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As used in this article:

(a) “Accused person” means a person, corporation or other legal entity accused by a complaint of the violation of a City ordinance.

(b) “Agent” means any director, officer, partner, member, employee or other person who is authorized to act on behalf of a legal entity.

(c) “Appearance bond” means an undertaking, with or without security, entered into by a person in custody by which the person is bound to comply with the conditions of the undertaking.

(d) “Arraignment” means the formal act of calling the person accused of violating an ordinance before the Municipal Court to inform the person of the offense with which the person is charged, to ask the person whether the person is guilty or not guilty and, if guilty, to impose sentence.

(e) “Arrest” means the taking of a person into custody in order that the person will appear to answer for the violation of an ordinance. The giving of a notice to appear is not an arrest.

(f) “Bail” is the security given for the purpose of insuring compliance with the terms of an appearance bond.

(g) “City Attorney” means any attorney who represents the City in the prosecution of an accused person for the violation of a City ordinance.

(h) “Complaint” means a sworn written statement, or a written statement by a law enforcement officer, the City Attorney or an Assistant City Attorney, an animal control officer, a parking control officer as specifically authorized by TMC 10.60.350, a property maintenance inspector as specifically authorized by TMC 10.60.120 or a Fire Department employee with authority to enforce the fire code that recites the essential facts constituting a violation of an ordinance.

(i) “Custody” means the restraint of a person pursuant to an arrest.

(j) “Detention” means the temporary restraint of a person by a law enforcement officer.

(k) “Law enforcement officer” means any person who by virtue of office or public employment is vested by law with a duty to maintain public order and to make arrests for violation of the laws of the State of Kansas or ordinances of any municipality thereof. For the purposes of signing and serving a uniform complaint and notice to appear or a subpoena, the term shall also mean the City Attorney or an Assistant City Attorney, an animal control officer, a parking control officer as specifically authorized by TMC 10.60.350, a property maintenance inspector as specifically authorized by TMC 10.60.120 or a Fire Department employee with authority to enforce the fire code.

(l) “Legal entity” means a business trust, corporation, limited partnership, limited liability partnership, limited liability company and a foreign covered entity, as defined in K.S.A. 17-7902 and amendments thereto.

(m) “Notice to appear” is a written notice to a person accused by a complaint of having violated an ordinance of a City to appear at a stated time and place to answer to the charge of the complaint.

(n) “Ordinance cigarette or tobacco infraction” is a violation of an ordinance that proscribes the same behavior as proscribed by subsection (m) or (n) of K.S.A. 79-3321 and amendments thereto.

(o) “Ordinance traffic infraction” is a violation of an ordinance that proscribes or requires the same behavior as that proscribed or required by a statutory provision that is classified as a traffic infraction in K.S.A. 8-2118 (1998 Supp.) and amendments thereto.

(p) “Resident agent” is the representative of a legal entity appointed pursuant to K.S.A. 17-7901 et seq. and amendments thereto.

(q) “Show cause order” is a process issued by the court to require a resident agent or other representative of a legal entity to appear and give testimony regarding whether the court should proceed to trial and judgment without further process.

(r) “Subpoena” is a process issued by the court to cause a witness to appear and give testimony at a time and place therein specified.

(s) “Warrant” is a written order made by a Municipal Judge directed to any law enforcement officer commanding the officer to arrest the person named or described in it. (Ord. 20383 § 2, 11-1-22. Formerly 2.110.130.)

Cross References:Definitions generally, TMC 1.10.020.

State Law References:Similar State statute, K.S.A. 12-4113.