Chapter 2.50
MUNICIPAL COURT
Sections:
2.50.010 Municipal Court established.
2.50.020 Municipal Court – Practice and procedures.
2.50.030 Appointment of Municipal Judge.
2.50.040 Powers and duties of Municipal Judge.
2.50.050 Municipal Judge pro tem.
2.50.060 Prosecuting Attorney.
2.50.070 Municipal Court sessions.
2.50.080 Municipal Court record.
2.50.090 Fine and costs – How paid.
2.50.100 Appointment of counsel for indigent defendants.
2.50.110 Report of Municipal Judge.
2.50.120 Rewards paid to City Clerk.
2.50.130 Municipal Court – Costs.
2.50.140 Charge for returned checks.
2.50.150 Posting of bonds.
2.50.160 Failure to comply.
Prior legislation: Ords. 1660 and 2063.
2.50.010 Municipal Court established.
There is hereby established a Municipal Court for the City of Gardner, Kansas. The Municipal Court shall have jurisdiction to hear and determine cases involving violations of the laws of the City. (Code 1990 § 10-101)
2.50.020 Municipal Court – Practice and procedures.
The Kansas code of procedures 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 all cases in the Municipal Court. (Code 1990 § 10-102)
2.50.030 Appointment of Municipal Judge.
The Municipal Court shall be presided over by a Municipal Judge who shall be appointed by the Mayor with the consent of the Council. (Code 1990 § 10-103)
2.50.040 Powers and duties of Municipal Judge.
The Municipal Judge shall have such powers and duties as set forth in the Kansas code of procedure for municipal courts (K.S.A. 12-4101 et seq.) and all acts amendatory or supplemental thereto. (Code 1990 § 10-104)
2.50.050 Municipal Judge pro tem.
If the Municipal Judge is absent, sick, or disqualified from acting, the Judge shall appoint some suitable and proper person to be Municipal Judge pro tem until such absence, disability or objection shall cease. (K.S.A. 12-4107) (Code 1990 § 10-105)
2.50.060 Prosecuting Attorney.
The Prosecuting Attorney shall be appointed by the Mayor with the consent of the Council, and shall prosecute all contested cases in Municipal Court and shall appear to prosecute such other cases as the judge of the Municipal Court shall deem necessary. (Code 1990 § 10-106)
2.50.070 Municipal Court sessions.
The Governing Body of the City of Gardner, Kansas, hereby establishes the second Tuesday and the Wednesday following the second Tuesday of each month, and the fourth Wednesday of each month as the regular court sessions of the Municipal Court of the City of Gardner, Kansas, which shall be held at the Gardner City Hall, 120 E. Main, Gardner, Kansas. The Municipal Judge may cancel court sessions or add additional court sessions as deemed necessary at any time. (Ord. 2095 § 1. Code 1990 § 10-107)
2.50.080 Municipal Court record.
All prosecution for violating any City ordinance shall be entitled, “The City of Gardner against ______,” and the Municipal Judge shall state in his/her docket the name of the complainant; the nature or character of the offense; the date of the trial; the names of all the witnesses sworn and examined; the findings of the Court; the judgment of 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. The procedure in the Municipal Court shall be as provided in the Laws of the State of Kansas. (R.O. 1926, No. 37. Code 1990 § 10-108)
2.50.090 Fine and costs – How paid.
All costs shall be paid to the Municipal Judge and fines or penalty assessed other than costs shall be paid to the City Clerk, who shall receipt the same, which receipt shall be filed with the Municipal Judge and shall deposit and file the same with the papers in the case and make an entry thereof in his/her docket. (R.O. 1926, No. 39. Code 1990 § 10-109)
2.50.100 Appointment of counsel for indigent defendants.
The Governing Body of the City of Gardner, Kansas, now deems it advisable to provide for a procedure for compensation of counsel appointed by the Municipal Judge in proceedings before the Municipal Court of Gardner, Kansas, if appointment becomes necessary pursuant to K.S.A. 12-4405 and acts supplemental and amendatory thereto. If it shall become necessary for the Municipal Judge of the Municipal Court of the City of Gardner, Kansas, to appoint counsel for indigent defendants pursuant to K.S.A. 12-4405, said counsel shall be appointed by the Court and paid on an hourly basis at $60.00 per hour. The Municipal Judge shall review and approve all statements submitted by counsel for indigent defendants prior to payment by the City. (Ord. 2267 § 21; Ord. 2257 § 16; Ord. 1448 §§ 1, 2, 3. Code 1990 § 10-110)
