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The city council shall provide a suitable courtroom for the municipal judge at the expense of the city; and shall furnish the municipal judge with a suitable docket, files and supplies as may be needed for the municipal court. (1983 Code § 8-205)
A. Compliance With State Law: All matters relating to procedure, prosecution, trial and appeal shall comply with the provisions of Kansas Statutes Annotated articles 41 through 46 of chapter 12, and any amendments thereto.
B. Sessions: The municipal judge shall hold his court at such times and place as shall be set by the municipal judge.
C. Docket Maintained: The municipal judge shall keep a docket in which he shall enter every cause brought before him. All prosecutions for violating any ordinance of the city shall be entitled "The City of Scott City against " (naming the person charged) and the municipal judge shall state in his docket the name of the complainant, the nature or character of the offense, the date of the trial, the names of all witnesses sworn and examined, the findings of the court, the judgment or fine and costs, the date of payment, the date of issuing commitment, if any, and every other fact necessary to show the full proceedings in such case.
D. Conviction, Judgment Of: In no case shall a judgment of conviction be rendered except upon sufficient legal testimony given on a public trial or upon a plea of guilty made in open court.
E. Punishment Declared And Assessed: If the defendant plead or be found guilty, the municipal judge shall declare and assess the punishment prescribed by ordinance, and render judgment accordingly, and for costs of suit, and may order that the defendant stand committed until the judgment is completed.
F. Lack Of Jurisdiction: If in the progress of any trial before the municipal judge, it shall appear that the accused ought to be put upon his trial for an offense against the criminal laws of the state, and not cognizable before the said municipal judge, he shall immediately stop all further proceedings before him as such judge, and thereupon he shall cause said complaint to be made before a county judge, who shall proceed as in other cases cognizable before county courts. (Ord. 1096, 10-20-2008)
A. The clerk of the municipal court, or any designee thereof, and the municipal judge shall assess and collect court costs from each accused person in each action in municipal court as provided in subsection B. of this section. Such court costs are based upon the cost of issuing process, administering oaths, filing and preserving all papers and records, docketing cases, setting cases for trial, and such further acts as may be compatible with the administration of justice.
B. Court costs shall be assessed against an accused person for any ordinance violation disposed of by forfeiture of bond, by plea of guilty or no contest, by a finding of guilt after trial, or by diversion or other alternative resolution as follows:
1. For all violations of ordinances related to traffic or from the standard traffic ordinance other than those specified in subsections B.3. and B.4. of this section: seventy-five dollars ($75.00).
2. For all violations of the uniform public offense code as adopted or amended by the city or for all other violations: one hundred dollars ($100.00).
4. Notwithstanding the provisions of subsection B.1., no court costs shall be assessed for all other violations relating to seat belts pursuant to Section 182.1 of the Standard Traffic Ordinance, as incorporated by reference in Section 6-1-1.
5. In the case of conflict between subsection B. and any other ordinance, the provisions of the other ordinance shall apply.
C. The City shall, insofar as applicable, remit to the State of Kansas the required assessments pursuant to K.S.A. 12-4116, 12-4117, and 12-4120, and amendments thereto, for only those costs that are assessed pursuant to subsection B. and that are collected.
D. Should the Kansas legislature or the Supreme Court of the State of Kansas, from time to time, increase required fees or assessments to be collected in municipal court, the costs designated in this section shall be increased by the clerk of the municipal court, or any designee thereof, in an amount necessary to adequately cover the increased required fee or assessment.
E. Only one court cost shall be assessed for each single case number, regardless of the number of violations in the case.
F. The application cost or program fee associated with a diversion agreement or any other alternative resolution for any other violation shall be determined by the City Prosecutor but shall not be less than one hundred and fifty dollars ($150.00) and shall not exceed five hundred dollars ($500.00).
G. The clerk of the municipal court may, at their sole discretion, determine the payment methods to be used for the payment of any costs in this section and for the payment of any fine imposed; provided, however, that the same payment methods must be generally available to all accused persons, absent an individualized suspicion of fraudulent activity or history.
