19-101d.   Enforcement of resolutions; penalties;prosecution indistrict court; enforcement of county codes and resolutions in certaincounties.(a) (1) The board of county commissioners of any county shall have the power toenforce all resolutions passed pursuant to county home rule powers, asdesignated by K.S.A. 19-101c, and amendments thereto.Resolutionsmay be enforced by enjoining violations, byprescribing penalties for violations byfine, by confinement in the county jail or by bothfine and confinement. Unless otherwise provided by the resolutionthat defines and makes punishable the violation of such resolution, the penaltyimposed shall be in accordance with the penalties established by law forconviction of a class C misdemeanor. In no event shall the penalty imposed forthe violation of a resolution exceed the penalties established by law forconviction of a class B misdemeanor.

      (2)   Prosecution for any violation shall be commenced in thedistrictcourt in the name of the county and, except as provided in subsection (b),shall be conducted in the manner provided by law for the prosecution ofmisdemeanor violations of state laws. Writs and process necessary for theprosecution of such violations shall be in the form prescribed by the judge orjudges of the courts vested with jurisdiction of such violations by this act,and shall be substantially in the form of writs and process issued for theprosecution of misdemeanor violations of state laws. Each county shall provideall necessary supplies, forms and records at its own expense.

      (b) (1)   In addition to all other procedures authorized for theenforcementof county codes and resolutions, in Crawford, Douglas, Franklin, Jefferson,Johnson, Leavenworth, Miami, Riley, Sedgwick, Shawnee and Wyandottecounties, theprosecution for violation of codes and resolutions adopted by the board ofcounty commissioners may be commenced in the district court in the name of thecounty and may be conducted, except as otherwise provided in this section, inthe manner provided for and in accordance with the provisions of the code forthe enforcement of county codes and resolutions.

      (2)   The board of county commissioners of any county which has not providedfor the enforcement of county codes and resolutions in accordance withprovisions of the code for enforcement of county codes and resolutions on orbefore July 1, 2007, and which desires to utilizethe provisions of the code forenforcement of county codes and resolutions set forthin article 47 of chapter 19 of the Kansas StatutesAnnotated, and amendments thereto, shall cause anotice of its intention to utilize the provisions of thecode for enforcement of county codes and resolutionsset forth in article 47 of chapter 19 of the KansasStatutes Annotated, and amendments thereto, bepublished in the official newspaper of the county. Ifwithin 30 days next following the date of thepublication of such notice a petition, signed by electorsequal in number to not less than 5% of the electors ofthe county, requesting an election thereon, shall befiled in the office of the county election officer, noutilization of the provisions of the code forenforcement of county codes and resolutions set forthin article 47 of chapter 19 of the Kansas StatutesAnnotated, and amendments thereto, may be made without suchproposition having first been submitted to and havingbeen approved by a majority of the electors of thecounty voting at an election called and held thereon.Any election shall be called, noticed and held in the manner provided by K.S.A.10-120, and amendments thereto.

      (3)   For the purposes of aiding in the enforcement of countycodes andresolutions, the board of county commissioners may employ or appoint codeenforcement officers for the county who shall have power to sign, issue andexecute notices to appear and uniform citations or uniform complaints andnotices to appear, as provided in the appendix of forms of the code containedin this act to enforce violations of county codes and resolutions, but shallhave no power to issue warrants or make arrests. All warrants shall be issuedand arrests made by law enforcement officers pursuant to and in the mannerprovided in chapter 21 of the Kansas Statutes Annotated.

      (4)   The board of county commissioners may employ or appointattorneys for thepurpose of prosecuting actions for the enforcement of county codes andresolutions. The attorneys shall have the duties,powers and authoritiesprovided by the board that are necessary to prosecute actionsunder the code.

      (5)   All costs for the enforcement and prosecution ofviolations of countycodes and resolutions, except for compensation and expenses of the districtcourt judge, shall be paid from the revenues of the county.The board ofcounty commissioners may establish a special law enforcement fund for thepurpose of paying for the costs of code enforcement within the county.

      (c)   Notwithstanding the provisions of subsection (b), any action commenced inthe district court for the enforcement of county codes and resolutions,in which a person may be subject to detention or arrestor in which an accused person, iffound guilty, would or might be deprived of the person'sliberty, shall beconducted in the manner provided by law for the prosecution of misdemeanorviolations of state laws under the Kansas code of criminal procedure and notunder the code for the enforcement of county codes and resolutions.

      History:   L. 1976, ch. 149, § 1;L. 1976, ch. 150, § 1;L. 1988, ch. 102, § 1;L. 1990, ch. 66, § 22;L. 1997, ch. 147, § 8;L. 2005, ch. 170, § 1;L. 2007, ch. 142, § 4;L. 2007, ch. 195, § 9; July 1.