the person or may prepare and serve upon such person a complaint and notice to appear, and shall then release such accused person from such detention, except in such instances where the law enforcement officer has power and authority to arrest such accused person as set forth in O.P.M.C. 2.33.320.

(History: Ord. MCP-1997 §1, 96)[See Ch. Ord. 67 eff. 9-23-96]

Effective on: 1/1/1901

2.33.320 Municipal Court; Arrest Authority of Law Enforcement Officers.

1. A.
   Except as provided in subsection B, a law enforcement officer may arrest a person under any of the following circumstances:

   1. 1.
      The officer has a warrant commanding that the person be arrested.
   2. 2.
      A warrant for the person's arrest has been issued by a municipal court in this state.
   3. 3.
      The officer has probable cause to believe that the person is committing or has committed a violation of an ordinance and that the person has intentionally inflicted bodily harm to another person.
   4. 4.
      The law enforcement officer detained the person pursuant to subsection C or D of O.P.M.C. 2.33.310 and:

      1. a.
         The person refuses to give a written promise to appear in court when served with a notice to appear;
      2. b.
         the person is unable to provide identification of self by presenting a valid driver's license or other identification giving equivalent information to the law enforcement officer;
      3. c.
         the person is not a resident of the state of Kansas; or
      4. d.
         the law enforcement officer has probable cause to believe that the person may cause injury to self or others or may damage property unless immediately arrested.
2. B.
   A law enforcement officer may not arrest a person who is charged only with committing an ordinance traffic infraction or an ordinance cigarette or tobacco infraction unless the person charged has received service of a notice to appear and has failed to appear for the infraction.

(History: Ord. MCP-1997 §2, 96) [See Ch. Ord. 67 effective 9-23-96]

Effective on: 1/1/1901

2.33.325 Persons Under Arrest; Procedures; Right to Post Bond; Release on Personal Recognizance.

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 2.33.330 and K.S.A. 12-4302, and amendments thereto and the Municipal Court Bond Schedule.

However, if the law enforcement officer has probable cause to believe that such person may cause injury to himself, herself or others, or damage to property, and there is no responsible person or institution to which the person might be released, the person shall remain in the protective custody of the law enforcement officer, in a city or county jail for a period not to exceed six hours, at which time such person shall be given an opportunity to post bond for his or her appearance. While so held in protective custody, the person shall be permitted to consult with counsel or other persons on the person's behalf.

Any person who does not make bond for the person's appearance shall be placed in the city or county jail, to remain there until the person makes bond for the person's appearance, or appears before the Municipal Court at the earliest practical time, except that the person shall be released on the person's personal recognizance to appear at a later date if the person has not made bond, has not appeared before the Municipal Court within 48 hours after arrest and if no warrant has been issued for the person's arrest. At said court appearance, the Municipal Judge shall review the complaint, any affidavits filed with the complaint, or any other evidence and shall determine whether there is sufficient probable cause to believe that a crime has been committed by the accused and sufficient basis to continue to hold the accused for trial in accordance with 2.33.340. The judge will give the accused an opportunity to address the court. The judge will advise the accused of the charges, the possible penalties, and advise the accused of the right to counsel.

(History: Ord. MCC-2498 §1, 2004)

Effective on: 1/1/1901

2.33.330 Appearance bonds; methods of securing appearance.

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 Court Judge. Such bond may be secured by any one 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. A.
   Payment of cash, except that the Municipal Court Judge may permit a payment by credit or debit card in lieu of cash;
2. B.
   The execution of an appearance bond by a responsible individual residing within the state of Kansas, as surety with the approval of the Municipal Court Judge; or
3. C.
   A guaranteed surety bond certificate issued by a company authorized by the Presiding Judge to write surety bonds in the Overland Park Municipal Court.

A municipal court judge may order any additional restrictions or obligations as conditions of a defendant’s bond.

(History: Ord. MCC-3463 §7, 2024; Ord. MCC-2498 §2, 2004)

Effective on: 1/5/2025

2.33.350 City Officer, Defined.

"City officer" shall mean those individuals designated as a city officer by the City Manager. Said officers shall have the authority to investigate violations of City ordinances, order compliance and issue complaints and notices to appear.

