Article 4. Complaints and Notices

2-401. Definitions.

(a) For the purpose of this article, the term “City Officer” shall mean those individuals filing positions, designated as a City officer possible by the Major, including any person employed by the Riley County Police Department as an Animal Control Office. Notwithstanding this designation as a City Office, no such Animal Control Officer shall be deemed to be an employee of the City of Riley, and this designation is limited to the sole purpose of enforcing the City’s animal control laws and for no other purpose.

(b) For the purpose of this article, the term “Complaint” means a sworn written statement or a written statement by an authorized employee of the Riley County Police Department, a law enforcement officer, or a City Officer, of the essential facts constituting a violation of a city ordinance.

(Ord. 1863)

2-402. Complaint; notice to appear.

A complaint and notice to appear in Municipal Court may be set forth on a combined form. A notice to appear shall describe the offense charged, shall summon the accused person to appear, shall contain a space in which the accused person may agree, in writing, to appear at a time not less than five (5) days after such notice is given. A notice may be signed by a municipal judge, a clerk of the municipal court, an authorized employee of the Riley County Police Department, any law enforcement officer, or City Officer.

(Ord. 1863)

2-403. Service.

The notice to appear shall be served upon the accused person by delivering a copy to him or her personally or by leaving it at the dwelling house of the accused person or usual place of abode with some person of suitable age and secretion then residing therein, or by mailing it to the last known address of said person. A notice to appear may be served by an authorized employee of the Riley County Police Department, a law enforcement officer, or a City Officer. Upon service by mail, the authorized employee of the Riley County Police Department, law enforcement office, City Office, or the clerk of the municipal court shall execute a verification to be filed with a copy of the notice to appear.

(Ord. 1863)