A CHARTER ORDINANCE EXEMPTING THE CITY OF KIOWA, KANSAS, FROM THE PROVISIONS OF SECTIONS 15-601 AND 15-602 OF THE GENERAL STATUTES OF 1949, RELATING TO POWERS AND DUTIES OF THE CITY MARSHAL AND ASSISTANT MARSHAL, PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS OF THE SAME SUBJECT.

Section 1. The City of Kiowa, Kansas, under the authority of Article 12, Section 5, of the Constitution of the State of Kansas, hereby elects to exempt itself from and to make inapplicable to it Sections 15-601 and 15-602 of the General Statutes of 1949, which apply to said city but the provisions of which do not apply uniformly to all cities, and to provide substitute and additional provisions on the same subject.

Section 2. The city marshal shall be chief of police and shall at all times have power to make or order an arrest, with proper process, for any offense against the laws of the state, or of the city, and to arrest without process in all cases where any such offense shall be committed or attempted to be committed in his presence. The city marshal shall have power and it shall be his duty to keep all such persons arrested in the city prison or other place to prevent their escape until a trial can be heard before the proper office except as otherwise provided in Section 3 of this ordinance. The city marshal shall execute all processes issued by the police judge and delivered to him for that purpose.

Section 3. Whenever any person is arrested for any violation of a traffic ordinance for which a written notice to appear and a cash appearance bond is by ordinance authorized and provided and such person is not given an immediate hearing before the police judge, the city marshal shall prepare and make such disposition of such written notice to appear as shall be provided by ordinance. The city marshal may also require any person arrested for any such violation and under such circumstances to post a cash bond in the manner and in the amount and for the offenses prescribed by such ordinance. Whenever any such person shall have given his written promise to appear upon the written notice to appear and shall have posted the required cash bond, if any, the city marshal shall forthwith release the person arrested from custody.

Section 4.  The assistant marshal of the city shall have the same power as is conferred upon the marshal in Sections 2 and 3 of this ordinance.

(10-7-1963)