A·CHARTER ORDINANCE REPEALING CHARTER ORDINANCE NO. 22 OF THE CITY OF CANEY, KANSAS, EXEMPTING THE CITY OF CANEY FROM K.S.A. 12-4112, AND PROVIDING SUBSTITUTE AND ADDIDONAL PROVISIONS ON THE SAME SUBJECT, AUTHORIZING THE ASSESSMENT OF COURT COSTS IN CASES BEARD 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, unless otherwise prohibited by law, in the following amounts: for misdemeanor violations, the sum of $100.00; for all other violations, the sum of $75.00. When a single case involves a misdemeanor, as well as other violations, the court costs for misdemeanor violations shall apply. Said sum shall be in addition to any fine that is imposed by the court for said violation, plus mileage, subpoena and witness costs as provided by law.

(b) If the accused person is unable to pay the assessed costs, there shall be and remain a judgment against said person, 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.

SECTION 3. Charter Ordinance No. 22 be and is hereby repealed.

(07-18-2011; Repealed by C.O. No. 32)