The following costs shall be assessed, where applicable, against persons who are found guilty, plead guilty, or fail to comply with a traffic citation as costs for the administration of justice:
(a) The sum of $90 shall be assessed as court costs against each person charged with a violation of any ordinances of the city, unless found not guilty or imposition of court costs is otherwise prohibited by ordinances of the city. The $90 in court costs shall include all costs required by state statute.
(b) A cost of $25 shall be assessed against each person for whom a Municipal Court bench warrant is ordered by the Court for failure to appear, probation violation, or failure to comply.
(c) A cost of $25 shall be assessed against each person for whom a Municipal Court bench warrant is ordered by the Court for failure to pay any fine, penalties or costs as provided in this section.
(d) Each person placed under the supervision of a probation officer shall pay a probation fee of $60 for each probation.
(e) The cost for housing, meals and medical care while incarcerated prior to and after a conviction for a violation of the ordinances of the city shall be assessed against each person. Said cost shall be the amount actually charged by the Kingman County Sheriff and paid by the city.
(1) In determining the amount and method of payment of costs for housing, meals and medical care, the Court shall take into account the financial resources of the person and the nature of the burden that payment of such fees will impose.
(2) If a person alleges the cost of housing, meals and medical care would create an undue hardship on the person, he or she may, by motion to the Municipal Court, request that such costs be waived and/or reduced. If the Court, in its discretion after evaluating the evidence, determines that such fees will create an undue hardship, the Court may waive or reduce said fees.
(f) A blood draw fee of $40 shall be imposed upon each person convicted of a crime for which blood was drawn for testing at the laboratory of the Kansas Bureau of Investigation.
(g) Except as set forth herein, the assessment and imposition of court costs pursuant to this section shall be mandatory, however, the Court shall have the authority to take into account a person’s financial circumstances to determine if such fees or costs would create an undue hardship. If the Court determines after review of the evidence that an undue hardship exists, it may waive or reduce fines, fees, and costs or allow performance of community service work to reduce or pay fines, fees, and costs.
(h) The costs and fees assessed pursuant to this section shall be in addition to any fine imposed.
(Ord. 1978, passed 6-26-2014; Ord. 2035, passed 12-28-2017; Ord. 2060, passed 11-14-2019)