Title 19 - Charter Ordinances

Charter Ordinance No. Twenty-Four (Repealed by Ch. Ord. No. Thirty)

(Note: All or parts of this charter ordinance have been repealed. See notes at the end of the ordinance.)

A CHARTER ORDINANCE EXEMPTING THE CITY OF OVERLAND PARK, KANSAS, FROM SECTION 12-4205 OF THE KANSAS STATUES ANNOTATED PERTAINING TO UNIFORM COMPLAINT AND NOTICE TO APPEAR AS PROVIDED FOR IN THE CODE OF PROCEDURE FOR MUNICIPAL COURTS, AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT.

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

SECTION 1. The City of Overland Park, Kansas, by the power vested in it by Article l2, Section 5 of the Constitution of the State of Kansas, hereby elects to exempt itself from and make inapplicable to it Section 12-4205 of the Kansas Statutes Annotated, and provide substitute and additional provisions therefor. Section 12-4205 of the Kansas Statutes Annotated is part of the Code of Procedure For Municipal Courts, Kansas Statutes Annotated 12-4101 et seq., an enactment of the legislature which is applicable to the City of Overland Park, but not uniformly applicable to all cities, and the legislature has not established classes of cities for the purpose of imposing limitations on procedures in municipal courts.

SECTION 2. 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 substantially the following form, to wit:

The foregoing provisions notwithstanding, however, and notwithstanding the provisions of Kansas Statutes Annotated 12-4113 (g), or any amendments thereto, whenever a law enforcement officer issues a Uniform Complaint and Notice to Appear for violation of any City traffic ordinance, and such Uniform Complaint and Notice to Appear includes information required by and is signed by the officer preparing the same, then such Uniform Complaint and Notice to Appear shall be deemed lawful for purposes of prosecution under this Act even though the same has not been sworn to before a Municipal Judge, Court Clerk, Assistant Court Clerk or Notary Public.

SECTION 3. This ordinance shall be published once every week for two consecutive weeks in the official City newspaper.

SECTION 4. This is a Charter Ordinance and shall take effect sixty-one (61) days after final publication unless a sufficient petition for a referendum is filed and a referendum held on the ordinance as provided in Article 12, Section 5, Subdivision (c)(3) of the Constitution of Kansas, in which case the ordinance shall become effective as approved by a majority of the electors voting thereon.

PASSED by the Governing Body not less than two-thirds of the members-elect voting in favor thereof the 1st day of October, 1979.

Ben M. Sykes, Mayor

ATTEST:

Bernice Crummett, City Clerk

APPROVED AS TO FORM:

James L. Robinson

Assistant City Attorney

Passed: 10/1/79

Published: 10/5/79

10/12/79

Effective: 12/12/79

Entire ordinance repealed by Charter Ordinance No. Thirty

Effective on: 1/1/1901