A CHARTER ORDINANCE REPEALING CHARTER ORDINANCE NO. 14 OF THE CITY OF CANEY, KANSAS, EXEMPTING THE CITY OF CANEY FROM SECTION 12-4112 OF THE KANSAS STATUTES ANNOTATED AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT, AUTHORIZING THE ASSESSMENT OF COURT COSTS IN CASES HEARD IN THE MUNICIPAL COURT OF CANEY, KANSAS.

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

SECTION 1: The City of Caney, Kansas, by the power vested in it by Article 12, Section 5 of the Kansas Constitution, hereby elects to and does exempt itself from and makes inapplicable to it, K.S.A. 12-4112, which provisions are not uniformly applied to all cities.

SECTION 2: In lieu of K.S.A. 12-4112, 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:

(a)        In each case filed in Municipal Court, where there is a finding of guilty, a plea of guilty, a plea of no contest, forfeiture of bond, or a diversion, court costs shall be assessed against the accused person. Costs shall be in the amount of fifty dollars ($50.00) per case, plus mileage, subpoena and witness costs as provided by law.

(b)        If the accused person is unable to pay the costs assessed against him, there shall be and remain a judgment against him, which may be enforced as a judgment for payment of money in civil cases.

(c)        For the purpose of determining the amount of court costs to be assessed in accordance with this ordinance, if more than one complaint is filed against one individual arising out of the same incident, all such complaints shall be considered as one case for assessment purposes.

(d)        If it appears to the court that the prosecution was instituted without probable cause and from malicious motives, the court may require the person initiating the prosecution to appear and answer concerning the motives of such person for instituting the prosecution. If, after such hearing, the court determines 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.

(12-16-2002; Repealed by C.O. No. 23)