A CHARTER ORDINANCE EXEMPTING THE CITY OF PAOLA, KANSAS FROM THE PROVISIONS OF K.S.A. 12-4112, PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS OF THE SAME SUBJECT, DESIGNATING NO COURT COSTS, BUT ASSESSMENTS FOR WARRANT FEES, IMPRISONMENT FEES, AND MEDICAL REIMBURSEMENT UPON IMPRISONMENT BY THE CITY OF PAOLA MUNICIPAL COURT, AND AMENDING ORDINANCE NO. 13-701 AND SECTION 115.010 OF THE MUNICIPAL CODE OF THE CITY OF PAOLA, AND REPEALING CHARTER ORDINANCE NO. 13 AND ALL OTHER ORDINANCES, OR PARTS OF ORDINANCES, IN CONFLICT HEREWITH.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF PAOLA, KANSAS:
Ordinance No.
13-701 and Section 115.010 of the Municipal Code of the City of Paola shall be
amended as follows:
SECTION ONE: That
the City of Paola, Kansas, a Mayor-Council-Manager City, being a city of the
second class, by the power vested in it and conferred upon it by Article 12,
Section 5 of the Constitution of the State of Kansas, hereby elects to and does
exempt itself from and makes inapplicable to it K.S.A. 12-4112, which statute
is not uniformly applicable to all cities, and hereby elects to provide
substitute and additional provisions as herein recited.
SECTION TWO: Court
Costs. No court costs shall be charged in the Municipal Court of the City of
Paola, Kansas. Court costs shall be defined as those costs assessed upon entering
a plea of guilty or no contest or found guilty of a violation of the Ordinances
of the City of Paola. Said costs have been considered when establishing the
standard fine.
SECTION THREE:
Warrant Fees. That in the event a warrant is issued by the Municipal Judge in
the Municipal Court of the City of Paola, Kansas, the Municipal Judge is hereby
empowered to charge a fee of $50.00 if the defendant surrenders on the warrant
or the warrant is set aside. In the event that the warrant is served by a law
enforcement officer, the Municipal Judge is hereby empowered to assess a
$100.00 fee to the defendant.
SECTION FOUR:
Imprisonment Fee. The Municipal Judge is hereby empowered to assess a daily fee
to the defendant for the defendant’s imprisonment in the county jail, or other
facility. if said imprisonment is ordered by the Municipal Judge of the City of
Paola.
SECTION FIVE: Medical
Reimbursement. In the event a defendant is imprisoned or incarcerated and
incurs or causes to incur medical fees while incarcerated by the Municipal
Court of the City of Paola, the Municipal Judge is hereby empowered to assess
those costs, fees or expenses to the defendant whatever amount it may be.
SECTION SIX. That
in any case of extreme hardship, the Municipal Judge is hereby empowered to
waive warrant fees, jail/imprisonment fees, and/or medical expenses, or to
permit the payment of the same by installments, or community service at the
rate of $5.00 per hour.
SECTION SEVEN.
That Charter Ordinance No. 13 and all ordinances or parts of ordinances in
conflict herewith are hereby repealed.
(07-10-2001; Repealed by C.O. No. 18)