Wichita Charter Ordinance No. 239

in effect

CHARTER ORDINANCE NO. 239 A CHARTER ORDINANCE AMENDING CHARTER ORDINANCE 237 PERTAINING TO MUNICIPAL COURT PROCEDURES BY CREATION OF A SUBSTITUTE PROVISION. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS: Be it ordained by the governing body of the City of Wichita, Kansas, a Council Manager City of the First Class, by the power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas: SECTION 1. The original of Section 1 of Charter Ordinance 237 is hereby amended to read as follows: Definitions. In addition to the definitions contained in K.S.A. 12-4113, which are incorporated herein by reference, the following terms shall have the following meanings: a. "Complaint" means a sworn written statement or a written statement of the essential facts constituting a violation of an ordinance signed by a law enforcement officer, community service officer, parking control officer or other official designated by the Code of the City of Wichita to enforce ordinance violations. b. "Community Service Officer" is an employee of the City of Wichita who is designated pursuant to the provisions of Section 11.16.040(c) to enforce ordinance violations of Title 11 of the Code of the City of Wichita. Except as provided by K.S.A. 22-2403 and amendments thereto, such employees are not authorized to arrest or detain individuals. c. "Court Services Officer" is an employee of the City of Wichita who is authorized to serve notices to appear, complaints, citations, maintain or assert custody or supervision over persons accused or convicted of a crime and execute arrest warrants issued by a Wichita Municipal Court Judge. Such persons may also detain or arrest individuals as authorized by K.S.A. 22-2403. For the purposes of executing municipal court warrants as set forth above, a court services officer may detain such persons, place them in custody and arrest them pursuant to a Wichita Municipal Court warrant. Such arrests may only take place in the Wichita Municipal Court for individuals who have surrendered themselves to the court on the warrant or have otherwise appeared before the Municipal Court. Court Services Officers are authorized to fingerprint individuals arrested on Municipal Court warrants as described in this section, or as otherwise directed by a Wichita Municipal Court Judge and, as required, transport such individuals to or from the Sedgwick County Adult Detention Facility. Court services officers may release individuals from custody as directed by a Wichita Municipal Court Judge. Court Service officers are not authorized to enforce any ordinance violations of this code. d. "Electronic citation" means a charging citation, complaint or notice to appear which is prepared by a law enforcement officer, community service officer, parking control officer, or other official designated by the Code of the City of Wichita to enforce ordinance violations on an electronic data device with the intent that data collected will be electronically filed with the Municipal Court as provided for by the provisions of K.S.A. 12-4201 through 12-4207, and amendments thereto, for the prosecution of a municipal ordinance violation. The data elements collected shall conform with the requirements of K.S.A. 12-4201 through 12-4207 and amendments thereto or the requirements of the Secretary of Revenue or the Secretary's designee pursuant to K.S.A. 79-3393 and amendments thereto, as applicable. e. "Electronic Citation System" means the device, database or computer software used to create, store, transmit or exchange the data included in an electronic citation, notice to appear or complaint. f. "Electronic signature" means any electronic method of signing a document that meets the following requirements: 1. Identifies and authenticates a particular person as the signer of the document, is unique to the person using it, is capable of certification, and is under the sole control of the person using it. 2. Is attached to or logically associated with the document in such a manner that if the document is altered in any way without authorization of the signer, the signature is invalid. 3. Indicates that person's intent to issue, enter or otherwise authenticate the document. 4. An electronic signature indicated by the law enforcement officers or other designated official's typed name and agency identification number has the same effect and is as sufficient as a manual signature. g. "Entered" means filed with the Clerk of the Municipal Court. A document may be entered in either paper form or electronic form. h. "Filing or filed" means: 1. When the document is in paper form, delivering the original document to the Clerk of the Municipal Court. Filing is complete when the Clerk of the Municipal Court receives the original document. 2. When the document is in electronic form, creating and saving the document, or transmitting it, in such a way that it is unalterably retained in the electronic records of the Clerk of the Municipal Court. A document is "unalterably retained" in an electronic record when it may not be edited or otherwise altered except by a person with authorization to do so. Filing is complete when the document has first been unalterably retained in the electronic records of the Clerk of the Municipal Court. i. "Issued" applies to documents in either paper form or electronic form. A document that is first created in paper form is issued when it is signed. A document that is first created in electronic form is issued when it is signed, filed with the Clerk of the Municipal Court and retained in the Electronic Repository. j. "Original" means: 1. A document first created and existing only in paper form, bearing the original signature of the person who signed it. The term also includes each copy in paper form that is printed through the facsimile transmission of the copy bearing the original signature of the person who signed it. 2. A document existing in electronic form, including the electronic form of the document and any copy that is printed from the electronic form. k. "Parking Control Officer" means an employee of the City of Wichita or an independent contractor meeting minimum insurance requirements reasonably established by the City Attorney who is designated pursuant to Section 11.16.040(d) of the Code of the City of Wichita to enforce parking ordinance violations of the City of Wichita. Except as provided by K.S.A. 22-2403 and amendments thereto. Parking Control Officers are not authorized to arrest or detain individuals. l. "Process Server" means an individual designated by or contracted with the City of Wichita to serve Municipal Court notices to appear, summons, citations or complaints and who are properly authorized by the Sedgwick County District Court pursuant to K.S.A. 60-303(d)(3), and amendments thereto, to serve as an appointed process server. Such individual does not have the authority to arrest or detain an individual. Except as provided by K.S.A. 22-2403 and amendments thereto, such persons are not authorized to arrest or detain individuals. m. "Signature" means any symbol, including but not limited to, the name of an individual, which is executed by that individual, personally or through an authorized agent, with the intent to authenticate or to effect the issuance or entry of a document. The term includes an electronic signature. A document may be signed by the use of any manual, mechanical or electronic means that causes the individual's signature to appear in or on the document. Any party challenging the validity of a signature shall have the burden of pleading, producing evidence and proving the following: 1. The signature was not the act of the person whose signature it appears to be; or 2. If the signature is an electronic signature, the requirements of the Uniform Electronic Transaction Act and/or Kansas Supreme Court Rule 122 have not been met. n. "Warrant" is a written order made by a Municipal Court Judge directed to any law enforcement officer or court services officer commanding the officer to arrest the person named or described in it." SECTION 2. The original of Section 1 of Charter Ordinance 237 is hereby repealed. SECTION 3. This ordinance shall be published once a week for two consecutive weeks in the official city newspaper. SECTION 4. This is a Charter Ordinance and shall take effect sixty-one (61) days after final publication, unless a sufficient petition for a referendum is filed requiring a referendum to be held on the ordinance as provided in Article 12, Section 5, Subsection (c)(3) of the Constitution of the State of Kansas in which case the ordinance shall become effective if approved by a majority of the election voting thereon. PASSED by the governing body, not less than two-thirds of the members elect voting in favor thereof this 9th day of January, 2024. /s/ Lily Wu Mayor ATTEST: /s/ Jamie Buster City Clerk Approved as to form: /s/ Jennifer Magaña City Attorney and Director of Law

Source: City of Wichita, Kansas, Code of the City of Wichita and Charter Ordinances (Municode Library, library.municode.com)URL: https://library.municode.com/ks/wichita/codes/code_of_ordinances?nodeId=CHOR_CHTR_ORDINANCE_NO._239Fetched: 11/1/2026