2.40.210 Notice to appear – Service – Return.
(a) The notice to appear shall be served upon the accused person by delivering a copy to him or her personally, or by leaving it at the dwelling house of the accused person or usual place of abode with some person of suitable age and discretion then residing therein, or by mailing it to the last known address of said person.
(b) If the accused person is a legal entity, the notice to appear shall be served by mailing it to the address of the legal entity identified in the records maintained by the Kansas Secretary of State and serving the notice to appear as follows:
(1) Serving a copy on an officer, manager, partner or agent;
(2) Leaving a copy at any of the business offices with the person having charge; or
(3) Serving a copy on any resident agent by mailing the notice to the address of the resident agent identified in the records maintained by the Kansas Secretary of State.
(c) A notice to appear may be served by any law enforcement officer, the Municipal Judge, the clerk of the Municipal Court, the City Attorney, 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, and, if mailed, shall be mailed by a law enforcement officer, the Municipal Judge, the clerk of the Municipal Court, the City Attorney, any 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.
(d) Upon service by mail, the person serving the notice to appear shall execute a verification to be filed with a copy of the notice to appear. Said verification shall be deemed sufficient if in substantially the following form:
The undersigned hereby certifies that on the ________________ day of ________, ________, a copy of notice to appear was mailed to _________________ at ___________________________________
/s/_________________________________
Signature of Person Serving
Notice to Appear
(Ord. 20383 § 4, 11-1-22. Formerly 2.110.210.)
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. 12-4207.