APPENDIX A – CHARTER ORDINANCESAPPENDIX A – CHARTER ORDINANCES\CHARTER ORDINANCE NO. 2

A CHARTER ORDINANCE EXEMPTING THE CITY OF KIOWA, KANSAS, FROM THE PROVISIONS OF SECTION 15-512 OF THE GENERAL STATUTES OF 1949, RELATING TO JUDGMENTS IN THE POLICE COURT OF THE CITY OF THE THIRD CLASS, AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT.

Section 1. The City of Kiowa, Kansas, under the authority of Article 12, Section 5, of the constitution of the State of Kansas, hereby elects to exempt itself from and to make inapplicable to it Section 15-512 of the General Statutes of 1949, which applies to said city but the provisions of which do not apply uniformly to all cities, and to provide substitute and additional provisions on the same subject.

Section 2. If the defendant plead or be found guilty; the police judge shall declare and assess the punishment prescribed by ordinance and render judgment accordingly. It shall be part of the judgment that the defendant stand committed until the judgment is complied with: provided, that the police judge shall have power, as hereinafter provided, to parole persons convicted of a violation of the ordinances of the city.

Section 3. The police judge, subject to the restrictions hereinafter provided, may, in his discretion, when satisfied that any person against whom a fine has been confined in the city jail under the judgment of said court, will if permitted to go at large not again violate the law or ordinance, parole such person and permit him to go at large, upon such conditions and under such restrictions as the judge shall see fit to impose for a term which may extend beyond the term of the sentence but not exceeding one year and may discharge such person for good cause shown at any time. The judge may at any time within such year, without notice to such person, terminated such parole by simply directing execution to issue on the judgment; or, in case the person shall have been actually confined in jail, the parole may be terminated by directing the city marshal or any police officer to retake such person under the commitment already in his hands. After a parole has been terminated, as above provided, the judge may, in his discretion, grant a second parole, but no more than two paroles shall be granted the same person under the same judgment of conviction. If a parole shall be terminated, the time such person shall have been at large on parole shall not be deducted from the time he shall be required to serve, but the full amount of the fine shall be collected or the full time in jail be served, the same as if no parole had been granted.

Section 4.  Any person who shall commit any offense against the laws of the state or the ordinances of the city while at large under parole may be arrested and tried in the same manner as if he had not previously been convicted or paroled.

(10-7-63)