HomeMy Public PortalAboutOrd 319 Court Fees
(First Published in the Ark Valley News
ontheffidayof ~ ,1999.)
THE CITY OF BEL AIRE, KANSAS
ORDINANCE NO. 3/1
AN ORDINANCE RELATING TO THE CODE OF PROCEDURE FOR
THE MUNICIPAL COURT OF BEL AIRE, KANSAS AS AUTHORIZED BY
CHARTER ORDINANCE NUMBER 6; PROVIDING FOR COST TO BE
ASSESSED AND ENFORCEMENT THEREOF; AMENDING SECTION I
OF ORDINANCE NUMBER 137 AND REPEALING ORDINANCES
NUMBER 182 AND 254.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BEL AIRE,
KANSAS:
Section 1. Amendina Section I of Ordinance Number 137
Section I of Ordinance Number 137 of the City of Bel Aire, Kansas is amended to
read as follows:
"Section 1. Pursuant to the authority of Charter Ordinance Number 6, the
following schedule of court costs are established:
(A) A cost of $31.50 shall be assessed against each accused person who enters a
plea of guilty or nolo contenders or is found guilty of any violation contained in any city
ordinance of the City of Bel Aire, Kansas except seat belt and parking violations.
(B) A further cost of $15.00 shall be assessed against each accused person in all
cases which are placed on the trial docket of the Municipal Court of the City of Bel Aire,
Kansas, when the accused person subsequently enters a plea of guilty or nolo
contenders or is found guilty of any violation contained in any city ordinance, except
seat belt and parking violations.
(C) Any person convicted of violating any provisions of this or other ordinances of
the City of Bel Aire, Kansas and sentenced to pay any fine, penalty or costs, who shall
fail or refuse to pay the same at the time of sentencing shall be assessing a $5.00
transaction processing fee for each subsequent payment tendered. Each transaction
processing fee shall become costs of the original court case.
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(D) Any person convicted of violating any provisions of this or other ordinances of
the City of Bel Aire, Kansas and sentenced to pay any fine, penalty or costs, who shall
fail or refuse to pay the same, or any person sentenced to imprisonment, shall stand
committed to be confined pursuant to the direction of the Court or until such fine,
penalty or costs are paid or until such sentence has been served.
(E) If it appears to the Court that a prosecution was instituted without probable
cause and with malicious motives, the Court may require the complaining witness or
other person instituting the prosecution appear and answer concerning his motives for
instituting the prosecution. If, upon hearing, the Court determines that prosecution was
instituted without probable cause and with malicious motives, all costs of the case shall
be assessed against the complaining witness or other person instituting the
prosecution.
(F) The Judge of the Municipal Court may fix, by Administrative order,
miscellaneous costs for processing records, photocopies, certificates, etc. All funds
collected from any cost imposed shall be paid into the General Fund of the City of Bel
Aire, Kansas.
(G) At the conclusion of each municipal court case, the Court shall, where
applicable, assess the costs to the person 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 each service."
All other sections of ordinance Number 137, not previously amended, shall remain in
full force and effect.
Section 2. Repeal
Ordinances Number 182 and 254 are hereby repealed.
Section 3. Effective Date
This Ordinance shall take effect and be in force from and after its publication in
the official city newspaper.
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Passed by the City Council this l?f day of
Approved by the Mayor this I ~ day of
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CITY CLE K, SHERRYL L. CUTTER
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,1999.
,1999.