2.50.110 Report of Municipal Judge.
At the first regular meeting of the City Council in each month, the Municipal Judge shall make to the Council a full and complete report of the proceedings before him/her for the preceding month, which report shall state the names of all parties prosecuted before him/her, the amount of fine and costs assessed, the amounts collected and the final disposition of the case and he/she shall deliver and report to the City Clerk who shall place it on file. (R.O. 1926, No. 40. Code 1990 § 10-111)
2.50.120 Rewards paid to City Clerk.
All money due to or received by the Chief of Police or any Police Officer on account of any reward accruing to him/her in consequence of any action in the line of duty shall be paid to the City Clerk and deposited to the credit of the general fund of the City. (R.O. 1926, No. 41. Code 1990 § 10-112)
2.50.130 Municipal Court – Costs.
A. The Governing Body of the City of Gardner, Kansas, shall and does hereby assess court costs to the defendant, in the amount of $15.50, for each and every case that shall result in a conviction in the Municipal Court, plus mileage, subpoena and witness costs for the defense witnesses authorized by statute.
B. In case of extreme hardship, the Municipal Judge is hereby empowered to waive court costs, or to permit the payment of the same by installments. (Ord. 2257 § 17; Ord. 1845 § 1. Code 1990 § 10-113)
2.50.140 Charge for returned checks.
The City shall levy a charge of $30.00 for all checks returned from the banks to the City for reasons of insufficient funds, account closed or stopped payment. (Ord. 2257 § 18; Ord. 1845 § 2. Code 1990 § 10-114)
2.50.150 Posting of bonds.
All bonds for appearance in Municipal Court shall comply with this section.
A. Persons Violating City Ordinance, Procedures, Right to Post Bond. Any person arrested or detained by a Police Officer of this City may be taken immediately by said Police Officer to the Police Station of the City or the office in said City designated by the Municipal Judge. At that time, such person shall have the right to post bond for his/her appearance in Court. However, if the Police Officer has probable cause to believe that such person may cause injury to himself, herself or others, or damage to property, and there is no responsible person or institution to which such person might be released, such person shall remain in the protective custody of the law enforcement officer, in the County Jail for a period not to exceed six hours, at which time such person shall be given an opportunity to post bond for his/her appearance. While so held in protective custody, every person shall be permitted to consult with counsel or other persons on his/her behalf. Any person who does not make bond for his/her appearance shall be placed in the County Jail, to remain there until he/she makes bond for his/her appearance, or appears before the Municipal Court at the earliest practical time; provided, however, any such person who has not made bond and who has not appeared before the Municipal Court within 12 hours after being detained or arrested shall be released on his/her personal recognizance to appear at a later date.
B. Appearance Bonds, Methods of Securing. A person having the right to post bond for appearance shall, in order to do so, execute in writing a promise to appear at the Municipal Court at a stated time and place. Such appearance bond shall be in an amount as determined by the Municipal Judge, and may be secured by any one of the following methods, and when so secured, said person shall be released from custody. The methods of securing the appearance of an accused person are as follows:
1. Payment of cash, except that the Municipal Judge may permit negotiable securities or a personal check in lieu of cash.
2. The execution of an appearance bond by a responsible individual residing within the State of Kansas, as surety with the approval of the Municipal Judge.
3. A guaranteed arrest bond certificate issued by either a surety company authorized to transact such business within the State of Kansas, or an automobile club authorized to transact business in this State by the Commissioner of Insurance, except that such “guaranteed arrest bond certificate” must be signed by the person to whom it is issued and must contain a printed statement that the surety guarantees the appearance of such person and, in the event of failure of such person to appear in court at the time of trial, will pay any fine or forfeiture imposed upon such person not to exceed an amount to be stated on such certificate.
C. Said cash bond shall be taken in the following manner: The officer shall furnish the person halted a stamped envelope addressed to the Judge or Clerk of the Court named in the written notice to appear and the person shall place in such envelope the amount of the bond, and in the presence of the officer shall deposit the same in the United States mail. After having complied with such, the person halted need not sign the written notice to appear, but the officer shall note the amount of the bond mailed on the notice to appear form and shall give a copy of such form to the person. If the person halted furnished the officer with a guaranteed arrest bond certificate or bank card draft, the officer shall give such person a receipt therefor and shall note the amount of the bond on the notice to appear form and give a copy of such form to the person halted. Such person need not sign the written notice to appear, and the officer shall present the notice to appear and the guaranteed arrest bond certificate or bank card draft to the Court as soon as reasonably possible.
