A Charter Ordinance to Exempt the City of Bonner Springs, Kansas, from K.S.A. 12‑4207 and to Provide Substitute Language and Additional Provisions on the Same Subject that Relates to Service of Notices to Appear Filed with the Municipal Court

Section 1. The City of Bonner Springs by virtue of the power vested in it by Article 12, Section 5, of the Constitution of the State of Kansas hereby elects to and does exempt itself and make inapplicable to it K.S.A. 12‑4207 which applies to this City, but is part of an enactment which does not apply uniformly to all cities, and provides substitute and additional provisions on the same subject as hereinafter provided.

Section 2.

(a)    For purposes of this Charter Ordinance the term “City of Bonner Springs officer or employee” shall mean: a Law Enforcement Officer, Clerk of the Municipal Court or duly appointed representative, Fire Chief or duly appointed representative, Animal Control Officer, Building Official or duly appointed representative, Planning Director or duly appointed representative, City Clerk or duly appointed representative, Environmental Codes Enforcement Officer or such other employee or agent of the City of Bonner Springs as may be designated by ordinary ordinance. No provision of this Charter Ordinance shall be construed to empower the Clerk of the Municipal Court, Fire Chief, Animal Control Officer, Building Official, Planning Director, City Clerk, or representatives of such officers or employees with the powers of arrest, search, detention or other powers of Law Enforcement Officers, except as provided by law.

(b)    The notice to appear shall be served upon the accused person by delivery of a copy to him or her personally, or placement of it at the residence of the accused person or usual place of abode with some person of suitable age and discretion who then resides therein or by mail to the last known address of said person.

(c)    The notice to appear may be served by a City of Bonner Springs officer or employee, within the state; and if mailed, shall be mailed by such City of Bonner Springs officer or employee. Upon service by mail, the City of Bonner Springs officer or employee shall execute a verification to be filed with a copy of the notice to appear which shall be deemed sufficient if in the following form:

       “the undersigned hereby certifies that on the _____ day of ____________, _______, I mailed a copy of the Notice to Appear to _________________ at __________________________, _______________, __________.        (Name) at (Address), (City), (State).

       ______________________________________________

       Signature of City of Bonner Springs Officer or Employee

Section 3. The authority to issue a Notice to Appear by an employee, officer or agent of the City who is not a sworn Law Enforcement Officer as established by this Charter Ordinance shall only be authorized by an ordinary ordinance that makes reference to this Charter Ordinance and establishes such restrictions and procedures as the Governing Body shall deem appropriate.

Section 4: This charter ordinance shall be published once each week for two consecutive weeks in the official City newspaper.

Section 5. This charter ordinance shall take effect 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, Subsection (c)(3) of the Constitution of Kansas, in which case the ordinance shall become effective if approved by the majority of the electors voting thereon.