A CHARTER ORDINANCE EXEMPTING THE CITY OF YATES CENTER, KANSAS FROM THE REQUIREMENTS OF K.S.A. 12-4112 AND PROVIDING SUBSTITUTE PROVISIONS FOR SAID STATUTE.

Section 1. The City of Yates Center pursuant to the authority granted it by Article XII of Section V of the Constitution of the State of Kansas hereby elects to exempt itself from the provisions of K.S.A. 12-4112 insofar as said statute allows the municipal court of the City of Yates Center, Kansas to assess the court costs only for certain reasons and pursuant to specific statutes.

Section 2. The following is hereby substituted for the provisions of K.S.A. 12-4112 which allows the municipal court to assess court costs only for witness fees and mileage as set forth in K.S.A. 12-4411 and for the assessments required by K.S.A. 12-4116, to-wit:

(a)   That the governing body of the City of Yates Center, Kansas is hereby authorized pursuant to K.S.A. 12-4116 to assess as court costs for the municipal court of the City of Yates Center, Kansas a sum in an amount not to exceed $1 where there is finding of guilty or plea of guilty, a plea of no contest, forfeiture of bond or a diversion to be assessed for the training, testing and continuing judicial education of municipal judge’s as provided in K.S.A. 12-4114 and amendments thereto. For the purpose of determining the amount to be assessed according to this section, if more than one complaint is filed against one individual arising out of the same incident, all such complaints shall be considered as one case. For the purpose of this section, parking violations shall not be considered as cases.

(b)   That the governing body of the City of Yates Center, Kansas is hereby authorized pursuant to Section 10 of Chapter 315 of the 1992 Session Laws of Kansas to have assessed as court costs in the municipal court of the city a sum in an amount of $5 in each case filed in the municipal court of the City of Yates Center, Kansas charging a criminal or public offense or charging an offense defined to be a moving violation by rules and regulations adopted pursuant to K.S.A. 8-249 and amendments thereto or there is a finding of guilty or a plea of guilty, a plea of no contest, forfeiture of bond or diversion. For the purposes of determining the amount to be assessed according to this section, if more than one complaint is filed in the municipal court of the City of Yates Center, Kansas against one individual arising out of the same incident, all such complaints shall be considered as one case.

(c)   That the governing body of the City of Yates Center, Kansas shall be authorized to provide the charging of court costs in the municipal court of the City of Yates Center, Kansas a sum in addition to the other sums set forth above as may be determined by the governing body of the City of Yates Center, Kansas upon a motion duly made and passed. All such court costs assessed pursuant to this section shall be deposited in the treasury of the City of Yates Center, Kansas.

(d)   That the governing body of the City of Yates Center, Kansas may from time to time upon motion duly made and passed increase or decrease any or all of the court costs provided for above and as may be required by statute.

(11-9-1992)