A CHARTER ORDINANCE AMENDING CHARTER ORDINANCE NO. 9 OF THE CITY OF CANEY, KANSAS, EXEMPTING THE CITY OF CANEY FROM SECTION 12-4112 OF THE KANSAS STATUTES ANNOTATED AS ADOPTED BY THE LEGISLATURE OF KANSAS AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT, AUTHORIZING THE ASSESSMENT OF COURT COSTS IN CASES HEARD IN THE MUNICIPAL COURT OF THE CITY OF CANEY, KANSAS.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF CANEY, KANSAS:

SECTION 1. The City of Caney, Kansas, operating under a Mayor-Council form of government, and being a City of the second class, by the power vested in it by Article 12, Section 5, of the constitution of the State of Kansas hereby elects to exempt and does exempt itself from and makes inapplicable to it, K.S.A. 12-4112 as adopted by the legislature of the State of Kansas, which provisions are not uniformly applicable to all cities, the legislature having made special provisions applying to certain classes of cities in said enactment.

SECTION 2. In lieu of K.S.A. 12-4112, as amended, the Governing Body of the City of Caney, Kansas, hereby adopts the following provision, to be added to the code of the City of Caney, as Section 9-108, to wit:

Costs shall be in the amount of $25.00 per case, plus mileage, subpoena and witness costs as provided by law. In cases where the accused person pleads guilty or nolo contender, or is found guilty, or enters into a diversion agreement, the court costs shall be assessed against the accused person. If said person is unable to pay the costs assessed against him, there shall be and remain a judgment against said person which may be enforced as a judgment for payment of money in civil cases.

If it appears to the Court that the prosecution was instituted without probable cause, or from malicious motives, or in the event the prosecution was instituted with probable cause but the complainant desires to withdraw the charges and cause the prosecution to be dismissed, the court may require the person initiating the prosecution to appear and answer concerning the cause for instituting the prosecution, or the motives of such person for instituting or requesting the withdrawal of the prosecution. If, after such hearing, the court determines that the prosecution was instituted without probable cause, or from malicious motives, or in the event the Court determines that the complaint was instituted with probable cause but that the complainant is unwilling to testify in support of the complaint, and instead desires that it be withdrawn or dismissed, the municipal judge may, in his discretion, assess all costs in the case against the complaining witness or other person initiating the prosecution.

In the event it is necessary to issue a warrant for the arrest of any accused person who has theretofore failed to appear as required in a notice to appear previously served, the additional costs of $25.00 shall be imposed in the action.

(09-18-1995; Repealed by C.O. No. 20)