CHARTER ORDINANCE NO. 2
A CHARTER ORDINANCE EXEMPTING THE CITY OF NEW STRAWN FROM THE PROVISIONS OF K.S.A. 12–4112, AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT AUTHORIZING THE ASSESSMENT OF COURT COSTS FOR CASES HEARD IN THE MUNICIPAL COURT OF THE CITY OF NEW STRAWN.
SECTION 1. The City of New Strawn, a city of the third class, by virtue of the power vested in it by Article 12, Section 5, of the Constitution of the State of Kansas, hereby elects to and does exempt itself from and make inapplicable to it the provisions of K.S.A. 12-41.12, which is not uniformly applicable to all cities, the legislature having made special provisions applying to certain classes of the cities in said enactment.
SECTION 2. In lieu of the provisions of K.S.A. 12-41.12, the Governing Body of the City of New Strawn hereby adopts the following provisions:
Costs. No person shall be assessed costs for the administration of justice in any Municipal Court case, except for cases docketed for Court appearance. In such cases where the accused person pleads Guilty or Nolo Contendere, or is found Guilty, the court costs shall be assessed against the accused person. If the accused person is unable to pay the costs assessed against him, they shall be and remain a judgment against him which may be enforced as a judgment for 1 payment of money in civil cases. Costs shall be in the amount of $10.00 per case, plus mileage, subpoena and witness Costs as provided by law. PROVIDED, that there shall be no court costs assessed against an accused person who pleads Guilty or Nolo Contendere or is found guilty only of an ordinance or section of an ordinance prohibiting or regulating the parking of vehicles. If it appears to the Court that the prosecution was instituted without probable cause and from malicious motives, the Court may require the person initiating the prosecution to appear and answer concerning the motives of such person for instituting the prosecution. If after such hearing the Court determines that the prosecution was instituted without probable cause and from malicious motives, all costs in the case shall be assessed against the complaining witness or other person initiating the prosecution.
SECTION 3. This ordinance shall be published once each week for two consecutive weeks in the official city paper of the City of New Strawn, Kansas.
SECTION 4. This is a Charter Ordinance and shall take effect sixty-one (64) days after final publication, unless a sufficient petition for referendum is filed and a referendum is held on this Ordinance as provided in Article 12, Section 5, Subdivision (c)(3) of the Constitution of the State of Kansas, in which case the Ordinance shall become effective if approved by the majority of the electors voting thereon.