Ord 667 – Municipal court costs

ORDINANCE NUMBER 667

AN ORDINANCE OF THE CITY OF TROY, KANSAS, ENACTED IN ACCORDANCE WITH CHARTER ORDINANCE NUMBER 2011-1 OF SAID CITY, PROVIDING FOR THE ASSESSMENT OF COURT COSTS IN CASES HEARD IN THE MUNICIPAL COURT OF THE CITY OF TROY, KANSAS, AND REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH.

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

SECTION ONE: In accordance with Charter Ordinance Number 2011-1 of the City of Troy, Kansas costs for the administration of justice in the municipal court of the City of Troy, Kansas shall be assessed by the municipal judge, when pronouncing sentence pursuant to the provisions of K.S.A. 12-4509, as the same may be amended from time to time, or upon forfeiture of bond, as follows:

A. Costs, in the form of a docket fee, shall be assessed to the defendant in each case filed in municipal court where there is a finding or plea of guilty, plea of no contest, forfeiture of bond, or diversion, as follows:

1. For violations of the Uniform Public Offense Code (City of Troy,Kansas Ordinance No. 658 ) and additional violations as set forth in said Ordinance No. 658, as the same may be amended from time to time, the sum of Eighty Dollars and Fifty Cents ($80.50).

2. For all other city ordinance violations (including traffic infractions and parking violations), set forth in subsection 3 herein, the sum of Forty Dollars and Fifty Cents ($40.50).

3. Notwithstanding the provisions of subsection 2 hereof, no costs shall be assessed for parking violations which are disposed of without trial or contested hearing.

4. Said costs shall be in addition to any mileage and witness fees under K.S.A. 12-4411 and amendments thereto and in addition to any assessments required by the State of Kansas including, but not limited to, those for education, training, or testing of municipal judges and local law enforcement training. It is the intention of this ordinance to establish the total docket fee for violations of Ordinance No. 658, as the same may be amended from time to time, including city and state assessments, at $100.00, and at $60.00 for violations of all other city ordinances. In the event the amount of assessments by the State ofKansas are modified, the total docket fee shall be adjusted by the municipal court judge to reflect such.

5. The costs hereby assessed for the purpose of covering a portion of the costs incurred by the city in connection with administration of its municipal court.

B. The assessment of costs as provided in this ordinance may be suspended by the municipal judge in any individual case whenever it would be in the interests of justice to do so.

C. Any costs assessed pursuant to the provisions of this ordinance shall constitute a judgment which may be enforced as a money judgment in civil cases or as otherwise provided by law.

SECTION TWO: All other ordinances or parts of ordinances of the City of Troy, Kansas in conflict herewith, are hereby repealed.

SECTION THREE: This ordinance shall take effect and be in force from and after its publication in the official city newspaper.

Passed by the Governing Body and approved by the Mayor of the City of Troy, this 21st day of June, 2011.

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Robert Jenkins, Mayor

ATTEST:
 
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Jane M. Boeh, City Clerk