Article X
MUNICIPAL COURT
Sections:
Division 1. Generally
Sec. A10-1. Jurisdiction of municipal court.
Sec. A10-2. Injunction.
Sec. A10-3. Injunction, complaint, notice and hearing.
Sec. A10-4. Form and scope of order.
Sec. A10-5. Court costs.
Sec. A10-6. Penalty for disobedience.
Sec. A10-7. Vacating or modifying.
Sec. A10-8. Subpoena – Power to issue.
Sec. A10-9. Subpoena – Form and issuance.
Sec. A10-10. Municipal judge – Absence – Vacancy – Pro tem.
Secs. A10-11 –
A10-20. Reserved.
Division 2. Reserved
Secs. A10-21 –
A10-28. Reserved.
Cross References: Municipal court, TMC 2.110.010 et seq.
Division 1. Generally
Editor’s Note: Sections A10-1 – A10-9 replaced K.S.A. 13-602, which has since been repealed.
Sec. A10-1. Jurisdiction of municipal court.
The municipal court shall have exclusive original jurisdiction to hear and determine all cases for offenses against the ordinances of the city; and to make such other orders as may be necessary for the conservation of the peace. (C.O. 11 § 2, 12-31-67.)
Sec. A10-2. Injunction.
The municipal judge shall have power to issue an injunction. For the purposes of this ordinance, an injunction is an order to do or refrain from doing a particular act. (C.O. 11 § 3, 12-31-67.)
Sec. A10-3. Injunction, complaint, notice and hearing.
Any person desiring injunctive relief as herein provided shall file with the court a verified complaint, setting forth in reasonable detail the act or acts sought to be restrained. Upon receipt of such complaint, the municipal judge shall forthwith cause reasonable notice to be given to the party complained of and an opportunity to be heard. The court shall provide printed forms for such complaints. (C.O. 11 § 4, 12-31-67.)
Sec. A10-4. Form and scope of order.
Every order granting an injunction shall set forth in writing the reasons for its issuance; shall be specific in terms; shall describe in reasonable detail, and not by reference to the complaint, the act or acts sought to be restrained; and shall be binding only upon the officers, agents, servants, employees, and attorneys, and upon those persons in concert or participation with them, who have received actual notice of the order by personal service or otherwise. The order may be issued and served on Sunday or on a legal holiday. (C.O. 11 § 5, 12-31-67.)
Sec. A10-5. Court costs.
Court costs for injunctive relief shall be assessed in the interest of equity and justice. (C.O. 11 § 6, 12-31-67.)
Sec. A10-6. Penalty for disobedience.
Disobedience of any injunction may be punished as a contempt of court. (C.O. 11 § 7, 12-31-67.)
Sec. A10-7. Vacating or modifying.
Any interested party, including a party subsequently acquiring an interest in the subject matter of the injunction, may file a petition in the municipal court to have a judgment of injunction vacated or modified. The petition shall be verified, and shall state that there has been a change of conditions rendering the injunction unnecessary or partially unnecessary and that petitioners interests’ are being adversely affected. The changed conditions shall be stated in reasonable detail. The procedure pertaining to original complaints for injunctions shall be followed. After hearing, the judge may vacate or modify the injunction. (C.O. 11 § 8, 12-31-67.)
Sec. A10-8. Subpoena – Power to issue.
The court shall have power to issue subpoenas to compel the attendance of witnesses or the production of documentary evidence. (C.O. 11 § 9, 12-31-67.)
Sec. A10-9. Subpoena – Form and issuance.
(a) For attendance of witnesses, every subpoena issued by the court shall state the name of the court and the title of the action, and shall command each person to whom it is directed to attend and give testimony at a time and place therein specified.
(b) A subpoena may also command the person to whom it is directed to produce the books, papers, documents, or tangible things designated therein; but the court, upon motion made promptly and in any event at or before the time specified in the subpoena for compliance therewith, may:
(1) Modify the subpoena if it is unreasonable and oppressive; or
(2) Condition denial of the motion upon the advancement by the person in whose behalf the subpoena is issued of the reasonable cost of producing the books, papers, documents or tangible things.
(c) Service. A subpoena may be served within the corporate limits of the city by an officer of the Topeka police department or by such other person as the municipal court judge may designate.
(d) Contempt. Failure by any person without adequate excuse to obey a subpoena served upon him may be deemed a contempt of the court. (C.O. 11 § 10, 12-31-67.)
Sec. A10-10. Municipal judge – Absence – Vacancy – Pro tem.
In the event the municipal judge is temporarily unable to preside due to absence, illness or disqualification, or to assist as may be necessary to keep the court operating in an efficient, current and orderly manner, the municipal judge shall designate an attorney to act as judge pro tempore. In the event the municipal judge fails to appoint a judge pro tempore, the judge pro tempore shall be appointed in the same manner as the municipal judge is selected. The judge pro tempore shall receive compensation as shall be provided by ordinance, payable in the same manner as the compensation of the regular municipal judge.
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. (C.O. 59 § 1, 11-14-82.)
State Law References: K.S.A. 12-4107.
Secs. A10-11 – A10-20. Reserved.
Division 2. Reserved
Secs. A10-21 – A10-28. Reserved.
Editor’s Note: Charter Ordinance 86, § 1, adopted March 20, 2001, repealed the former division 2, §§ A10-21 – A10-28, which pertained to code of procedures and derived from C.O. 29, §§ 2 – 6, adopted Feb. 10, 1974; C.O. 36, §§ 1, 2, adopted Oct. 9, 1976; C.O. 37, § 2, adopted July 23, 1977; C.O. 48, § 2, adopted March 11, 1979; C.O. 67, § 1, adopted May 27, 1985; C.O. 76, § 1, adopted Oct. 8, 1991. Charter Ordinance 86 provided that pursuant to Article 12, § 5 of the Constitution of the State of Kansas, the City of Topeka, Kansas, elects to exempt itself and make inapplicable to it, the provisions of K.S.A. 12-4101 through K.S.A. 12-4602, and amendments thereto, all governing the code of procedure for municipal courts, and elects to provide substitute and additional provisions as hereinafter set forth.