ARTICLE 1. GENERAL PROVISIONS

9-101. MUNICIPAL COURT ESTABLISHED.

There is hereby established a municipal court for the City of Tonganoxie, Kansas. The municipal court shall have jurisdiction to hear and determine cases involving violations of the ordinances of the city. (Code 2004)

9-102. SAME; PRACTICE AND PROCEDURE.

The Kansas code of procedure 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 2004)

9-103. TIME AND PLACE OF SESSIONS.

Municipal court shall be held in the municipal courtroom in the city hall building on such days and at such hours as the municipal judge designates. (Code 2004)

9-104. MUNICIPAL JUDGE; APPOINTMENT.

The municipal court shall be presided over by a municipal judge. The mayor, subject to the approval of the city council, shall appoint the judge of the municipal court. (Code 2004)

9-105. SAME; ABSENCE; VACANCY; PRO TEM.

In the event the municipal judge is temporarily unable to preside due to absence, illness or disqualification, the municipal judge shall designate an attorney or other qualified person 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. (K.S.A. 12-4107; Ord. 616, Sec. 1; Code 2004)

9-106. SAME; REMOVAL; QUALIFICATIONS.

(a)    Removal. A majority of the members of the governing body may remove the judge pro tempore; or, for good cause, the mayor may remove the judge pro tempore, with the consent of the governing body.

(b)    Qualifications of Officers. The judge pro tempore elected or appointed under this act may be a resident of the county in which this city is located or a resident of an adjoining county.

(Ord. 616, Secs. 2:3)

9-107. SAME; POWERS AND DUTIES.

The municipal judge and municipal judge pro tem 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. (Ord. 653, Sec. 1; Code 2004)

9-108. SAME; SALARY.

The municipal judge shall receive a salary as shall be fixed by ordinance. (Code 2004)

9-109. COURT CLERK.

There is hereby established the office of the clerk of the municipal court of the City of Tonganoxie, Kansas, which office shall be filled by appointment. The duties of the office shall be those prescribed by the Code for Municipal Courts set forth in Chapter 12, Article 41 of the Kansas Statutes, and shall include the following duties:

(a)    The clerk shall issue all process of the court, administer oaths, file and preserve all papers, docket cases and set same for trial and shall perform such further acts as may be necessary to carry out the duties and responsibilities of the court. The clerk shall receive, account for and pay to the city treasurer monthly all fines and forfeited bonds paid into the court. The clerk shall make reports to the judicial administrator and furnish the information when requested by him, her or a departmental justice on such forms furnished by the judicial administrator, and approved by the supreme court.

(b)    The clerk of the municipal court shall within 10 days after selection and before entering upon the duties of office, execute to the city such bond as the governing body may require, which shall be approved by the governing body, and file in the office of the city clerk, conditioned for the faithful performance of the duties required of him or her by law, and for the faithful application and payment of all moneys that may come into his or her hands in the execution of the duties of the office. The city shall pay the cost of such bond.

(c)    A majority of all members of the council may remove the clerk appointed under the authority of this article, or for good cause the mayor may temporarily suspend any such appointed clerk.

(K.S.A. Supp. 12-4108; Ord. 627, Secs. 1:3; Code 2004)

9-110. PAYMENT OF FINE.

Where a municipal court judgment against any person results in a fine and/or court costs only, the same shall be satisfied by paying the amount of such fine and/or court costs to the municipal court immediately on the rendition of judgment, or at such time as the municipal judge shall determine. (Code 2004)

9-111. SAME; FAILURE TO PAY SEPARATE VIOLATION.

It shall be unlawful for any person to willfully fail to pay any lawfully imposed fine for a violation of any law of the city within the time authorized by the court and without lawful excuse having been presented to the court on or before the date the fine is due. Such conduct constitutes a violation of this article, regardless of the full payment of the fine after such time. (Code 2004)

9-112. FAILURE TO APPEAR.

(a)    It shall be unlawful for any person charged with violation of any law of the city to fail to appear before the municipal court when so scheduled to appear, unless lawful excuse for absence is presented to the court on or before the time and date scheduled for appearance.

(b)    For the purpose of subsection (a), failure to appear shall include willfully incurring a forfeiture of an appearance bond and failure to surrender oneself within 30 days following the date of such forfeiture by one who is charged with a violation of the laws of the city and has been released on bond for appearance before the municipal court for trial or other proceeding prior to conviction, or willfully incurring a forfeiture of an appearance bond and failing to surrender oneself within 30 days after his or her conviction of a violation of the laws of the city has become final by one who has been released on an appearance bond by any court of this state.

(c)    Any person who is released upon his or her own recognizance, without surety, or who fails to appear in response to a summons, notice to appear, or traffic citation duly served upon him or her personally shall be deemed a person released on bond for appearance within the meaning of subsection (b) of this section.

(d)    Failure to appear, upon conviction thereof, shall be punishable by incarceration for up to 30 days and/or a fine of up to $250.

(Code 2004)

9-113. COURT COSTS.

(a)    Every person having been found guilty by the entry of a plea of guilty or no contest or been found guilty by the court of a violation of the ordinances of the city of Tonganoxie shall be assessed costs for the administration of justice in an amount set by ordinance.

(b)    The court costs for each offense designated as an ordinance traffic offense shall be $50. Court costs for any other offense shall be $80. If probation is imposed the defendant shall pay an additional fee of $100 for supervised probation and $25 for unsupervised probation.

(c)    A fee of $25 shall be paid by any defendant for whom fingerprinting is required pursuant to K.S.A. 12-4517.

(d)    The municipal court judge shall assess costs equal to the amount charged by any detention facility to which a defendant is ordered for each day the defendant serves in custody and for which the city of Tonganoxie incurs costs.

(e)    The municipal court judge shall assess all fees imposed by the State of Kansas or the United States as required by statute.

(f)    The municipal court judge may assess additional court costs and fees for service of process, transcripts, for expenses incurred in issuing or serving a warrant, failure of a defendant to pay court costs and fines and failure to appear.

(Ord. 1368)

9-114. BAD DEBT CHARGES.

All bills which are determined to be bad debt and turned over for outside collection, including the State of Kansas set-off program, shall be subject to a fee of 25% of the total of the delinquent amount. This bad debt administrative charge shall be applied prior to referral for collection. (Ord. 1261)