APPENDIX A – CHARTER ORDINANCESAPPENDIX A – CHARTER ORDINANCES\CHARTER ORDINANCE NO. 951

WHEREAS, THE GOVERNING BODY OF THE CITY OF ATTICA, KANSAS, FINDS THAT IT IS DESIRABLE AND IN THE BEST INTERESTS OF THE CITY OF ATIICA TO ELECT TO EXEMPT ITSELF FROM THE PROVISIONS OF KANSAS STATUTES ANNOTATED 12-4112 AND ANY AMENDMENTS THERETO CONCERNING THE ASSESSMENT OF COSTS FOR THE ADMINISTRATION OF JUSTICE IN MUNICIPAL COURT AND MAKE THE SAME INAPPLICABLE TO THE CITY.

Section 1. The city, by the power vested in it by Article 12, Section 5 of the constitution of the State of Kansas, elects to exempt itself rom and make inapplicable to it K.S.A. 12-4112 and any amendments thereto; and to provide substitute and additional provisions as hereinafter set forth.

Section 2. 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 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 responsible for payment and shall cause to be delivered to such responsible party a complete statement of the costs, specifying each item of service and the fee assessed for such service.

Section 3. The costs in cases before the municipal court will be assessed as follows:

(a)        A cost of $5 shall be assessed against each accused person who enters a plea of guilty or nolo contendre without causing a case to be placed on the court trial docket to any violation contained within this code.

(b)        A cost of $10 shall be assessed against each accused person who case is docketed for trial and who thereafter is found guilty.

(c)        These charges shall be assessed in addition to any not in lieu of the fees and mileage of witnesses which may be assessed in accordance with K.S.A. 12-4411.

(01-26-1983)