D. City Traffic Ordinance Violations. In lieu of giving security in the manner provided above, the accused person may deposit with the Police Officer or the Clerk of the Municipal Court a valid license to operate a motor vehicle in the State of Kansas in exchange for a receipt therefor issued by the Police Officer or the Clerk of the Municipal Court, the form of which shall be approved by the Division of Vehicles of the State Department of Revenue. Said receipt shall be recognized as a valid temporary Kansas operator’s license authorizing the operation of a motor vehicle by the accused person to the date of the hearing stated on the receipt. Said license and written copy of the notice to appear shall be delivered by the law enforcement officer to the Municipal Court as soon as reasonably possible. If the hearing on any such charge is continued for any reason, the Municipal Judge may note on the receipt the date to which such hearing has been continued, and said receipt shall be recognized as a valid temporary Kansas operator’s license, as herein provided, until such date, but in no event shall such receipt be recognized as a valid Kansas operator’s license for a period longer than 30 days from the date for the original hearing. Any person who deposited his/her operator’s license to secure his/her appearance, in lieu of giving a bond as provided above, shall have such license returned upon the giving of the required bond pursuant to the above or upon final determination of the charge.
In the event the accused person deposits a valid license to operate a motor vehicle in this State with the Municipal Court and thereafter fails to appear in Court on the date set for appearance, or any continuance thereof, the Municipal Judge shall forward the operator’s license of such person to the Division of Vehicles with an appropriate explanation attached thereto. Upon receipt of the operator’s license of such person, the Division of Vehicles may suspend such person’s privilege to operate a motor vehicle in this State until such person appears before the Municipal Court, or the Municipal Court makes a final disposition thereof, and notice of such disposition is given by the Municipal Court to the division, or for a period not exceeding six months from the date such person’s operator’s license is received by the division, whichever is earlier.
Any person who applies for a duplicate or new operator’s license to operate a motor vehicle in this State prior to the return of his/her original license, where such license has been deposited in lieu of the giving of a bond as provided in this section, shall be guilty of a misdemeanor punishable as set forth in K.S.A. 8-2116.
E. Personal Recognizance. Notwithstanding the provisions above, a Police Officer may release an accused person from custody without requiring security for his/her appearance, and shall release such accused person without requiring security for the appearance, pursuant to any rule or order of the Municipal Judge.
F. Failure to Appear. In the event the accused person fails to appear at the time designated in the appearance bond, or at any subsequent time to which the appearance has been continued, the Municipal Judge shall declare the bond forfeited, except that, if it appears to the Court that justice does not require the enforcement of the forfeiture, the Court may set the same aside upon such conditions as the Court may impose. Where the forfeiture of a bond has become final, the Court shall direct the application of the funds or that suitable action be instituted for the collection from the sureties thereon or from the accused person. Upon collection of the forfeiture bond funds, the Municipal Court Judge or Court Clerk shall remit same to the City Clerk for deposit to the City general fund. (Ord. 1483 § 1. Code 1990 § 10-201)
2.50.160 Failure to comply.
The Governing Body of the City of Gardner, Kansas, now deems it advisable to provide for the offense of failure to comply with a traffic citation in the City of Gardner, Kansas, as provided in K.S.A. 8-2110 and providing for the penalties for violation thereof to read as follows:
A. “Failure to comply with a traffic citation” means failure to:
1. Appear at Court in response to a traffic citation and pay in full any fine and Court cost imposed or;
2. Otherwise comply with the traffic citation as provided in subsection (A)(1) of this section.
Failure to comply with a traffic citation is a misdemeanor, regardless of the disposition of the charge for which such citation was originally issued.
B. Every person convicted of a violation of any of the provisions of this section shall for the first conviction thereof be punished by a fine of not more than $100.00 or by imprisonment for not more than 10 days; for a second such conviction within one year thereafter, such person shall be punished by a fine of not more than $200.00 or by imprisonment for not more than 20 days or by such fine and imprisonment; upon a third or subsequent conviction within one year after the first conviction, such person shall be punished by a fine of not more than $500.00 or by imprisonment of not more than six months, or by both such fine and imprisonment.
C. In addition to the penalties provided for in subsection (B) of this section, when a person fails to comply with a traffic citation, except for illegal parking, standing or stopping, the Court shall inform the Division of Vehicles of the State of Kansas of the failure to comply and shall take such further action in compliance with the requirements of the Division of Vehicles of the State of Kansas. (Ord. 1555 § 1. Code 1990 § 10-301)