19-101d. Enforcement of resolutions; penalties; prosecution in district court; enforcement of county codes and resolutions in certain counties.
19-101d
19-101d. Enforcement of resolutions; penalties;
prosecution in
district court; enforcement of county codes and resolutions in certain
counties.
(a) (1) The board of county commissioners of any county shall have the power to
enforce all resolutions passed pursuant to county home rule powers, as
designated by K.S.A. 19-101c, and amendments thereto.
Resolutions
may be enforced by enjoining violations, by
prescribing penalties for violations by
fine, by confinement in the county jail or by both
fine and confinement. Unless otherwise provided by the resolution
that defines and makes punishable the violation of such resolution, the penalty
imposed shall be in accordance with the penalties established by law for
conviction of a class C misdemeanor. In no event shall the penalty imposed for
the violation of a resolution exceed the penalties established by law for
conviction of a class B misdemeanor.
(2) Prosecution for any violation shall be commenced in the
district
court 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 of
misdemeanor violations of state laws. Writs and process necessary for the
prosecution of such violations shall be in the form prescribed by the judge or
judges 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 the
prosecution of misdemeanor violations of state laws. Each county shall provide
all necessary supplies, forms and records at its own expense.
(b) (1) In addition to all other procedures authorized for the
enforcement
of county codes and resolutions, in Crawford, Douglas, Franklin, Jefferson,
Johnson, Leavenworth, Miami, Riley, Sedgwick, Shawnee and Wyandotte
counties, the
prosecution for violation of codes and resolutions adopted by the board of
county commissioners may be commenced in the district court in the name of the
county and may be conducted, except as otherwise provided in this section, in
the manner provided for and in accordance with the provisions of the code for
the enforcement of county codes and resolutions.
(2) The board of county commissioners of any county which has not provided
for the enforcement of county codes and resolutions in accordance with
provisions of the code for enforcement of county codes and resolutions on or
before July 1, 2007, and which desires to utilize
the provisions of the code for
enforcement of county codes and resolutions set forth
in article 47 of chapter 19 of the Kansas Statutes
Annotated, and amendments thereto, shall cause a
notice of its intention to utilize the provisions of the
code for enforcement of county codes and resolutions
set forth in article 47 of chapter 19 of the Kansas
Statutes Annotated, and amendments thereto, be
published in the official newspaper of the county. If
within 30 days next following the date of the
publication of such notice a petition, signed by electors
equal in number to not less than 5% of the electors of
the county, requesting an election thereon, shall be
filed in the office of the county election officer, no
utilization of the provisions of the code for
enforcement of county codes and resolutions set forth
in article 47 of chapter 19 of the Kansas Statutes
Annotated, and amendments thereto, may be made without such
proposition having first been submitted to and having
been approved by a majority of the electors of the
county 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 county
codes and
resolutions, the board of county commissioners may employ or appoint code
enforcement officers for the county who shall have power to sign, issue and
execute notices to appear and uniform citations or uniform complaints and
notices to appear, as provided in the appendix of forms of the code contained
in this act to enforce violations of county codes and resolutions, but shall
have no power to issue warrants or make arrests. All warrants shall be issued
and arrests made by law enforcement officers pursuant to and in the manner
provided in chapter 21 of the Kansas Statutes Annotated.
(4) The board of county commissioners may employ or appoint
attorneys for the
purpose of prosecuting actions for the enforcement of county codes and
resolutions. The attorneys shall have the duties,
powers and authorities
provided by the board that are necessary to prosecute actions
under the code.
(5) All costs for the enforcement and prosecution of
violations of county
codes and resolutions, except for compensation and expenses of the district
court judge, shall be paid from the revenues of the county.
The board of
county commissioners may establish a special law enforcement fund for the
purpose of paying for the costs of code enforcement within the county.
(c) Notwithstanding the provisions of subsection (b), any action commenced in
the district court for the enforcement of county codes and resolutions,
in which a person may be subject to detention or arrest
or in which an accused person, if
found guilty, would or might be deprived of the person's
liberty, shall be
conducted in the manner provided by law for the prosecution of misdemeanor
violations of state laws under the Kansas code of criminal procedure and not
under 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.