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.
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(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.
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(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.
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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.
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: -., ;, ~ ~7( ~ - . /i I~" ":- MAYOR , DALE E. WALTER
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CITY , SHERRYL L. CUTTER
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