(History: Ord. MCC-2768 §1, 2008)

Effective on: 1/1/1901

2.33.355 Complaint; Requirements Form.

A Complaint shall be in writing and shall be signed (either personally or electronically) by the complainant. A Complaint shall be deemed to be "in writing" if the information is inscribed on a tangible medium or stored in an electronic or other medium and is retrievable in perceivable form. Electronic signatures must be obtained in compliance with the K.S.A. 12-4215 and amendments thereto, K.S.A. 16-1601 et. seq., and/or Kansas Supreme Court Rule 122. More than one violation may be charged in the same complaint.

(History: Ord. MCC-3463 §8, 2024; Ord. MCC-2768 §2, 2008)

Effective on: 1/5/2025

2.33.360 Same; How Used; Issuance of Warrant; Refusal to Issue; Effect.

A copy of the complaint shall be served, together with a notice to appear or a warrant, by a law enforcement officer or city officer upon the accused person, and forthwith, the complaint shall 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 forthwith be delivered to the city attorney. The city attorney shall cause a notice to appear to be issued, unless he or she has good reason to believe that the accused person will not appear in response to a notice to appear, in which case the city attorney may request that an arrest warrant be issued. Such arrest warrant will be issued if the complaint is positively sworn to and the municipal judge has probable cause to believe that (a) there has been the commission of a violation of a municipal ordinance, (b) the accused person committed such violation and (c) the accused person will not appear in response to a notice to appear.

"Filing" as used herein shall either be by manual delivery of a copy of the complaint and notice to appear or warrant to the clerk of the municipal court, or by electronic submission to the municipal court in a secure manner of a record containing the data required by Section 2.33.355.

(History: Ord. MCC-2768 §3, 2008)

Effective on: 1/1/1901

2.33.365 Notice to Appear; Contents; Form.

1. A.
   A law enforcement officer or City Officer may serve a notice to appear upon any person who commits an act punishable as a violation of City ordinance.
2. B.
   A notice to appear shall describe the offense charged and shall summon the accused person to appear in court at a specified time and place. A notice to appear may be signed by a municipal court judge, the clerk of the municipal court, the city attorney, an assistant city attorney, a law enforcement officer or a City Officer.
3. C.
   If the person receiving the notice fails to appear at the time and place stated, a warrant may be issued for the person’s arrest.

(History: Ord. MCC-3463 §9, 2024; Ord. MCC-2768 §4, 2008)

Effective on: 1/5/2025

2.33.370 Complaint and Notice to Appear in Municipal Court.

In all cases a complaint and notice to appear in municipal court may be made in the form of a complaint and notice to appear which shall be deemed sufficient if it contains the information listed in subsection (b) of K.S.A. 8-2106, and amendments thereto; provided, the complaint and notice to appear may exclude any information about vehicles, hazardous materials, and licenses that is not relevant to the ordinance violation being charged.

(History: Ord. MCC-3463 §10, 2024; Ord. MCC-2768 §5, 2008)

Effective on: 1/5/2025

2.33.375 Notice to Appear; When Used.

A notice to appear shall be used in all cases involving the violation of a municipal ordinance, except when an arrest warrant is issued.

(History: Ord. MCC-2768 §6, 2008)

Effective on: 1/1/1901

2.33.380 Same; Service; Return.

The notice to appear shall be served upon the accused person by delivering a copy to him or her 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 said person. A notice to appear may be served by a municipal judge, the clerk of the municipal court, the city attorney, an assistant city attorney, a law enforcement officer or a city officer. Upon service by mail, the person serving the notice to appear shall execute a return of service to be filed with a copy of the notice to appear. Said return of service shall be deemed sufficient if in substantially the following form:

The undersigned hereby certifies that on the ________ day of ________, ________, a copy of notice to appear was served, mailed, or delivered to ________ at ________, ________,

____________________________

Signature of Person Serving

Notice to Appear

(History: Ord. MCC-2768 §7, 2008)

Effective on: 1/1/1901