There is hereby established a municipal court for the City of Park City, Kansas. The municipal court shall have jurisdiction to hear and determine cases involving violations of the ordinances of the city.
The Kansas code of procedure for municipal courts, as set forth in K.S.A. 12-4101 et seq. and all acts amendatory or supplemental thereto, as further amended by charter ordinance of the City, shall govern the practice and procedure in all cases in the municipal court.
(C.O. No. 18-96; Code 2021)
The Municipal Court shall be held at the City Hall of Park City, Kansas, 1941 E. 61st Street North, Park City, Kansas, at such time as designated by the Municipal Judge.
(Ord. 1060; Code 2021)
The municipal court shall be presided over by a municipal judge. The mayor, subject to the approval of the city council, shall appoint the judge of the municipal court.
In the event the municipal judge is temporarily unable to preside due to absence, illness or disqualification, the municipal judge shall designate an attorney or other qualified person to act as judge pro tempore. In the event the municipal judge fails to appoint a judge pro tempore, the judge pro tempore shall be appointed in the same manner as the municipal judge is selected. The judge pro tempore shall receive compensation as shall be provided by ordinance, payable in the same manner as the compensation of the regular municipal judge. In the event a vacancy shall occur in the office of municipal judge, a successor shall be appointed to fill the unexpired term in the same manner as the municipal judge was appointed.
The municipal judge shall have such powers and duties as set forth in the Kansas code of procedure for municipal courts (K.S.A. 12-4101 et seq.) and all acts amendatory or supplemental thereto.
The Municipal Judge may establish a schedule of fines that shall be imposed for the violation of certain ordinances upon a voluntary entry of appearance upon a plea of guilty or no contest to a complaint alleging such a violation which is the same as the fine schedule set out at K.S.A. 8-2118(c) and as that schedule is amended from time to time. The following traffic violations are specifically excluded from such schedule:
(a) Driving under the influence of intoxicating liquor or drugs;
(b) Reckless driving;
(c) Driving without a valid license, or on a suspended or revoked license;
(d) Leaving the scene of an injury accident;
(e) Attempting to evade or allude a police officer;
(f) Operating a motor vehicle without proof of liability insurance.
The Municipal Judge may authorize the Clerk of the Municipal Court or some other person to accept such voluntary appearances and pleas of guilt or no contest and to accept the fines imposed by the Judge’s schedule. Whenever any person has been found guilty of a violation of a City Ordinance, based upon verdict or plea, the Court may suspend the imposition of sentence, but in no event shall the total period of suspension of sentence exceed the maximum time provided by Ordinance for the violation.
(C.O. No. 18-96; Ord. 1060; Code 2021)
The municipal judge and prosecuting attorney shall receive a salary as shall be fixed by the Governing Body of Park City, Kansas.
There is hereby established the office of the clerk of the municipal court of the City of Park City, Kansas, which office shall be filled by appointment by the mayor, subject to approval by the city council. The duties of the office shall be those prescribed by the Code for Municipal Courts set forth in Chapter 12, Article 41 of the Kansas Statutes, and shall include the following duties:
(a) The clerk shall issue all process of the court, administer oaths, file and preserve all papers, docket cases and set same for trial and shall perform such further acts as may be necessary to carry out the duties and responsibilities of the court. The clerk shall receive, account for and pay to the city treasurer monthly all fines and forfeited bonds paid into the court. The clerk shall make reports to the judicial administrator and furnish the information when requested by him, her or a departmental justice on such forms furnished by the judicial administrator, and approved by the Supreme Court.
(b) The clerk of the municipal court shall within 10 days after selection and before entering upon the duties of office, execute to the city such bond as the governing body may require, which shall be approved by the governing body, and file in the office of the city clerk, conditioned for the faithful performance of the duties required of him or her by law, and for the faithful application and payment of all moneys that may come into his or her hands in the execution of the duties of the office. The city shall pay the cost of such bond.
Where a municipal court judgment against any person results in a fine and/or court costs only, the same shall be satisfied by paying the amount of such fine and/or court costs to the municipal court immediately on the rendition of judgment, or at such time as the municipal judge shall determine.
It shall be unlawful for any person to willfully fail to pay any lawfully imposed fine for a violation of any law of the city within the time authorized by the court and without lawful excuse having been presented to the court on or before the date the fine is due. Such conduct constitutes a violation of this article, regardless of the full payment of the fine after such time.
(a) All parties shall be entitled to the use of subpoenas to compel attendance of witnesses with the State. The Municipal Judge or Clerk shall issue a subpoena that may be served by any law enforcement officer upon the named person. Disobedience may constitute contempt.
