Session of 1997
HOUSE BILL No. 2472
By Representatives Flora, Bradley, Hutchins, Kirk,
Mays, Nichols and Toelkes
9 AN ACT concerning counties; relating to the enforcement of county
10 codes and resolutions; amending K.S.A. 19-101d and repealing the
11 existing section.
13 Be it enacted by the Legislature of the State of Kansas:
14 Section 1. K.S.A. 19-101d is hereby amended to read as follows: 19-
15 101d. (a) (1) The board of county commissioners of any county shall have
16 the power to enforce all resolutions passed pursuant to county home rule
17 powers, as designated by K.S.A. 19-101c and amendments thereto. Such
18 resolutions may be enforced by enjoining violations thereof or by pre-
19 scribing penalties for violations of such resolutions, either by fine, or by
20 confinement in the county jail, or by both such fine and confinement.
21 Unless otherwise provided by the resolution that defines and makes pun-
22 ishable the violation of such resolution, the penalty imposed shall be in
23 accordance with the penalties established by law for conviction of a class
24 C misdemeanor. In no event shall the penalty imposed for the violation
25 of a resolution exceed the penalties established by law for conviction of
26 a class B misdemeanor.
27 (2) Prosecution for any such violation shall be commenced in the
28 district court in the name of the county and, except as provided in sub-
29 section (b), shall be conducted in the manner provided by law for the
30 prosecution of misdemeanor violations of state laws. Writs and process
31 necessary for the prosecution of such violations shall be in the form pre-
32 scribed by the judge or judges of the courts vested with jurisdiction of
33 such violations by this act, and shall be substantially in the form of writs
34 and process issued for the prosecution of misdemeanor violations of state
35 laws. Each county shall provide all necessary supplies, forms and records
36 at its own expense.
37 (b) (1) In addition to all other procedures authorized for the enforce-
38 ment of county codes and resolutions, in any county with a population in
39 excess of
300,000 150,000, the prosecution for violation of codes and
40 resolutions adopted by the board of county commissioners may be com-
41 menced in the district court in the name of the county and may be con-
42 ducted, except as otherwise provided in this section, in the manner pro-
1 vided for and in accordance with the provisions of the code for the
2 enforcement of county codes and resolutions.
3 (2) For the purposes of aiding in the enforcement of county codes
4 and resolutions, the board of county commissioners may employ or ap-
5 point code enforcement officers for the county who shall have power to
6 sign, issue and execute notices to appear and uniform citations or uniform
7 complaints and notices to appear, as provided in the appendix of forms
8 of the code contained in this act to enforce violations of county codes and
9 resolutions, but shall have no power to issue warrants or make arrests.
10 All warrants shall be issued and arrests made by law enforcement officers
11 pursuant to and in the manner provided in chapter 21 of the Kansas
12 Statutes Annotated.
13 (3) The board of county commissioners may employ or appoint at-
14 torneys for the purpose of prosecuting actions for the enforcement of
15 county codes and resolutions, and such attorneys shall have the duties,
16 powers and authorities provided by the board as necessary to prosecute
17 actions under the code.
18 (4) All costs for the enforcement and prosecution of violations of
19 county codes and resolutions, except for compensation and expenses of
20 the district court judge, shall be paid from the revenues of the county
21 and, the board of county commissioners may establish a special law en-
22 forcement fund for the purpose of paying for the costs of code enforce-
23 ment within the county. In addition, the board of county commissioners
24 is hereby authorized to levy a tax of not to exceed 1/2 mill upon all taxable
25 tangible property within such county to pay the costs of code enforce-
27 (c) Notwithstanding the provisions of subsection (b), any action com-
28 menced in the district court for the enforcement of county codes and
29 resolutions, wherein a person may be subject to detention or arrest or
30 wherein an accused person, if found guilty, would or might be deprived
31 of such person's liberty, shall be conducted in the manner provided by
32 law for the prosecution of misdemeanor violations of state laws under the
33 Kansas code of criminal procedure and not under the code for the en-
34 forcement of county codes and resolutions.
35 Sec. 2. K.S.A. 19-101d is hereby repealed.
36 Sec. 3. This act shall take effect and be in force from and after its
37 publication in the statute book.