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(a) The city by virtue of the power vested in it by Article 12, § 5 of the Constitution of the state hereby elects to and does exempt itself and make inapplicable to it K.S.A. 12-4112 which applies to this city, but is part of an enactment which does not apply uniformly to all cities.
(b) Court costs may be assessed against the accused person for the administration of justice in any Municipal Court case where the accused person pleads guilty or nolo contendre or is found guilty. Costs shall be assessed as provided by ordinary city ordinance and in addition thereto the Municipal Judge may assess witness fees and mileage as set forth in K.S.A. 12-4411.
(c) If it appears to the Municipal Court that prosecution was instituted without probable cause and from malicious motives, the Court may require the complaining witness or other person instituting the prosecution to appear and answer concerning his or her motives for instituting the prosecution. If upon hearing, the Court determines that the prosecution was instituted without probable cause and from malicious motives, all costs in the case shall be assessed against the complaining witness or other person initiating the prosecution.
(d) This Charter ordinance shall be published once weekly for two consecutive weeks in the official city newspaper.
(e) This is a Charter ordinance and shall take effect 61 days after final publication, unless a sufficient petition for a referendum is filed and a referendum held on the ordinance as provided in Article 12, § 5(c)(3) of the Constitution of the state, in which case the ordinance shall become effective if approved by the majority of the electors voting thereon.
(Charter Ord. 621, passed 3-5-2005)