Johnson County, Kansas criminal case law and statutes

Sections:

2.28.010 ESTABLISHED.
2.28.030 COSTS.
2.28.040 SCHEDULE OF FINES.
2.28.050 TIME AND PLACE.
2.28.070COMPLAINTS.
2.28.080 NOTICES TO APPEAR.
2.28.100 WARRANTS.


2.28.010 ESTABLISHED.
A Municipal Court of the City is created and established to be presided over by a Municipal Judge. (Ord. 2850, 2007; Prior code §9-101)

2.28.030 COSTS.
The Municipal Judge by Administrative Order shall provide for the amount and manner of assessment of court costs and fees as deemed appropriate. (Authority of Charter Ordinance 36 )

2.28.040 SCHEDULE OF FINES.
A. The Municipal Judge by Administrative Order may establish a schedule of fines which shall be imposed for the violation of certain ordinances upon a voluntary entry of appearance and upon a plea of guilty or no contest to a complaint alleging such violation. Violations for which the Municipal Judge has not established a fine by Administrative Order require a mandatory court appearance. The Municipal Judge may authorize the Clerk of the Municipal Court or some other person to accept such voluntary appearance and plea of guilty or no contest and to accept the payment of the fine imposed by the schedule. (Authority of Charter Ord. 36 )

B. The schedule of fines and persons authorized to accept such pleas shall be conspicuously displayed in the office where such voluntary appearance, plea of guilty and payment of fine occurs. (Authority of Charter Ord. 14 §3, 1979)

2.28.050 TIME AND PLACE.
The Municipal Judge shall have the authority to establish the sessions, dockets and locations of the municipal court. (Ord. 2851 , 2007; Ord. 2619, 2002 ;Ord. 1280 §1, 1977: prior code §9-103)

2.28.070 COMPLAINTS.
A. The following officials or officers are hereby empowered to sign and serve municipal complaints:
1. Law Enforcement Officer;

2. Community Service Officer commissioned by the Chief of Police;

3. Chief Codes Administrator and his or her designee;

4. Fire Chief;

5. Fire Marshal;

6. City Attorney;

7. City Prosecutor;

8. Fire Prevention Officer;

9. Public Works Director and his or her designee; and

10. Such other person designated by the Governing Body.
B. The Municipal Court Clerks and the Municipal Judge are hereby empowered to serve municipal complaints.

C. Third party complaints may be signed in accordance with Kansas State law. (Authority of Charter Ord. 38 , 2007; Ord. 2850 , 2007)

2.28.080 NOTICE TO APPEAR.
The following officials or officers are hereby empowered to sign and serve a notice to appear:

A. Law Enforcement Officer;

B. Community Service Officer commissioned by the Chief of Police;

C. Chief Codes Administrator and his or her designee;

D. Fire Chief;

E. Fire Marshal;

F. City Attorney;

G. City Prosecutor;

H. Fire Prevention Officer;

I. Public Works Director and his or her designee;

J. Municipal Court Clerk;

K. Municipal Judge; and

L. Such other person designated by the Governing Body. (Authority of Charter Ord. 38 2007, ; Ord. 2850 , 2007)

2.28.100 WARRANTS.
The following officials or officers are hereby empowered to serve a warrant:

A. Law Enforcement Officer; and

B. Municipal Judge. (Ord. 2850 , 2007)

Sections:

10.04.010 INCORPORATING STANDARD TRAFFIC ORDINANCE.
10.04.020 AMENDMENTS TO THE STANDARD TRAFFIC ORDINANCE.
10.04.030 OMITTED.
10.04.040 FINES DOUBLED IN SCHOOL ZONES.
10.04.050 DISPLAY OF LICENSE PLATE.

10.04.010 INCORPORATING STANDARD TRAFFIC ORDINANCE.
There is incorporated by reference for the purpose of regulating traffic within the corporate limits of the City of Shawnee, Kansas, that certain standard traffic ordinance known as the "Standard Traffic Ordinance for Kansas Cities," Edition of 2008, prepared and published in book form by the League of Kansas Municipalities, except such articles, sections, parts or portions as are hereafter omitted, deleted, modified or changed. No fewer than three copies of said Standard Traffic Ordinance shall be marked or stamped as an official copy as adopted by Ordinance No. 2921, with all sections or portions thereof intended to be omitted or changed clearly marked to show any such omission or change and to which shall be attached a copy of this ordinance, and filed with the City Clerk to be open to inspection and available to the public at all reasonable hours. The Police Department, Municipal Judge, Municipal Prosecutors, and all Administrative Departments of the City charged with enforcement of this Ordinance shall be supplied, at the cost of the City, such number of official copies of the Standard Traffic Ordinance similarly marked, as may be expedient.

