A CHARTER ORDINANCE PERTAINING TO MUNICIPAL COURT COSTS.

WHEREAS, the governing body of the City of Kiowa, Kansas, finds that it is desirable and in the best interest of the City of Kiowa to elect to exempt itself from the provisions of Kansas Statutes Annotated 12-4112 and any amendments thereto, concerning the assessment of costs for the administration of justice in Municipal Court, and make the same inapplicable to the City; and,

WHEREAS, the governing body of the City of Kiowa, Kansas, finds that it is desirable to assess and collect from accused persons found guilty or who plead guilty or nolo contendere to charges against them in Municipal Court, costs for the administration of justice; and,

WHEREAS, the governing body of the City of Kiowa, Kansas, finds that it is in the best interests of the City to establish a fund comprised of a portion of said court costs for the purpose of training police personnel and payment of Municipal Court personnel.

BE IT THEREFORE ORDAINED BY THE GOVERNING BODY OF THE CITY OF KIOWA, KANSAS;

Section 1. The City, by the power vested in it by Article 12, Section 5, of the constitution of the State of Kansas, elects to exempt itself from and make inapplicable to it K.S.A. 12-4112 and any amendments thereto; and to provide substitute and additional provisions as hereinafter set forth.

Section 2. Costs may be assessed against accused persons for the administration of justice in any Municipal Court case where the accused person is found guilty or where the accused person pleads guilty or nolo contendere. The costs shall be assessed in accordance with the terms herein contained.

If it appears to the court that the prosecution was instituted without probable cause and for malicious motives, the court may require the complaining witness or other person instituting the prosecution to appear and answer concerning his motives for instituting the prosecution. If, upon hearing, the court determines that the prosecution was instituted without probable cause and from malicious motives, all costs in the case shall be assessed against the complaining witness or other person initiating the prosecution.

At the conclusion of each municipal court case, the court shall, where applicable, assess the costs against the party responsible for payment and shall cause to be delivered to such responsible party a complete statement of the costs, specifying each item of service and the fee assessed for such service.

Section 3. The City of Kiowa, Kansas, intends to provide substitute provisions to K.S.A. 12 4112 in the form of an ordinance which states as follows, to wit:

There shall be established by separate ordinance a court cost fee against each accused person who enters a plea of guilty, enters a plea of no contest or is found guilty of any violation of any ordinance of the City. Said costs shall be due at the time of the plea or conviction unless an extension is granted by the Judge of the Municipal Court and said costs shall be payable to the City of Kiowa, Kansas.

Section 4. This is a Charter Ordinance and shall take effect 61 days after its final publication unless a sufficient petition for a referendum is filed and a referendum held on the ordinance as provided in Article 12, Section 5, Subdivision (c) (3) of the Constitution of Kansas, in which case the ordinance shall become effective if approved by a majority of the electors voting thereon.

Section 5. Charter Ordinance No. 13-1 is hereby repealed.

Section 6. This Charter Ordinance shall be published once each week for two consecutive weeks in the official city newspaper and shall take effect 61 days after its final publication unless a sufficient petition for a referendum is filed and a referendum held on the ordinance as provided in Article 12, Section 5, Subdivision (c) (3) of the Constitution of Kansas, in which case the ordinance shall become effective if approved by a majority of the electors voting thereon.

(07-13-2015)