(b) Fees and mileage of subpoenaed witnesses shall be set by the City Council by separate Non-Charter Ordinance.
Established is the following schedule of costs for all municipal court cases:
(a) The sum of Forty-four Dollars ($44.00) shall be assessed as court costs against each person charged with a violation of any of the ordinances of the City, unless found not guilty. The $44.00 court costs shall be in addition to any assessment levied by the State of Kansas to be collected by the Municipal Court. However, this subsection shall not apply to persons who are found guilty or who plead guilty who are charged with violating an ordinance that involves a parking violation. The funds collected from this assessment shall be paid to the general fund of Park City, Kansas. Every person charged with a violation of any of the ordinances of the City, unless found not guilty, shall pay a technology fee of Twelve Dollars ($12.00). The funds collected from the technology fee shall be paid to the general fund of Park City, Kansas.
(b) In addition to other costs provided for in this section, the following court costs shall be assessed when applicable against any person whose case is docketed for trial unless found not guilty:
Witness fee (per person) $15.00
For each trial setting that is attributable to the defendant $25.00
For issuance of a fail to appear letter on traffic infractions $5.00
For issuance of a warrant $50.00
Fee for defendant making payments under installment agreement $15.00
Mileage (per mile) less first ten miles, if witness *
Mileage (per mile) other than as a witness *
Miscellaneous costs for processing records, photocopies, certification, etc. †
* Amount allowed as mileage expense as set by the United States Internal Revenue Service
† Amount as specified by Municipal Court Judge of Park City, Kansas
(c) In addition to other costs provided for in this section, the sum of Twenty-Two and 50/100 Dollars ($22.50) shall be assessed against each defendant unless found not guilty, and said sum shall be paid into the Park City Law Enforcement, Court Personnel and Code Enforcement Training Fund. The funds shall be under the control of and monitored by the City Clerk of the City of Park City, Kansas.
(d) In addition to other costs provided for in this section, the Municipal Court is further authorized to assess a fee for the evaluation of the defendant to assist the Court in determining an appropriate sentence to be imposed upon the defendant who is directed to undergo such an evaluation.
(e) In addition to other costs provided for in this section, the Municipal Court is further authorized to assess a fee of One Hundred Dollars ($100.00) for processing an expungement of a person’s record of a prior conviction.
(f) In addition to other costs provided for in this section, the sum of Twenty-Five Dollars ($25.00) shall be assessed against each defendant unless found not guilty who has been fingerprinted at the order of the Municipal Court Judge.
(g) All court costs assessed and imposed under this section shall be paid not later than sixty (60) days following imposition of such costs; provided, however, that the Court may extend the time for such payment to one hundred twenty (120) days for good cause shown. In no case shall the Court order the time for payment of court costs assessed pursuant to this section extended beyond one hundred twenty (120) days from the date of initial imposition.
(h) In lieu of payment of court costs assessed pursuant to this section, the Court may order the defendant to perform community service as specified by the Court, only after the defendant has filed an affidavit containing information showing that the Defendant is financially unable to pay such costs. Such affidavit shall contain information specified by and be in a form adopted by the Municipal Court Judge. The Court may interrogate the defendant under oath as to the contents of the affidavit; may require the defendant to produce evidence upon the issue of the defendant’s financial condition; and may require the City prosecutor, City law enforcement officer, or other Municipal Court employee to investigate and report upon the financial condition of the defendant. If the Court finds that the defendant is unable to perform community service, then the Court may enter an order suspending the court costs imposed by this section.
(i) If it appears to the Court that a prosecution is instituted without probable cause and with malicious motives, the Court may require that the complaining witness or other person initiating the prosecution appear and answer questions concerning his or her motives for instituting the prosecution. If, upon hearing, the Court determines that such prosecution was instituted without probable cause or with malicious motives, all costs of the case shall be assessed against the complaining witness or other person initiating the prosecution.
(j) At the conclusion of each Municipal Court case, the Court shall, where applicable, assess the court costs to the party responsible for the payment of such costs, and shall cause to be delivered to such responsible party a complete statement of costs specifying each item or service and the fee assessed for each item or service.
(Ord. 1009; Ord. 1012; Ord. 1053; Ord. 1060; Code 2021)
The following schedule of costs and fees for all municipal court cases is hereby established:
(a) The sum of Forty-four Dollars ($44.00) shall be assessed as court costs against each person charged with a violation of any of the ordinances of the City, unless found not guilty. The $44.00 court costs shall be in addition to any assessment levied by the State of Kansas to be collected by the Municipal Court. However, this assessment of costs shall not apply to persons who are found guilty or who plead guilty who are charged with violating an ordinance that involves a parking violation. The funds collected from this assessment shall be paid to the general fund of Park City, Kansas. Every person charged with a violation of any of the ordinances of the City, unless found not guilty, shall pay a technology fee of Twelve Dollars ($12.00). The funds collected from the technology fee shall be paid to the public safety and court technology fund.