2008 STANDARD TRAFFIC ORDINANCE -> 2008STO.pdf

(Ord. 2921, 2009; Ord. 2851, 2007 ; Ord. 2836, 2007 ; Ord. 2692, 2003 ;Ord. 2636, 2002;)

10.04.020 AMENDMENTS TO THE STANDARD TRAFFIC ORDINANCE.
The following Sections of the Standard Traffic Ordinance for Kansas Cities as adopted by Section 10.04.010, are hereby amended to read as follows:

A. Section 23: Accident Involving Personal Injuries not resulting in great bodily harm to or death of any person; Penalties.
(a) The driver of any vehicle involved in an accident resulting in injury not resulting in great bodily harm to or death of any person shall immediately stop such vehicle at the scene of such accident or as close thereto as possible, but shall then forthwith return to and in every event shall remain at the scene of the accident until the driver has fulfilled the requirements of Section 25 of this ordinance. Each such stop shall be made without obstructing traffic more than is necessary.

(b) Any person who violates this section which results in injury but does not rise to the level of great bodily harm or death of any person shall be punished by imprisonment for not more than one year or by a fine of not more than $2,500, or by both such fine and imprisonment, a class A offense. (K.S.A. 8-1602, as amended)
B. Section 27: Duty to Report Accidents
(a) The driver of a vehicle involved in an accident resulting in injury not resulting in great bodily harm to or death of any person or total damage to all property to an apparent extent of $1,000 or more shall give notice immediately of such accident by the quickest means of communication to the police department.

(b) Whenever the driver of a vehicle is physically incapable of giving an immediate notice of an accident as required in subsection (a), and there was an occupant 18 years of age or alder in the vehicle at the time of the accident capable of doing so, such occupant shall make or cause to be given the notice not given by the driver.

(c) Whenever the driver of a vehicle is involved in an accident resulting in property damage in the amount of $1,000 or more and such driver believes the conduct of other individuals causing or involved in such accident would place such driver in imminent danger of bodily injury by such individuals, such driver shall be required to provide the notice required by subsection (a), as soon as the imminent danger has passed. (K.S.A. Supp. 8-1606, as amended)
(1) A violation of this section shall be a class A offense.
C. Section 29: Reckless Driving; Penalties
(a) Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.

(b) Upon a first conviction of a violation of this section a person shall be sentenced to not less than five days nor more than 90 days’ imprisonment or by a fine of not less than $25 nor more than $500, or by both such fine and imprisonment. On a second or subsequent conviction of a violation of this section, a person shall be sentenced to not less than 10 days nor more than six months’ imprisonment, or fined not less than $50 nor more than $500 or both such fine and imprisonment. (K.S.A.8-1566)

Section 29A: Careless Driving

(a) No person shall operate or halt any vehicle in such a manner as to indicate a careless or heedless disregard for the rights or safety of others, or in such a manner as to endanger any person or property.

(b) Upon a first conviction for a violation of this section, a person shall be fined not less than $25.00 nor more than $500.00. On a second or subsequent conviction of a violation of this section, a person shall be fined not less than $50.00 nor more than $1000.00.
D. Section 33: Maximum Speed Limits
(a) Except when a special hazard exists that requires a lower speed for compliance with Section 32 of the Standard Traffic Ordinance, the limits of speed specified in this section or established as hereinafter authorized shall be maximum lawful speeds and no person shall drive a vehicle at a speed in excess of such maximum limits.(1) Twenty (20) miles per hour in any business district, except where otherwise posted.

(2) Thirty (30) miles per hour in any residence district, except where otherwise posted.

(3) Twenty (20) miles per hour in any park under the jurisdiction of this City, except where otherwise posted.

(4) Twenty-five (25) miles per hour between the hours of 7:30 a.m. and 4:00 p.m. of any day school is in session, upon those streets and/or parts of streets abutting school property and adjacent to school crosswalks designated as school zones, where appropriate signs are erected giving notice of such speed limit. The time period during which this paragraph's restrictions are enforceable may be modified and shall be effective as to the actual periods of time specified on the signs posting the speed limitation.

