2.40.180 Notice to appear – Contents – Form.
(a) A notice to appear shall describe the offense charged, shall summon the accused person to appear, shall contain a space in which the accused person may agree, in writing, to appear at a time not less than five days after such notice to appear is given, unless the accused person shall demand an earlier hearing. A notice to appear may be signed by a Municipal Judge, the clerk of the Municipal Court, the City Attorney, an Assistant City Attorney, a law enforcement officer of the City, an animal control officer, or a Fire Department employee with authority to enforce the Uniform Fire Code.
(b) If the accused person is a legal entity, the notice to appear shall summon an agent.
(c) A notice to appear shall be deemed sufficient if in substantially the form of the notice to appear set out in K.S.A. 12-4204 and amendments thereto, or if in substantially the following form:
IN THE MUNICIPAL COURT
OF TOPEKA, KANSASThe City of Topeka, Kansas
vs.
________________________________,
(Accused person)
________________________________,
(Address)NOTICE TO APPEAR
The City of Topeka, Kansas, To The Above Named Accused Person.
You are hereby summoned to appear before the Municipal Court of Topeka, Kansas, on the ________ day of ________, ________, at ___________ o’clock, ________.m., to answer a complaint charging you with
_________________________________
_________________________________
________________________________.
If you fail to appear a warrant will be issued for your arrest.
Dated __________________, ________.
_________________________________
/s/____________________
Signature of Official/s/____________________
Title of OfficialI agree to appear in said Court at said time and place.
_________________________________
/s/_________________________
Signature of Accused PersonRETURN
The undersigned hereby certifies that on the _____________ day of ___________, ________, the notice to appear was served, mailed or delivered.
/s/________________________
Signature and Title of Official
(Ord. 20383 § 3, 11-1-22. Formerly 2.110.180.)
Cross References:Fire Department, TMC 2.20.030; City Attorney, TMC 2.20.070; Police Department, TMC 2.20.090; animal control officer, TMC 6.05.040.
State Law References:Similar State statute, K.S.A. 12-4204.