A CHARTER ORDINANCE EXEMPTING THE CITY OF ANDOVER, KANSAS FROM K.S.A. 12-4207, AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT, RELATING TO SERVICE OF UNIFORM NOTICES TO APPEAR AND COMPLAINTS FILED WITH THE ANDOVER MUNICIPAL COURT.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ANDOVER, KANSAS:

Section 1. That the City of Andover, Kansas, by the power vested in it by Article 12, Section 5, of the Constitution of the State of Kansas, hereby elects to make inapplicable to it and exempts itself from K.S.A. 12-4207 relating to service of Complaints and Notices to Appear filed in the Municipal Court, which applies to said City but not uniformly to all cities, and provides substitute and additional provisions on the same subject as hereinafter provided.

Section 2. Complaints and Notices to Appear; Service. Complaints and Notices to Appear shall be served upon the accused persons 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 sui table age and discretion then residing therein, or by mailing it to the last known address of said person. A Complaint and Notice to Appear may be served by a law enforcement officer, fire marshal, duly appointed building official, city superintendent, code enforcement officer, zoning officer or animal control officer within the State and, if mailed, shall be mailed by an Andover law enforcement officer or the Clerk of the Municipal Court. No provisions of this Charter Ordinance shall be construed to empower fire marshals, building officials, city superintendents, code enforcement officers, zoning enforcement officers, animal control officers or court clerks with powers of arrest, search, detention or other powers of law enforcement officers, except as provided by law. Upon service by mail, the law enforcement officer or Court Clerk 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 ______________ 20__, a copy of the Complaint and Notice to Appear was mailed to _______________ at _________, __________.

                                                                                                                                                    
                                                                                                (Signature of Law Enforcement
                                                                                                Officer or Clerk of Court);

(10-25-1990)