(5) Fifty-five (55) miles per hour in all other locations unless otherwise posted. The maximum speed limits establishing by or pursuant to this paragraph shall be of force and effect regardless of whether signs are posted giving notice thereof.(b) No person shall drive a school bus to or from school or inter-school or intra-school functions or activities at a speed greater than 45 miles per hour on any roadway having dirt, sand or gravel surface, and in no event shall a school bus be driven to and from school or activities in excess of 55 miles per hour, notwithstanding any maximum speed limit in excess thereof. The provisions of this subsection also shall apply to buses used for the transportation of students enrolled in community colleges or area vocational schools when such buses are transporting students to or from school functions or activities.

(c) Whenever the Chief of Police or City Public Works Department determines that any speed limit set forth in this section should be greater or less than the posted speed limit to insure safety under the conditions found to exist upon any part of a street, said Chief of Police or City Public Works Department shall determine and declare a reasonable and safe speed limit thereon which shall be effective at all times or during the daytime or nighttime or at such other times as may be determined when appropriate signs giving notice thereof are erected on such street, pursuant to K.S.A. 8-1560 and 8-2002. Accordingly, the Chief of Police or City Public Works Department may post appropriate signs giving notice thereof, pursuant to K.S.A. 8-1560 and 8-2002 of an increased fine which doubles the scheduled fine amount for exceeding the speed limit within construction zones.

(d) The maximum speed limits in this section may be altered as authorized in K.S.A. 8-1559 and K.S.A. 8-1560, and amendments thereto.
E. Section 106: Transportation of Alcoholic Beverages
(a) No person shall transport in any vehicle upon a highway or street any alcoholic beverage unless such beverage is:
(1) In the original unopened package or container, the seal of which has not been broken and from which the original cap, cork or other means of closure has not been removed; or
(2) In the locked rear trunk or rear compartment, or any locked outside compartment which is not accessible to any person in the vehicle while it is in motion; or
(3) If a motor vehicle is not equipped with a trunk, behind the last upright seat or in an area not normally occupied by the driver or a passenger; or
(4) In a sealed tamper-proof transparent bag: (A) In which the container or alcoholic liquor has been removed from the licensed premises of a club or drinking establishment in accordance with section 1 of K.S.A. 8-1599 and amendments thereto; (B) which has not subsequently been tampered with or opened and (C) which is accompanied by the dated receipt for the unfinished container, issued by the club or drinking establishment; and (D) is in its original container; or
(5) In the exclusive possession of a passenger in a vehicle which is a recreational vehicle or a bus, who is not in the driving compartment of such vehicle or who is in a portion of such vehicle from which the driver is not directly accessible.
(b) Violation of this section is punishable by a fine of not more than $200 or by imprisonment for not more than six months, or both.

(c) Except as provided in subsection (e) upon conviction or adjudication of a second or subsequent violation of this section, the judge, in addition to any other penalty or disposition ordered pursuant to law, shall suspend the person’s driver’s license or privilege to operate a motor vehicle on the streets and highways of this state for one year.

(d) Upon suspension of a license pursuant to this section, the court shall require the person to surrender the license to the court, which shall transmit the license to the division of motor vehicles of the department of revenue, to be retained until the period of suspension expires. At that time, the licensee may apply to the division for return of the license. If the license has expired, the person may apply for a new license, which shall be issued promptly upon payment of the proper fee and satisfaction of other conditions established by law for obtaining a license unless another suspension or revocation of the person’s privilege to operate a motor vehicle is in effect.

