A CHARTER ORDINANCE EXEMPTING THE CITY OF GODDARD, KANSAS, FROM THE PROVISIONS OF K.S.A.12-4112, 12-4214, 12-4305, AND 12-4411 ,AND AMENDMENTS THERETO; PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT, RELATING TO THE CODE OF PROCEDURE FOR MUNICIPAL COURTS AND REPEALING CHARTER ORDINANCE NO. 477 OF THE CITY OF GODDARD, KANSAS.
The City of Goddard, Kansas, a City of the third class, 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 makes inapplicable to it, the provisions of K.S.A. 12-4112; 12-4214; 12-4305; and 12-4411 and amendments thereto, and provides substitute and additional provisions as hereinafter set forth in this ordinance. Such referenced provisions are either enactments or a part thereof which are applicable to this city, but are not applicable uniformly to all cities.
(a) Costs may be assessed against accused persons for the administration of justice in any Municipal Court case where:
(1) the accused person is found guilty;
(2) the accused person pleads guilty; or
(3) the accused person has failed to comply with a traffic citation or a notice to appear in a criminal case, as set forth by ordinance.
The costs shall be assessed in accordance with the terms set forth by the governing body of the City of Goddard in an ordinance setting court costs.
(b) Costs assessed shall include the cost of any attorney appointed by the Court to represent the accused person, in an amount to be set by the governing body of the City of Goddard in the ordinance setting court costs.
(c) 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 that person’s 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 will be assessed against the complaining witness or other person initiating the prosecution.
(d) At the conclusion of each municipal case, the court shall, where applicable, assess the costs against the responsible party.
(a) The governing body of the City of Goddard, by resolution, shall establish a schedule of fines which shall be imposed for municipal ordinance violations that are classified as ordinance traffic infractions. The governing body of the City of Goddard may also, by resolution, establish a schedule of fines which shall be imposed for the violation of certain other ordinances. Such fines shall be imposed upon a voluntary entry of appearance and upon a plea of guilty or no contest to a complaint alleging such violation. Any fine so established shall be within the minimum and maximum allowable fines established by ordinance for such offenses by the governing body. The following traffic violations are specifically excluded from any schedule fines:
(1) Reckless driving;
(2) Driving while under the influence of alcohol or drugs;
(3) Driving on a suspended or revoked license;
(4) Driving without mandatory liability insurance.
(b) The Clerk of the Municipal Court, the City Clerk and the City Administrator shall be authorized to accept such voluntary appearance by mail or in person, a plea of guilty or no contest and payment of the fine imposed by the schedule. Payment may be made by mail or in person and may be by personal check. If a check is not honored for any reason, or the fine is not paid in full prior to the time specified in the citation or notice to appear, the accused shall be deemed to have not complied with the citation or notice to appear. When a person charged with an ordinance traffic infraction or other ordinance violation on a schedule of fines, makes payment without executing a written waiver of right to trial and plea of guilty or no contest, the payment shall be deemed to be such an appearance, waiver of right to trial and plea of no contest.
(c) The schedule of fines and persons authorized to accept such pleas shall be conspicuously displayed in the office where such voluntary appearance, pleas of guilty and payment of fine occurs.
(d) Whenever any person has been found guilty of a violation of a city ordinance, whether after a trial or on a plea, the court may suspend the imposition of the sentence, but in no event shall the total period of suspension of a sentence exceed one year.
(a) All parties shall be entitled to the use of subpoenas to compel attendance of witnesses within the state. The Municipal Judge or Clerk or any person so authorized by the Judge’s written authorization shall issue a subpoena which may be served by a law enforcement officer upon the named person. Disobedience may constitute contempt.
(b) Fees and mileage of subpoenaed witnesses shall be set by the governing body of the City of Goddard in an ordinance setting court costs. The 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.
(a) Whenever any motion or application for a post conviction remedy is filed, the Court shall assess costs for filing each such motion or application in accordance with the terms set forth by the governing body of the City of Goddard in an ordinance setting court costs. Said costs shall be paid by the party filing said motion or application at the time said motion or application is filed. Provided however, that if it be shown to the Court that the person filing such motion or application is indigent, the Court may, in its discretion, waive the costs provided for herein. In that event, the Court shall make a finding of indigence and shall note upon the motion, application or order resulting therefrom that the costs referred to herein have been waived.
The provisions of K.S.A. 12- 4214 are adopted and ratified, except that the fine noted on the citation or notice to appear shall be entered from the fine schedule established by the governing body of the City of Goddard.
(9-2-97)