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(A) A city law enforcement officer has the authority to arrest a person for any violation of city ordinances, except as provided in subsection (B), when:

(1) The officer has a warrant commanding that the person be arrested;

(2) A warrant for the person’s arrest has been issued by a municipal court in this state;

(3) The officer has probable cause to believe that the person is committing or has committed a violation of an ordinance and that the person has intentionally inflicted bodily harm to another person;

(4) The law enforcement officer detained the person when:

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

(i) Such person will not be apprehended or evidence of the violation of the ordinance will be irretrievably lost unless such person is immediately detained; or

(ii) Such person may cause injury to himself, herself or others or damage to property unless immediately detained; or

(b) Any violation of the city ordinance has been or is being committed by such person in the view of the law enforcement officer; and

(c) When one of the following occurs:

(i) The person refused to give a written promise to appear in court when served with a notice to appear;

(ii) The person is unable to provide identification of self by presenting a valid driver’s license or other identification giving equivalent information to the law enforcement officer;

(iii) The person is not a resident of the state of Kansas; or

(iv) The law enforcement officer has probable cause to believe that the person may cause injury to self or others or may damage property unless immediately arrested.

(B) 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 charged has received service of a notice to appear and has failed to appear for the infraction. (Ord. 96-82 § 3, 1996; Ord. 207 § 1, 1973.)