A CHARTER ORDINANCE EXEMPTING THE CITY OF PAOLA, KANSAS, FROM THE PROVISIONS OF K.S.A. 12-4112, PROHIBITING THE ASSESSMENT OF COURT COSTS IN PAOLA MUNICIPAL COURT, PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS OF THE SAME SUBJECT, DESIGNATING THE COURT COSTS, WARRANT FEES AND ASSESSMENTS FOR THE PAOLA MUNICIPAL COURT, AND REPEALING CHARTER ORDINANCE 15 AND AMENDING SECTION 115.010 OF THE MUNICIPAL CODE OF THE CITY OF PAOLA, AND REPEALING ALL OTHER ORDINANCES, OR PARTS OF ORDINANCES, IN CONFLICT HEREWITH.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF PAOLA, KANSAS:

Section 115.010 of the Municipal Code of the City of Paola shall be amended and shall read as follows:

SECTION 1. 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 the provision in K.S.A. 12-4112 prohibiting the assessment of court costs in Paola Municipal Court, which statute is not uniformly applicable to all cities, and hereby elects to provide substitute and additional provisions, as hereinafter recited.

SECTION 2. COURT COSTS. In each case filed in the Municipal Court charging a criminal or public offense or charging a violation of the Standard Traffic Ordinance for Kansas Cities adopted by the City of Paola and amendments thereto, where there is a finding of guilty, a plea of guilty, a plea of no contest, forfeiture of bond or a diversion, a sum in the amount of $60.00 shall be assessed to the defendant as court costs plus any additional assessments as provided for in K.S.A. 12-4112 and any amendments thereto or by order of the Kansas Supreme Court.

SECTION 3. WARRANT FEES. 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 4. The court costs and warrant fees provided for in this section shall be in addition to the fine imposed.

SECTION 5. 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.

SECTION 6. Charter Ordinance No.15 and all ordinances or parts of ordinances in conflict herewith are hereby repealed.

(07-12-2005; Repealed by C.O. No. 21)