CHAPTER XVI. POLICECHAPTER XVI. POLICE\ARTICLE 1. POLICE DEPARTMENT

The appointment of all members of the police department shall be made by and they shall hold their respective offices at the pleasure of the city manager, subject to the limitations of law, and their salaries shall be fixed and payable as defined by ordinance.

(R.O. 1964, 15-101)

The 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 bring the offender to trial before the proper officer 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 or her presence.

(R.O. 1964, 15-102)

(a)   Any person arrested by a law enforcement officer shall he taken immediately by the law enforcement officer to the police station of the city or the office in the city designated by the municipal judge. Except as otherwise provided in subsections (b) and (c) below, at that time the person shall have the right to post bond for the person’s appearance, in accordance with K.S.A. 12-4301 and 12-4302, and amendments thereto. Any person who does not make bond for the person’s appearance shall be placed in the city or county jail, to remain there until the person makes bond for the persons’ behalf, or appears before the municipal court at the earliest practical time, except that the person shall be released on the person’s personal recognizance to appear at a later date if the person has not made bond, has not appeared before the municipal court within 18 hours after arrest and if no warrant has been issued for the person’s arrest.

(b)   If upon a persons’ arrest the law enforcement officer has probable cause to believe that such person may cause injury to oneself or others, or damage to property, and there is no responsible person or institution to which the person might be released, the person shall remain in the protective custody of the law enforcement officer, in a city or county jail for a period not to exceed six hours, at which time such person shall be given an opportunity to post bond for the persons’ appearance in the manner as provided in subsection (a) above. While so held in protective custody, the person shall be permitted to consult with counselor other persons on the person’s behalf.

(c)   If a person is arrested on a warrant or on probable cause without a warrant for a violation of subsection (a)(1)(C) of Section 6.7 of the Uniform Public Offense Code or for a violation of Section 3.8 of the Uniform Public Offense Code, such person shall not be allowed to post bond pending such person’s first appearance in municipal court, provided that a first appearance occurs within 48 hours after such arrest. The municipal judge may fix as a condition of release on the appearance bond that such person report to a court services officer.

(R.O. 1964, 15-103; C.O. 40; Code 2014)