HomeMy Public PortalAboutOrd 254 Court Costs Fees
(First Published in the ~ t~'7,1~~~,
on the A.d. day of /J:lLVL_' 199 .)
THE CITY OF BEL AIRE, KANSAS
ORDINANCE NO. ;1..5 if
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 1 OF
ORDINANCE NUMBER 137 AND REPEALING ORDINANCE
NUMBER 182.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BEL AIRE,
KANSAS:
Section 1.
Amending Section 1 of Ordinance Number 137
Section 1 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 $30.00 shall be assessed against each accused
person who enters a plea of guilty or nolo contendere 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
contendere 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.
(0) 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
insti tuting 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
Ordinance Number 182 is 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.
Passed by the City Council this ?d day of ~?VZC)
1995.
Approved by the Mayor this 2tJ!' day of ~?tt"-/..
, 1995.
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MAYOR, HAROLD A. SMITH