ORDINANCE NO.  8582

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS ESTABLISHING THE LEGAL STANDARD FOR ARREST ON MUNICIPAL ORDINANCE VIOLATIONS AS AUTHORIZED BY CHARTER ORDINANCE 42. 

NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:

Section 1.  Section 12-109 of the Code of the City of Lawrence, 2009 Edition, and amendments thereto, is hereby enacted to read as follows:

12-109 ARREST FOR MUNICIPAL ORDINANCE VIOLATIONS

A law enforcement officer may arrest a person for a violation of a municipal ordinance under any of the following circumstances:

(A) The officer has a warrant commanding that the person be arrested.

(B) The officer has probable cause to believe that a warrant for the person's arrest has been issued in this state by any municipal court.

(C) The officer has probable cause to believe that the person is committing or has committed a violation of an ordinance, and the law enforcement officer has probable cause to believe that:

(1) The person will not be apprehended unless the person is immediately arrested;

(2) evidence of the crime will be irretrievably lost unless the person is immediately arrested;

(3) the person may cause injury to self or others or damage to property unless immediately arrested; or

(4) the person has intentionally inflicted bodily harm to another person.

(D) Any violation of an ordinance, except an ordinance traffic infraction or an ordinance cigarette or tobacco infraction, has been or is being committed by the person in the officer's view.

(E) A law enforcement officer may not arrest a person who is charged only with committing an ordinance traffic infraction or an ordinance cigarette or tobacco infraction unless the person has received service of a notice to appear and has failed to appear for the infraction.

Section 2.  Severability.  If any section, clause, sentence, or phrase of this ordinance is found to be unconstitutional or is otherwise held invalid by any court of competent jurisdiction, it shall not affect the validity of any remaining parts of this ordinance.

Section 3.  Effective Date.  This ordinance shall take effect once City of Lawrence Charter Ordinance 42 becomes effective and following this ordinance’s adoption and publication as provided by law.

Adopted this  day of  , 2010.

PASSED:

Mike Amyx, Mayor

ATTEST:

Jonathan Douglass, City Clerk

APPROVED AS TO FORM AND LEGALITY:

                                                                        _

Toni Ramirez Wheeler, Director of Legal Services