A CHARTER ORDINANCE REPEALING CHARTER ORDINANCE NO. 12-93, EXEMPTING THE CITY OF PARK CITY, KANSAS, FROM THE PROVISIONS OF K.S.A. 12-4112, 12-4305, 12-4410, AND 12-4411, AND PROVIDING A MECHANISM FOR THE ADOPTION OF SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECTS RELATING TO THE CODE OF PROCEDURE FOR THE MUNICIPAL COURT.

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

SECTION 1.          The City of Park City, Kansas, 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 itself from and makes inapplicable to it the provisions of K.S.A. 12-4112, 12-4305, 12-4410, and 12-4411 and provides a mechanism for substituting additional provisions as hereinafter set forth in this Ordinance.  Such referenced provisions are either enactments or a part thereof which are applicable to this City, but are not applicable uniformly to all cities.

SECTION 2.          The City of Park City, Kansas, shall by separate Non-Charter Ordinance establish and thereafter modify at the discretion of the Council by subsequent ordinance, certain court costs to be assessed against all persons whose cases are docketed by the Municipal Court  and who are found guilty.

SECTION 3.          The Municipal Judge may establish a schedule of fines which 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.  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.

SECTION 4.          The Code of Criminal Procedure shall govern, insofar as applicable, the procedure for discovery.  Depositions shall not be taken or used without written agreement of both parties filed with the Court or by Order of the Court subject to the Code of Criminal Procedure, insofar as applicable.

SECTION 5.          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 which may be served by any law enforcement officer upon the named person.  Disobedience may constitute contempt.

Fees and mileage of subpoenaed witnesses shall be set by the City Council by separate Non-Charter Ordinance.

SECTION 6.          Charter Ordinance 12-93 of the City of Park City, Kansas, shall be and is hereby repealed upon the effective date of this Charter Ordinance.

(01-09-1996)