Charter Ordinance No. 6

A CHARTER ORDINANCE EXEMPTING THE CITY OF CLEARWATER, KANSAS, FROM THE PROVISIONS OF K.S.A. 12-4112 AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT RELATING TO THE COURT COSTS IN THE MUNICIPAL COURT OF THE CITY OF CELARWATER, KANSAS.

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

Section 1.  The City of Clearwater, Kansas, by the power vested in it by Article XII, Section V, of the Constitution of the State of Kansas, hereby elects to exempt itself from and make inapplicable to it the provisions of K.S.A. 12-4112 and provides substitute and additional provisions as hereinafter set forth in this Ordinance.  Further, said statute is part of an enactment which is applicable to this city but is not applicable uniformly to all cities.

Section 2. There is hereby added to the Clearwater Municipal Code:

“Section 1.24.011. Municipal Court Costs.  Cost 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 as provided by the terms contained in Section 1.24.012 of the Municipal Code of the City of Clearwater, Kansas.  If it appears to the Court that any 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 the motives for instituting the prosecution.  If upon the hearing the Court determines that the prosecution was instituted without probable cause and for 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 specifying the items of service and the fee assessed for each service.”