32-1049. Citation; notice.

32-1049

Chapter 32.--WILDLIFE, PARKS AND RECREATION Article 10.--ENFORCEMENT

      32-1049.   Citation; notice.(a) Whenever a person is charged for any violation of any of the wildlifeand parks laws of this state or the provisions ofarticle 11 of chapter 32 ofthe Kansas Statutes Annotated or rules and regulations adopted thereunderpunishable as a misdemeanor and is not immediately taken before ajudge of the district court as required or permitted pursuant toK.S.A. 32-1048 and 32-1178, and amendments thereto,the officer shall prepare a written citation containing a notice to appearin court, the name and address of the person, the offense charged, the timeand place when and where the person shall appear in court and such otherpertinent information as may be necessary.

      (b)   The time specified in the citation must be at least five daysafter the alleged violation unless the person charged with the violationshall demand an earlier hearing.

      (c)   The place specified in the citation must be before a judge of thedistrict courtwithin the county in which the offense is alleged to have been committedand who has jurisdiction of the offense and is nearest or most accessiblewith reference to the place where the alleged violation occurred.

      (d)   The person charged with the violation may give a writtenpromise to appear in court by signing at least one copy of the writtencitation prepared by the officer, in which event the officer shall delivera copy of the citation to the person, and thereupon the officer shall nottake the person into physical custody for the violation.

      (e)   Any officer violating any provisions of this section is guilty ofmisconduct in office and shall be subject to removal from office.

      (f)   In the event the form of citation provided for in this sectionincludes information required by law and is signed by the officer preparingthe same, such citation when filed with a court having jurisdictionshall be deemed to be a lawful complaint for the purpose of prosecutionunder law.

      History:   L. 1975, ch. 223, § 1; L. 1976, ch. 145, § 157;L. 1986, ch. 150, § 2;L. 1989, ch. 118, § 135; July 1.