H. The clerk of the municipal court may provide for non-cash payment methods, including, but not limited to, electronic, digital, and mobile payments. The clerk of the municipal court may set a fee to be added to each non-cash transaction that is equal to the cost paid by or charged to the City for payment processing or the clerk of the municipal court may provide for a payment processing service that sets fees for and directly charges accused persons or their payors for non-cash transactions. Any fee related to a non-cash transaction for payment processing is to be paid by the accused person or their payor and said fee shall be paid in addition to other costs and fines. The clerk of the municipal court, or any designee thereof, shall provide notice of any such fee to an accused person or their payor at the time of payment.
I. The clerk of the municipal court may provide for payment by personal or business checks. The acceptance of any check is conditional upon the satisfactory collection of the check. The clerk of the municipal court may establish fees for returned checks but any such fee shall not be less than twenty dollars ($20.00) and shall not exceed one hundred dollars ($100.00). Any such fee shall be paid by the accused person who drafted the returned check or by the accused person on whose behalf the returned check was presented. Any such fee shall be paid in addition to other costs and fines.
J. The costs and fees assessed pursuant to this Section shall be in addition to the fine imposed. (Ord. 1172, 4-18-2016; amd. Ord. 1259, 11-6-2023)
The following terms for purposes of this Chapter shall be defined as follows:
MUNICIPAL JUDGE: | The judge appointed by the Governing Body to preside over the Municipal Court. The term "Municipal Judge" shall exclude any attorney who is designated or selected to serve as judge pro tempore. |
TERMINATION BY RESOLUTION: | The termination of the appearance bond due to each charge in all cases covered under the bond being resolved by dismissal, by entering into diversion, or by the imposition of a sentence. (Ord. 1270, 9-16-2024) |
A. General Rule - Cash Bond Required: Upon the person's initial arrest and after completion of the booking process, any person who is arrested on a non-warrant arrest for an ordinance violation under this Code shall, given an opportunity to be released from custody by executing and posting an appearance bond that is secured by the payment of cash and by no other method of securing the person's appearance, except as may be authorized by subsections B., C., or D. The amount of cash required to be posted for any such cash bond shall be determined pursuant to subsection G.. Any such cash bond shall be conditioned upon any conditions of release that may be required by subsection H. Any such cash bond shall be in the form prescribed by subsection K.
B. Exception - Poverty Affidavit: Notwithstanding subsection A., any person who is authorized to be released on a cash bond pursuant to subsection A. and who notifies a law enforcement officer of the Scott City Police Department that the person is unable to post such bond due to their indigency shall be offered the opportunity to complete and execute a poverty affidavit pursuant to this subsection. Any fully completed and executed poverty affidavit received by a law enforcement officer of the Scott City Police Department shall be sent to the Municipal Judge or judge pro tempore for review no longer than eighteen (18) hours after the time of such person's arrest. Upon receipt of any such poverty affidavit, the Municipal Judge or judge pro tempore shall:
1. Determine whether the poverty affidavit necessitates a bond modification; and
2. Be authorized to reduce the amount of cash required to be posted for any cash bond or to change the method used to secure the person's appearance from a cash bond to a corporate surety bond or personal recognizance bond.
Any such bond modification shall not be effective unless executed by a Municipal Judge or judge pro tempore on the form prescribed by subsection K. In the event that the Municipal Judge or judge pro tempore modifies the bond to a corporate surety bond or personal recognizance bond, the judge shall impose any conditions of release that may be required by subsection H. In making any such modification, the Municipal Judge or judge pro tempore shall have no authority to remove any conditions of release that may be required by subsection H. Nothing in this subsection shall require the Municipal Judge or judge pro tempore to consult with the person who completed the affidavit or to consider any information other than what is effectively communicated in the poverty affidavit.
C. Exception - Medical Release: Notwithstanding subsection A., any person who is authorized to be released on a cash bond pursuant to subsection A. may be released from custody for any medical reason at the request of any law enforcement officer of the Scott City Police Department, but only upon the condition that the Scott City Police Department has received or attempted to obtain the consent for such release from the Chief of Police or, in the event that such person is unavailable, from the City Attorney or Assistant City Attorney.