(b) In addition to other costs provided for in this section, the following court costs shall be assessed when applicable against any person whose case is docketed for trial unless found not guilty:
|
Witness fee (per
person) |
$15.00 |
|
For each trial
setting that is attributable to the defendant |
$25.00 |
|
For issuance of a
fail to appear letter on traffic infractions |
$5.00 |
|
For issuance of a
warrant |
$50.00 |
|
Fee for defendant
making payments under installment agreement |
$15.00 |
|
Mileage (per mile)
less first ten miles, if witness |
* |
|
Mileage (per mile)
other than as a witness |
* |
|
Miscellaneous costs
for processing records, photocopies, certification, etc. |
† |
* Amount allowed as mileage expense as set by the United States Internal Revenue Service
† Amount as specified by Municipal Court Judge of Park City, Kansas
(c) In addition to other costs provided for in this section, the sum of Nineteen and 50/100 Dollars ($19.50) Nineteen Dollars shall be assessed against each defendant unless found not guilty, and said sum shall be paid into the Park City Law Enforcement, Court Personnel and Code Enforcement Training Fund. The funds shall be under the control of and monitored by the City Clerk of the City of Park City, Kansas, who shall report on a quarterly basis the credits and debits of the Fund to the City Council.
(d) In addition to other costs and fees provided for in this section, the Municipal Court is further authorized to assess a fee for the evaluation of the defendant to assist the Court in determining an appropriate sentence to be imposed upon the defendant who is directed to undergo such an evaluation or in determining whether the defendant is complying with the Court’s conditions of probation.
(e) In addition to other costs provided for in this section, the Municipal Court is further authorized to assess a fee of One Hundred Dollars ($100.00) for processing an expungement of a person’s record of a prior conviction.
(f) In addition to other costs provided for in this section, the sum of Ten Dollars ($10.00) shall be assessed against each defendant unless found not guilty who has been fingerprinted at the order of the Municipal Court Judge.
(g) In addition to other costs provided for in this section, the jail fees the City actually incurs or has incurred as a result of the incarceration of a convicted person in the Sedgwick County jail, either pre-conviction or as part of a sentence for conviction in Municipal Court, shall be imposed as court costs; except the Municipal Court Judge may determine, in writing, that such jail fees should be reduced in the interests of justice due to the length of time such convicted individual was held in custody pre-conviction when a significant portion of such time cannot be applied against the sentence as time served. For notice purposes, the then current rate charged the City for jail time shall be included as an entry in the Municipal Court’s fine schedule.
(h) All court costs assessed and imposed under this section shall be paid not later than sixty (60) days following imposition of such costs; provided, however, that the Court may extend the time for such payment to one hundred twenty (120) days for good cause shown. In no case shall the Court order the time for payment of court costs assessed pursuant to this section extended beyond one hundred twenty (120) days from the date of initial imposition.
(i) In lieu of payment of court costs assessed pursuant to this section, the Court may order the defendant to perform community service as specified by the Court, only after the defendant has filed an affidavit containing information showing that the Defendant is financially unable to pay such costs. Such affidavit shall contain information specified by and be in a form adopted by the Municipal Court Judge. The Court may interrogate the defendant under oath as to the contents of the affidavit; may require the defendant to produce evidence upon the issue of the defendant’s financial condition; and may require the City prosecutor, City law enforcement officer, or other Municipal Court employee to investigate and report upon the financial condition of the defendant. If the Court finds that the defendant is unable to perform community service, then the Court may enter an order suspending the court costs imposed by this section.
(j) If it appears to the Court that a prosecution is instituted without probable cause and with malicious motives, the Court may require that the complaining witness or other person initiating the prosecution appear and answer questions concerning his or her motives for instituting the prosecution. If, upon hearing, the Court determines that such prosecution was instituted without probable cause or with malicious motives, all costs of the case shall be assessed against the complaining witness or other person initiating the prosecution.
(k) At the conclusion of each Municipal Court case, the Court shall, where applicable, assess the court costs to the party responsible for the payment of such costs, and shall cause to be delivered to such responsible party a complete statement of costs specifying each item or service and the fee assessed for each item or service.
(Ord. 998; Ord. 1009; Ord. 1031; Ord. 1053; Ord. 1103; Code 2021)