§ 23-16. Notice to appear; contents; form.  


Latest version.
  • (a)

    Except as otherwise provided in this section, a notice to appear shall describe the offense charged, summon the accused person to appear, and 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 municipal judge, the clerk of the municipal court, the chief counsel, an assistant counsel, any law enforcement officer, fire marshal, fire inspector, health inspector, building official, code enforcement officer, zoning enforcement officer, warrant officer, animal control officer, parking control officer, weights and measures inspector, right-of-way manager or right-of-way inspector, or license inspector. When the offense charged is a violation of any ordinances or regulations concerning parking, the notice to appear need not contain a court date. Any person who wishes to plead not guilty to such a charge must call the traffic violations bureau of the municipal court to schedule a court date.

    (b)

    A notice to appear shall be deemed sufficient if in substantially the following form:

    IN THE UNIFIED GOVERNMENT OF

    WYANDOTTE COUNTY/KANSAS CITY, KANSAS

    The Unified Government of

    Wyandotte County/Kansas City, Kansas,

    vs.

    ___________

    (Accused person)

    ___________

    (Address)

    NOTICE TO APPEAR

    The Unified Government of Wyandotte County/Kansas City, Kansas, To The Above Named Accused Person.

    You are hereby summoned to appear before the Municipal Court of the Unified Government of Wyandotte County/Kansas City, Kansas, on the _______ day of _______ _______ at _______ o'clock _______.m.; to answer a complaint charging you with ________.

    ___________

    ___________

    If you fail to appear, a warrant will be issued for your arrest.

    Dated ___________.

    ___________

    Signature of Official

    ___________

    Title of Official

    I agree to appear in said court at said time and place.

    ___________

    Signature of Accused Person

    RETURN

    The undersigned hereby certifies that on the _______ day of _______, the notice to appear was served, mailed or delivered.

    ___________

    Official

    (c)

    A notice shall be deemed in substantial and proper form in compliance with subsection (a) of this section if issued by and under the authority of the city.

(Code 1988, § 23-13; Ord. No. O-23-98, §§ 1, 2, 5-21-1998; Ord. No. O-25-00, §§ 3, 4, 3-9-2000; Ord. No. O-14-01, § 2, 2-1-2001)