D. Exception - Judicial Release: Notwithstanding subsection A., any person who is authorized to be released on a cash bond pursuant to subsection A. may be released from custody upon the order of the Municipal Judge or judge pro tempore for good cause.
E. Automatic Personal Recognizance Bond After Forty-Eight (48) Hours: Any person who is authorized to be released on a cash bond or corporate surety bond pursuant to this section and who is unable to post such bond within forty-eight (48) hours after the time of such person's arrest shall be given an opportunity to be released from custody by executing and posting a personal recognizance bond, but only upon the condition that the bond is conditioned upon any conditions of release that may be required by subsection H.
F. Refusal Or Inability To Cooperate: Any person who is authorized to be released on any appearance bond pursuant to this section and who fails, refuses, or is unable to fully complete and execute the bond shall be held in the Scott County Jail until such time that:
1. The person fully completes and executes such bond; or
2. The person can be brought before the Municipal Judge or judge pro tempore during a regularly scheduled court setting wherein the person shall be eligible for release upon any appearance bond and conditions of release required by the Municipal Judge or judge pro tempore, in the sole discretion thereof, except that the judge shall impose any conditions of release that may be required by subsection H.
G. Bond Schedule: The City shall prepare a bond schedule to be used to set the standard amount of cash required to be posted for any cash bond authorized pursuant to subsection A.. Any such bond schedule shall, at a minimum, list the minimum fine respectively set forth in this Code or approved by the Municipal Judge for each ordinance violation under this Code for which a potential jail sentence could be imposed. Any approved bond schedule may be amended at the sole discretion of the City, without notice to the general public or to the Governing Body. No such bond schedule or any amendment thereto shall be effective until executed by the Municipal Judge.
H. Conditions Of Release: Any appearance bond posted pursuant to this section shall impose the following conditions of release, if applicable:
1. No New Law Violations Condition: For any person who is arrested and charged with any ordinance violation, a condition of release to have no new law violations shall be imposed on any bond posted by such person. Such condition shall take effect on the date and time that the bond is executed by such person and shall remain in effect up to and until the bond is terminated pursuant to subsection I., unless the Municipal Court specifically orders the removal of such condition at an earlier time. Any arrest of such person that meets each of the following requirements shall constitute a violation of this condition, shall subject the bond to revocation pursuant to subsection J., and may result in the person being charged with a violation of Section 5-5-5, and amendments thereto:
a. The arrest was for any ordinance violation for which a potential jail sentence could be imposed or was for any crime for which a potential jail sentence could be imposed;
b. The arrest occurred subsequent to the time in which the condition was imposed on the person;
c. The arrest occurred during the time in which the condition was still in effect; and
d. The arrest occurred within the corporate limits of the City.
2. No Contact Condition: For any person who is arrested and charged with the ordinance violation of domestic battery, battery, assault, or any other ordinance violation that includes an offense against a person, threat against a person, or bodily harm to a person, a condition of release to have no contact with the alleged victim or victims thereof shall be imposed on any bond posted by such person. Such condition shall take effect on the date and time that the bond is executed by such person and shall remain in effect up to and until the bond is terminated pursuant to subsection I., unless the Municipal Court specifically orders the removal of such condition at an earlier time. Any of the following actions by such person shall, regardless of whether such action occurred within the corporate limits of the City, constitute a violation of this condition, shall subject the bond to revocation pursuant to subsection J., and may result in the person being charged with a violation of Section 5-5-5, and amendments thereto:
a. Any contact with any such victim in any manner whatsoever, either directly or indirectly, but only upon the conditions that any such contact occurred subsequent to the time in which the condition of release was imposed on the person and occurred during the time in which the condition was still in effect;
b. Entering or coming on or around the premises, residence, or workplace where any such victim resides, stays, or works, unless the person subject to the condition is accompanied by a law enforcement officer who has agreed to conduct a civil standby, but only upon the conditions that any such entering or coming on or around occurred subsequent to the time in which the condition of release was imposed on the person and occurred during the time in which the condition was still in effect; or
c. Abusing, molesting, or interfering with the privacy or rights of any such victim, wherever they may be, but only upon the conditions that any such abuse, molestation, or interference occurred subsequent to the time in which the condition of release was imposed on the person and occurred during the time in which the condition was still in effect.
