12-4113.   Definitions.As used in this act:

      (a)   "Appearance bond" means an undertaking, with orwithout security, entered into by a person in custody by which the personis bound to comply with theconditionsof the undertaking.

      (b)   "Accused person" means a person, corporation or other legal entityaccused by a complaint of the violation of a city ordinance.

      (c)   "Arraignment" means the formal act of calling the person accused ofviolating an ordinance before the municipal court to inform the person ofthe offense with which the person is charged, to ask theperson whetherthe person is guilty or not guilty and, if guilty, toimpose sentence.

      (d)   "Arrest" means the taking of a person into custody in order thatthe person will appear to answer for theviolation of an ordinance. Thegiving of a notice to appear is not an arrest.

      (e)   "Bail" is the security given for the purpose of insuring compliancewith the terms of an appearance bond.

      (f)   "City attorney" means any attorney who represents the city in theprosecution of an accused person for the violation of a city ordinance.

      (g)   "Complaint" means a sworn written statement, or a written statementby a law enforcement officer,of the essential factsconstituting 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 lawenforcement officer.

      (j)   "Law enforcement officer" means any person who by virtue of officeor public employment is vested by law with a duty to maintain public orderand to make arrests for violation of the laws of the state of Kansas orordinances of any municipality thereof.

      (k)   "Notice to appear" is a written notice to a person accused by acomplaint of having violated an ordinance of a city to appear at a statedtime and place to answer to the charge of the complaint.

      (l)   "Subpoena" is a process issued by the court to cause a witness toappear and give testimony at a time and place therein specified.

      (m)   "Ordinance traffic infraction" is a violation of an ordinance thatproscribes or requires the same behavior as that proscribed or required bya statutory provision that is classified as a traffic infraction inK.S.A. 8-2118 and amendments thereto.

      (n)   "Warrant" is a written order made by a municipal judge directed toany law enforcement officer commanding the officer to arrest the personnamed or described in it.

      (o)   "Ordinance cigarette or tobacco infraction" is a violation of anordinance 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.