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HomeMy Public PortalAboutOrd 443 Amend Sec 1 of Ord 137 Municipal Court . . . (First Published in the Ark Valley News on the _ day of ,2006.) THE CITY OF BEL AIRE, KANSAS ORDINANCE NO. (/'/3 AN ORDINANCE RELATING TO THE CODE OF PROCEDURE FOR THE MUNICIPAL COURT OF BEL AIRE, KANSAS BY PROVIDING FOR COST TO BE ASSESSED AND ENFORCEMENT THEREOF; AMENDING SECTION 1 OF ORDINANCE NUMBER 137 AND REPEALING ORDINANCES NUMBER 182, 254 AND 319. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BEL AIRE, ~l\NSl\~: Section 1. AmendinQ 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. The following schedule of court costs are established: (A) A cost of $40.50 shall be assessed by the Municipal Court of the City of Bel Aire, Kansas 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 and/or any section of the Code of the City of Bel Aire, Kansas except se~t belt 2""-:: pgrking violations. This ~ost ~hall br in aad ltIor , LU all state mandatbd (;.\j"ts cit.u d~l',/ c~.;sts aS3~5tied h.>r a court appointed atklll-It.y, witness fees and mileage. This cost shall include a $3.00 special assessment for the purpose of paying for the fees of court appointed attorneys in those cases in which the defendant is found not guilty or deemed indigent; a $5.00 special assessment for police training; and a $3.00 special assessment for court system enhancements. The amounts collected under these special assessments shall be placed in separate accounts to be used for the specified purpose only. (B) 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. (C) 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 1 . . . 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. (D) 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. (E) 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 182,254 and 319 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. d Passed by the City Council INs j'i-day of ~.._. 2006. Approved by the Mayor this ~ day of W' 2006. ~$~ A YOR, DR. BRIAN WITHROW SEAL ATTEST: 2