A CHARTER ORDINANCE PROVIDING FOR THE REPEAL OF CHARTER ORDINANCE NO. 18-99, EXEMPTING THE CITY OF MAIZE, KANSAS 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 THE CITY OF MAIZE, KANSAS.
Section 1. Exemption from K.S.A. 12-4112. The City of Maize, Kansas, a city of third class by the power invested in it by Article 12, Section 5 of the Constitution of the State of Kansas, hereby elects to and does exempt itself from and makes inapplicable to it, K.S.A. 12-4112, which applies to cities of the third class in a non-uniform manner. The City of Maize, Kansas, in addition, hereby provides substitute and additional provisions as herein set forth.
Section 2. Repeal. Charter Ordinance No. 18-99 is hereby repealed.
Section 3. Court 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. 20-1a11 for the judicial branch election fund; and for the assessment required by K.S.A. 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. 12-4117. In addition, whenever the collection of municipal court fines and/or costs is referred to the State of Kansas for collection by the State of Kansas pursuant to K.S.A. 75-6201 et seq. and amendments thereto, the costs assessed by the State of Kansas for collecting such fine and/or costs shall be assessed as an added cost in an amount that does not exceed the State of Kansas charge for collecting such fine and costs. The actual amount of the additional charge shall be established by order of the municipal court judge and the amount set by the municipal court judge shall be automatically assessed in individual cases.
Section 4. Assessment of Costs. 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.
(06-24-2004)