12-4113. Definitions.
12-4113
12-4113. Definitions.
As used in this act:
(a) "Appearance bond" means an undertaking, with or
without security, entered into by a person in custody by which the person
is bound to comply with the
conditions
of the undertaking.
(b) "Accused person" means a person, corporation or other legal entity
accused by a complaint of the violation of a city ordinance.
(c) "Arraignment" means the formal act of calling the person accused of
violating an ordinance before the municipal court to inform the person of
the offense with which the person is charged, to ask the
person whether
the person is guilty or not guilty and, if guilty, to
impose sentence.
(d) "Arrest" means the taking of a person into custody in order that
the person will appear to answer for the
violation of an ordinance. The
giving of a notice to appear is not an arrest.
(e) "Bail" is the security given for the purpose of insuring compliance
with the terms of an appearance bond.
(f) "City attorney" means any attorney who represents the city in the
prosecution of an accused person for the violation of a city ordinance.
(g) "Complaint" means a sworn written statement, or a written statement
by a law enforcement officer,
of the essential facts
constituting a violation of an ordinance.
(h) "Custody" means the restraint of a person pursuant to an arrest.
(i) "Detention" means the temporary restraint of a person by a law
enforcement officer.
(j) "Law enforcement officer" means any person who by virtue of office
or public employment is vested by law with a duty to maintain public order
and to make arrests for violation of the laws of the state of Kansas or
ordinances of any municipality thereof.
(k) "Notice to appear" is a written notice to a person accused by a
complaint of having violated an ordinance of a city to appear at a stated
time and place to answer to the charge of the complaint.
(l) "Subpoena" is a process issued by the court to cause a witness to
appear and give testimony at a time and place therein specified.
(m) "Ordinance traffic infraction" is a violation of an ordinance that
proscribes or requires the same behavior as that proscribed or required by
a statutory provision that is classified as a traffic infraction in
K.S.A. 8-2118 and amendments thereto.
(n) "Warrant" is a written order made by a municipal judge directed to
any law enforcement officer commanding the officer to arrest the person
named or described in it.
(o) "Ordinance cigarette or tobacco infraction" is a violation of an
ordinance that proscribes the same behavior as proscribed by subsection (m) or
(n) of K.S.A. 79-3321 and amendments thereto.
History: L. 1973, ch. 61, § 12-4113; L. 1984, ch. 78, § 1; L. 1984,
ch. 39, § 27;
L. 1996, ch. 214, § 18; July 1.