12-4214.   Notice; explanation of rights.(a) Except as provided further, when a person is charged with an ordinancetrafficinfraction or an ordinance cigarette or tobacco infraction, the notice toappear shall provide a place where the person maymake a written entry of appearance, waive the right to a trial and pleadguilty or no contest. The notice to appear shall provide a space in whichthe law enforcement officer, except as provided in subsection (b), shallenter the appropriate fine specified in the fine schedule established bythe municipal judge in accordance with K.S.A. 12-4305 and amendmentsthereto, in the case of a traffic infraction, or a fine of $25, in the caseof an ordinance cigarette or tobacco infraction. Either the notice to appearor a separate formprovided to theperson by the law enforcement officer shall provide an explanation: (1) Oftheperson's right to appear and right to trial and the person's right topay theappropriate fine prior to the appearance date; (2) that failureto eitherpay such fine or appear at the specified time may result in issuance of awarrant for the person'sarrest; and (3) in the case of a traffic infraction, that failure to eitherpay such fine or appear at the specified time may result in the suspension ofthe person's driver's license. The law enforcement officer shall provide theperson with thetelephone number and address of the municipal court to which the writtenentry of appearance,waiver of trial, plea of guilty or no contest and payment of fine shall bemailed.

      (b)   In lieu of the law enforcement officer entering the appropriate finefor an ordinance traffic infraction, the officer may direct the personcharged with an ordinance traffic infraction to contact the clerk of themunicipal court to determine the applicable fine or provide the person witha copy of the fineschedule established by the municipal judge in accordance with K.S.A.12-4305 and amendments thereto.

      (c)   When a person is charged with an ordinance cigarette or tobaccoinfraction, the judge may require the juvenile to appear in court with a parentor legal guardian.

      (d)   This section shall be a part of and supplemental to theprovisionsof article 42 of chapter 12 of the Kansas Statutes Annotated and actsamendatory thereof or supplemental thereto.

      History:   L. 1985, ch. 78, § 1;L. 1996, ch. 214, § 21;L. 1998, ch. 192, § 1; May 28.