(A) Municipal Court established. There is hereby established a Municipal Court for the city. The Municipal Court shall have jurisdiction to hear and determine cases involving violations of the ordinances of the city.
(B) Practice and procedure. The state code of procedure for municipal courts, as set forth in K.S.A. §§ 12-4101 et seq. and all acts amendatory or supplemental thereto shall govern the practice and procedure in cases in the Municipal Court.
(C) Time and place of sessions. Municipal Court shall be held on the last Tuesday of January, the last Tuesday of April, the last Tuesday of July, and the last Tuesday of October at the City Hall at 6:00 p.m.
(D) Municipal judge appointment. 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.
(E) Pro tem. In the event the Municipal Judge is temporarily unable to preside due to absence, illness, or disqualification, the Municipal Judge shall designate an attorney to act as judge pro tem. In the event the Municipal Judge fails to appoint a judge pro tem, the judge pro tem shall be appointed in the same manner as the Municipal Judge is selected. 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.
(F) Powers and duties. The Municipal Judge shall have such powers and duties as set forth in the state code of procedure for municipal courts (K.S.A. §§ 12-4101 et seq.) and all acts amendatory or supplemental thereto.
(G) Court Clerk. There is hereby established the office of the Clerk of the Municipal Court of the city. The Court Clerk shall be appointed by the Mayor subject to the approval of the City Council. The duties of the office shall be those prescribed by the code of Municipal Court and shall include the following duties:
(1) The Clerk shall issue all processes 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 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.
(2) The Mayor, subject to the approval of the City Council, may remove the Clerk appointed under the authority of this section.
(H) Payment of fine. When a municipal judgement 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 costs to the Clerk immediately on the rendition of judgement or at such time as the Municipal Judge shall determine.
(I) Failure to pay separate violation. It shall be unlawful for any person to willfully fail to pay a 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 section regardless of the full payment of the fine after such fine.
(J) Failure to appear.
(1) It shall be unlawful for any person charged with a violation of any law of the city to fail to appear before the Municipal Court when so scheduled to appear, unless a lawful excuse for such absence has been presented to the Court on or before the time and date scheduled for appearance.
(2) Failure to appear shall include willfully incurring a forfeiture of an appearance bond and failure to surrender oneself within 30 days following the date of such forfeiture by one who is charged with a violation of the laws of the city and has been released on bond for appearance before the Court for trial or other proceeding prior to conviction or willfully incurring a forfeiture of an appearance bond and failing to surrender oneself within 30 days after his or her conviction of a violation of the laws of the city has become final by one who has been released on an appearance bond by any court of this state.
(3) Any person who is released upon his or her own recognizance, without surety, or who fails to appear in response to a summons, notice to appear or traffic citation duly served upon him or her personally shall be deemed a person released on bond for appearance within the meaning of division (B) of this section.
(4) Failure to appear, upon conviction thereof, shall be punishable by incarceration for up to 30 days and/or a fine of up to $250.
(K) Court costs. Municipal Court costs shall be $125.
(Ord. 20-01, passed - -)