A CHARTER ORDINANCE PROVIDING FOR THE REPEAL OF CHARTER ORDINANCE NO. 14-94 EXEMPTING THE CITY OF MAIZE FROM CERTAIN PROVISIONS OF K.S.A. 12-4112; PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS WHICH RELATE TO THE ASSESSMENT OF COURT COSTS IN THE MUNICIPAL COURT OF MAIZE, KANSAS.

Section 1. The City of Maize, Kansas, by the power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas, hereby elects to exempt itself from and make inapplicable to it that part of K.S.A. 12-4112, and amendments thereto, pertaining to the assessment of court costs in the Municipal Court of Maize, Kansas, by substituting the following:

       “Costs. No person shall be assessed costs for the administration of justice in any municipal court case, except for witness fees and mileage as set forth in K.S.A. 12-4411, and amendments thereto; and, in every municipal court case except parking violations, municipal court costs of $23.50 and a Maize Police Department Training Fee of $10, and for the assessment required by K.S.A. 1998 Supp. 20-1a11 for the judicial branch education fund; and for the assessment required by K.S.A. 1998 Supp. 12-4117 and amendments thereto for the law enforcement training center fund established pursuant to K.S.A. 74-5619 and amendments thereto, the local law enforcement training reimbursement fund established pursuant to K.S.A. 74-5620 and amendments thereto; and the juvenile detention facilities fund as provided in K.S.A. 1998 Supp. 12-4117.” and hereby providing additional provisions as herein set forth.

Section 2. Costs may be assessed against accused persons for the administration of justice in any municipal court case where the accused person is found guilty or where the accused person pleads guilty. The costs shall be assessed in accordance with the terms herein contained.

If it appears to the court that the prosecution was instituted without probable cause and for malicious motives, the court may require 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 the prosecution was instituted without probable cause and from malicious motives, all costs in the case shall be assessed against the complaining witness or other person initiating the prosecution.

At the conclusion of each municipal court case, the court shall where applicable, assess the costs against the party and provide a statement of such.

(6-28-1999)