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HomeMy Public PortalAboutOrd 137 Court Costs (Published in the wichita Eagle-Beacon the ~ day of Oc:f , 1988) THE CITY CP BEL AIRE, KANSAS cmINAlCE R). 1.3 7 AN ORDllWCE RELM'JR; TO THE <mE CP PRXEXJRE FOR THE MUNICIPAL COURT AS AUTHORIZED BY CHARTER aIDINAR::E I<<>. 6; PlO7IDIR; FOR c:xEl'S TO BE ASSFS-i~) AND ENFORCEMENT THEREOF; PROVIDING FOR THE MUNICIPAL JUDGE TO ESTABLISH A SCHEDULE OF FINES AND PROVIDING FOR EXCEPTIONS; PROVIDING FOR THE caE OF CRIMINAL PRXEXJRE TO OOVERN AND PlUlIDJR; FOR THE USE OF SOJ3l?OENA'S AND THE FEE ~. BE IT <RlAlNID BY THE ~ 00lY OF THE CITY OF BEL AIRE, KANSAS: Section 1. Pursuant to the authority of Charter Ordinance No. 6 the following schedule of court costs are established: (A) A cost of five dollars shall be assessed against each accused person who enters a plea of guilty or nolo contendere, without causing a case to be placed on the court trial docket, to any violation contained in any City Ordinance except where the accused person enters a plea of guilty or nolo contendere to a charge of violating an Ordinance that involves a parking violation. (B) For each trial date, attributable to the accused person, for which subpoenas have been issued, a cost of ten dollars shall be assessed against such accused person who is subsequent I y found guilty by the Court. (C) In addition to those costs established in subparagrahs (A) and (B) hereof, a further cost shall be assessed against each accused person in all cases which are placed on the Courts trial docket, except those involving parking violations, where the accused subsequently enters a plea of guilty or nolo contendere or where the accused person is found guilty by the Court. The amount of such assessment shall be fixed by an Administrative Order of the Court. 1 (D) An additional cost of five dollars shall be assessed against each accused person who is found guilty and files a Notice of Appeal in the District Court, such cost to be added to pre- existing court costs upon receipt by the Clerk's Office of the Notice of Appeal from the District Court. (E) 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. (F) If the accused person is unable to pay the cost assessed against him there shall be a judgment against him which may be enforced by judgment for payment of money in civil cases. It shall be the duty of the Clerk of the Court to issue executions for unpaid fines and costs at least once each year . (G) Any person convicted of violating any provisions of this Code or other ordinance of the City 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 to the direction of the Court or until such fine, penalty or costs are paid or until such sentence has been served. (H) If it appears to the Court that a prosecution was instituted without probable cause and with malicious motives, the Court may require that 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 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. 2 (I) 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. Section 2. The Municipal Judge may establish a schedule of fines which shall be imposed for the violation of certain ordinances upon a voluntary entry of appearance and upon a plea of guilty or nolo contendere to a complaint alleging such violation. The following traffic violations are specifically excluded from such schedule: (A) Driving under the influence of intoxicating liquor or drugs; (B) Reckless driving; (C) Driving without a valid license, or on a suspended or revoked license; (D) li:aving the scene of an injury accident; (E) Attempting to evade or elude a police officer; (F) A second moving violation within the previous twelve-rronth period. The Municipal Judge may authorize a Clerk of the Municipal Court or some other person to accept such voluntary appearances and plea of guilty or nolo contendere and to accept the fine imposed by this schedule. Whenever a person has been found guilty of a violation of the City Ordinance, based upon verdict or plea, the Court may suspend the imposition of sentence, but in no event shall the total period of suspension of sentence exceed the maximum term provided by Ordinance for the violation. 3 Section 3. The Code of Criminal Procedure shall govern, insofar as applicable, the procedure for discovery. Depositions will not be taken or used without written agreement of both parties filed with the Court or by order of the Court and subject to the Code of Criminal Procedure, insofar as applicable. Section 4. All parties shall be entitled to the use of subpoenas to compel attendance of witnesses within the State. The Municipal Judge or Clerk shall issue a subfX:lena which may be served by any law enforcement officer upon the named person. Disobedience may constitute contempt. Fees and milage for subpoenaed witneesses shall be Ten Dollars ($10.00) per day or any part thereof and twenty-two cents ($.22) per mile actually driven over zero miles. Fees and mileage for the attendance of witnesses shall be assessed as costs; PROVIDED, the Municipal Judge may direct that fees and mileage of witnesses subpoenaed by the accused person be charged against such person if the Judge finds that there has been abuse of the use of subpoenas by the accused person. Section 5. This Ordinance shall become effective from and after its publication in the offical city newspaper. AOOPl'ID and APPRJVED the ~day of f}('h/MA , 1988. }:u.~€y the Mayor the ~ day of (9('~ , 1988. , . \\- /' -;-... YO'" .' <'!>.'" /' (\ f), ~i- r:\\' 4U l~'/~~\""-::\:'~':") 0\ ~"~ / ir:::{ ~ \\:j'.' "'~ rr' \, '.. . ... Cc/;L. , ,0 } ,...,. , ' .....:I'~\; r : -., ;, ~ ~7( ~ - . /i I~" ":- MAYOR , DALE E. WALTER ~. ~ ~rua) 'f" r ,\\ ::. ""''''>,' ..... (.~ .."'--;:..../......)-1 ..," '.1' "'.": ..~ -' . /- ~ ~r _.~. l ~,~1 .I i'j-. /;,. ,,-' , <'~ A'\ _/' ".....,' A1~l.:.L.._/ ~'~' ('1 'l:,~.n.~.~? ~. . ~ ~ C:dit; CITY , SHERRYL L. CUTTER 4