Municipal Citation Statute of Limitations - 1 Year (K.S.A. §21-5107)
Kansas's general statute of limitations for misdemeanors is 2 years (K.S.A. §21-5107(d)), but for cigarette/parking and minor municipal infractions, many cities apply a 1-year limit by ordinance. Kansas City KS, Wichita, and Overland Park each have local rules requiring filing within 1 year of violation. State v. Bird, 240 Kan. 288, held that municipal prosecutions must comply with both state and local limitations. If the municipality fails to file within the prescribed window, prosecution is jurisdictionally barred.
Legal basis
K.S.A. §21-5107 (general); local ordinances; State v. Bird, 240 Kan. 288
Sample appeal wording
TO: [Municipal Court] RE: Citation #[NUMBER] - MOTION TO DISMISS - STATUTE OF LIMITATIONS Dear Honorable Judge, I move for dismissal of citation #[NUMBER] under K.S.A. §21-5107 and [Wichita Municipal Code §1.04 / Overland Park ordinances]. FACTS: - Date of alleged violation: [DATE] - Date case filed: [DATE] - Elapsed time: [X] months, exceeding the applicable limitation LAW: Kansas requires prosecution within the statutory period. State v. Bird, 240 Kan. 288, holds that a municipal prosecution beyond the statute of limitations is jurisdictionally barred. WHEREFORE, I request dismissal WITH PREJUDICE. Respectfully, [NAME]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- K.S.A. §21-5107
- State v. Bird, 240 Kan. 288
- Wichita Municipal Code §1.04