I. Term; Termination: Any appearance bond posted pursuant to this section shall continue until and shall be terminated upon the earliest of:
1. The bond being Terminated by Resolution; or
2. The bond being revoked pursuant to subsection J..
Any appearance bond posted pursuant to this section shall in no way be construed as a bond ordered pursuant to K.S.A. 12-4602 or K.S.A. 22-3609, and amendments thereto.
J. Revocation: Any appearance bond posted pursuant to this section may be revoked as follows:
1. Failure To Appear: In the event that a person who posted such bond fails to appear before the Municipal Court as directed or referenced in the bond, the Municipal Judge or judge pro tempore may revoke the bond through the issuance of a warrant for the arrest of such person. Any such warrant may be issued to include any single case or multiple cases as follows:
a. The warrant may be issued in a single wherein the warrant covers only that particular case; or
b. The warrant may be issued in a single case wherein the warrant covers that particular case and also covers any number of other cases, so long as the person is a defendant in each case covered under the warrant.
In addition thereto, any such person may be charged with a violation of Section 5-5-6, and amendments thereto. In the event that a revocation pursuant to this subsection occurs prior to the bond being Terminated by Resolution, any condition of release imposed pursuant to subsection H. shall survive any such revocation and shall remain in full force and effect against such person until a subsequent appearance bond is posted imposing the same conditions of release.
2. Violation Of Condition Of Release: In the event that a person who posted such bond violates any condition of release imposed pursuant to subsection H., any law enforcement officer of the Scott City Police Department may revoke the bond and may immediately remand such person to the custody of the Scott County Jail. Any such person shall:
a. Be held in the Scott County Jail until such time that the person can be brought before the Municipal Judge or judge pro tempore during a regularly scheduled court setting; and
b. Be eligible for release upon any appearance bond and conditions of release required by the Municipal Judge or judge pro tempore, in the sole discretion thereof, except that the judge shall impose any conditions of release that may be required by subsection H.
In the event that a revocation pursuant to this subsection occurs prior to the bond being Terminated by Resolution, any condition of release imposed pursuant to subsection H. shall survive any such revocation and shall remain in full force and effect against the person until a subsequent appearance bond is posted imposing the same conditions of release.
K. Use Of Forms: Any appearance bond or poverty affidavit authorized pursuant to this section shall be in a standard form document that is prescribed or otherwise approved by the City, with the consent of the City Attorney or Assistant City Attorney, for such purpose. Any such form shall respectively comply with each of the following requirements:
1. Special Requirements - Appearance Bonds:
a. Any such appearance bond shall contain, in clearly readable print, a notice that substantially complies with the following language:
“IF YOU ARE UNABLE TO POST A CASH BOND DUE TO YOUR INDIGENCY, then you must notify a law enforcement officer of the Scott City Police Department that you are requesting a bond modification based on your indigency. You will then be required to fully complete and execute a Poverty Affidavit that will be sent to a judge of the Municipal Court for review in order to determine whether the statements contained in the Poverty Affidavit necessitate a bond modification. A decision on your bond modification will be made by the judge within eighteen (18) hours of your arrest. Your failure to fully complete and execute the Poverty Affidavit will result in your bond modification being denied.”
2. Special Requirements - Poverty Affidavit: Any such poverty affidavit shall be signed, whether physically or by electronic means, by the affiant as an unsworn declaration under the penalty of perjury pursuant to K.S.A. 53-601, and amendments thereto.
L. Administration: Any law enforcement officer of the Scott City Police Department shall be authorized to execute, enforce, and administer the provisions set forth by the section. (Ord. 1270, 9-16-2024)
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