(e) In lieu of suspending the driver’s license or privilege to operate a motor vehicle on the highways of this state of any person convicted of violating this section, as provided in subsection (c), the judge of the court in which such person was convicted may enter an order which places conditions on such person’s privilege of operating a motor vehicle on the highways of this state, a certified copy of which such person shall be required to carry any time such person is operating a motor vehicle on the highways of this state. Any such order shall prescribe the duration of the conditions imposed, which in no event shall be for a period of more than one year for a second violation.
Upon entering an order restricting a person’s license hereunder, the judge shall require such person to surrender such person’s driver’s license to the judge who shall cause it to be transmitted to the division of vehicles, together with a copy of the order. Upon receipt thereof, the division of vehicles shall issue without charge a driver’s license which shall indicate on its face that conditions have been imposed on such person’s privilege of operating a motor vehicle and that a certified copy of the order imposing such conditions is required to be carried by the person for whom the license was issued any time such person is operating a motor vehicle on the highways of this state. If the person convicted is a nonresident, the judge shall cause a copy of the order to be transmitted to the division and the division shall forward a copy of it to the motor vehicle administrator, of such person’s state of residence. Such judge shall furnish to an person whose driver’s license has had conditions imposed on it under this section a copy of the order, which shall be recognized as a valid Kansas driver’s license until such time as the division shall issue the restricted license provided for in this section.Upon expiration of the period of time for which conditions are imposed pursuant to this subsection, the licensee may apply to the division for the return of the license previously surrendered by such licensee. In the event such license has expired, such person may apply to the division for a new license, which shall be issued immediately by the division upon payment of the proper fee and satisfaction of the other conditions established by law, unless such person’s privilege to operate a motor vehicle on the highways of this state has been suspended or revoked prior thereto. If any person shall violate any of the conditions imposed under this subsection, such person’s driver’s license or privilege to operate a motor vehicle on the highways of this state shall be revoked for a period of not less than 60 days nor more than one year by the judge of the court in which such person is convicted of violating such conditions.
(f) It shall be an affirmative defense to any prosecution under this section that an occupant of the vehicle other than the defendant was in exclusive possession of the alcoholic beverage.

(g) The court shall report to the division every conviction of a violation of this section. Prior to sentencing under the provisions of this section, the court shall request and shall receive from the division a record of all prior convictions obtained against such person for any violations of any of the motor vehicle laws of this state.

(h) For the purpose of determining whether a conviction is a first, second or subsequent conviction in sentencing under this section:
(1) Conviction includes being convicted of a violation of an ordinance of any city, or resolution of any county, which prohibits the acts that K.S.A. 8-1599, as amended, prohibits;

(2) Only convictions occurring in the immediately preceding five years shall be taken into account, but the court may consider other prior convictions in determining the sentence to be imposed within the limits provided for the first, second or subsequent offender, which is applicable; and

(3) It is irrelevant whether an offense occurred before or after conviction for a previous offense. (K.S.A. 8-1599)
(Ord. 2921, 2009; Ord. 2851, 2007 ; Ord. 2836, 2007 ; Ord 2692, 2003 ; Ord. 2563, 2001; Ord. 2524, 2000; Ord. 2464, 1999, Ord. 2399 SB,1998; Ord 2347 B, 1997; Ord. 2319 §2, 1997; Ord. 2288 §B, 1996)

10.04.030 OMITTED.
Sections 88, 181 and 199 of the Standard Traffic Ordinance for Kansas Cities, edition of 2008, of the Standard Traffic Ordinance for Kansas Cities as adopted by Section 10.04.010, are deleted and hereby declared to be omitted from incorporation by reference. (Ord. 2921, 2009; Ord. 2851, 2007 ; Ord. 2836, 2007 ; Ord. 2692, 2003 ;Ord. 2636; Ord. 2563, 2001)

10.04.040 FINES DOUBLED IN SCHOOL ZONES.
Fines listed in the schedule of fines, as established by the municipal court Judge relating to exceeding the maximum speed limit, shall be doubled if a person is convicted of exceeding the maximum speed limit in a school zone authorized under subsection (a)(4) of K.S.A. 8-1560 and amendments thereto. (Ord. 2851, 2007)

10.04.050 DISPLAY OF LICENSE PLATE.
The license plate assigned to the vehicle shall be attached to the rear thereof and shall be so displayed during the current registration year or years, and no Kansas registration plate for any other year shall appear on the front of the vehicle, except that: (a) The license plate issued for a truck tractor shall be attached to the front of the truck tractor; (b) a model year license plate may be attached to the front of an antique vehicle, in accordance with K.S.A. 8-172, and amendments thereto; or (c) a personalized license plate as authorized under subsection (c) of K.S.A. 8-132, and amendments thereto, may be attached to the front of a passenger vehicle or truck. Every license plate shall at all times be securely fastened to the vehicle to which it is assigned so as to prevent the plate from swinging, and at a height not less than twelve inches from the ground, measuring from the bottom of such plate, in a place and position to be clearly visible, and shall be maintained free from foreign materials and in a condition to be clearly legible. During any period in which the construction of license plates has been suspended pursuant to the provisions of K.S.A. 8-132, and amendments thereto, the plate, tag, token, marker or sign assigned to such vehicle shall be attached to and displayed on such vehicle in such place, position, manner and condition as shall be prescribed by the director of vehicles. K.S.A. 8-133 (Ord. 2836, 2007 )