CHARTER ORDINANCE NO. 42

A CHARTER ORDINANCE OF THE CITY OF LAWRENCE, KANSAS, EXEMPTING THE CITY OF LAWRENCE, KANSAS, FROM K.S.A. 12-4211 AND K.S.A. 12-4212, AND AMENDMENTS THERETO, RELATED TO THE ARREST POWERS OF LAW ENFORCMENT OFFICERS FOR MUNICIPAL CODE VIOLATIONS, AND PROVIDING SUBSTITUTE PROVISIONS ON THE SAME SUBJECT.

Section 1.  The City of Lawrence, Kansas, a Commission-Manager City of the first class, by the power invested in it by Article 12, Section 5, of the Constitution of the State of Kansas, hereby elects to and exempts itself from and makes inapplicable to it Sections 12-4211 and 12-4212 of the Kansas Statutes Annotated, and amendments thereto, part of the Kansas Code of Procedure for Municipal Courts, which is not an enactment uniformly applicable to all Kansas cities.

Section 2.  The Governing Body shall establish the powers of arrest of Lawrence municipal law enforcement officers for municipal offenses charged in municipal court by ordinary ordinance. 

Section 3. This Charter Ordinance shall be published once each 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 and a referendum held on the Ordinance as provided in Article 12, Section 5(c)(3) of the Constitution of Kansas, in which case the Ordinance shall become effective if approved by a majority of the electors voting thereon.

Adopted by the governing body of the City of Lawrence, Kansas, not less than two-thirds of the members-elect voting in favor thereof, the ______ day of __________, 2011.

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Mayor

Attest:

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Jonathan M. Douglass, City Clerk

Approved as to form

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Toni Ramirez Wheeler

Director of Legal Department