Charter Ordinance No. 122  


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  • A CHARTER ORDINANCE EXEMPTING THE CITY OF WICHITA, KANSAS, FROM THE PROVISIONS OF K.S.A. 12-4112; 12-4203; 12-4410; 12-4411; AND 1988 SUPP. 12-4212, 12-4213, 12-4305, 12-4516; AND AMENDMENTS THERETO; PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT, RELATING TO THE CODE OF PROCEDURE FOR MUNICIPAL COURTS AND REPEALING CHARTER ORDINANCES NO. 98, 118, AND 121 OF THE CODE OF THE CITY OF WICHITA, KANSAS.

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

    SECTION 1. Section 1 of Charter Ordinance No. 122 of the Code of the City of Wichita, Kansas, is hereby amended to read as follows:

    "The City of Wichita, Kansas, a Council-Manager City of the first class, by the power vested in it by Article 12, Section 5, of the Constitution of the State of Kansas, hereby elects to exempt itself from, and makes inapplicable to it the provisions of K.S.A. 12-4112; 12-4203; 12-4410; 12-4411; and 1988 Supp. 12-4212, 12-4213, 12-4305, 12-4516 and 12-4516a; and amendments thereto, and provides substitute and additional provisions as hereinafter set forth in this ordinance. Such referenced provisions are either enactments or a part thereof which are applicable to this city, but are not applicable uniformly to all cities." (Amended by Ch. Ord. No. 217)

    SECTION 2. "Municipal Court Costs. (a) Costs may be assessed against accused persons for the administration of justice in any Municipal Court case where:

    (1) the accused person is found guilty; or

    (2) the accused person pleads guilty; or

    (3) the accused person has failed to comply with a traffic citation as set forth by ordinance.

    The costs shall be assessed in accordance with the terms contained in Section 1.04.070 of the Code of the City of Wichita, Kansas, and amendments thereto.

    (b) If it appears to the court that the prosecution was instituted without probable cause and for malicious motives, the court may require the complaining witness or other person instituting the prosecution to appear and answer concerning that person's motives for instituting the prosecution. If upon 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.

    (c) At the conclusion of each municipal case, the court shall, where applicable, assess the costs against the responsible party."

    SECTION 3. "Law Enforcement Officer's Power to Make an Arrest. A law enforcement officer may arrest a person when:

    (a) The officer has a warrant commanding that such person be arrested; or

    (b) The law enforcement officer has no warrant, but a warrant for the person's arrest has been issued by a municipal court in this state; or

    (c) The officer has probable cause to believe that the person is committing or has committed a violation of an ordinance and that the person has intentionally inflicted bodily harm to another person.

    (d) The law enforcement officer, having no warrant, has detained such person when:

    (1) The officer has probable cause to believe that the person is committed or has committed a violation of a municipal ordinance and that such person will not be apprehended or evidence of the violation of the ordinance will be irretrievably lost unless such person is immediately detained, or such person may cause injury to self or others or damage to property unless immediately detained; or

    (2) any violation of an ordinance has been or is being committed by such person in the officer's view; and any of the following conditions also exist:

    (A) such person refuses to give a written promise to appear in court when served with a notice to appear; or

    (B) such person is unable to provide identification of self to the reasonable satisfaction of the law enforcement officer; or

    (C) such person is not a resident of the State of Kansas; or

    (D) the law enforcement officer has probable cause to believe that such person may cause injury to self or others or may damage property unless immediately arrested.

    (e) Any misdemeanor, except a traffic infraction, has been or is being committed by the person in the officer's view and such misdemeanor has been designated specifically by the Chief of Police, with the approval of the Municipal Judge, as an offense for which an arrest shall be made."

    SECTION 4. (Amended and repealed—See Charter Ordinance No. 199, §§ 3 and 4.)

    SECTION 5. (Amended—See Charter Ordinance No. 170, § 1.)

    SECTION 6. "Schedule of Fines for Violation of Certain Ordinances. (a) The Municipal Judge shall establish a schedule of fines which shall be imposed for municipal ordinance violations that are classified as ordinance traffic infractions. Also the Municipal Judge may establish a schedule of fines which shall be imposed for the violation of certain other ordinances. Such fines shall be imposed upon a voluntary entry of appearance and upon a plea of guilty or no contest to a complaint alleging such violation. Any fine so established shall be within the minimum and maximum allowable fines established by ordinance for such offenses by the governing body. The following traffic violations are specifically excluded from any schedule fines:

    (1) Reckless driving;

    (2) Driving while under the influence of alcohol or drugs;

    (3) Driving on a suspended or revoked license.

    (b) The Municipal Judge may authorize the Clerk of the Municipal Court or some other person to accept such voluntary appearance by mail or in person, plea of guilty or no contest and payment of the fine imposed by the schedule. Payment may be made by mail or in person and may be by personal check. The complaint shall not have been complied with if a check is not honored for any reason, or the fine is not paid in full prior to the time specified in the notice to appear. When a person charged with an ordinance traffic infraction or other ordinance violation on a schedule of fines makes payment by mail without executing a written waiver of right to trial and plea of guilty or no contest, the payment shall be deemed such an appearance, waiver of right to trial and plea of no contest.

    (c) The schedule of fines and persons authorized to accept such pleas shall be conspicuously displayed in the office where such voluntary appearance, plea of guilty and payment of fine occurs.

    (d) Whenever any person has been found guilty of a violation of city ordinance upon a verdict or plea, the court may suspend the imposition of the sentence, but in no event shall the total period of suspension of sentence exceed the maximum term provided by ordinance for the violation."

    SECTION 7. "Procedure for Discovery. The code of criminal procedure shall govern, insofar as applicable, the procedure for discovery. Depositions shall not be taken or used except by written agreement of both parties filed with the court or by order of the court and subject to the code of criminal procedure, insofar as applicable."

    SECTION 8.  Court Costs and Establishing Court Costs for Post Conviction Motions.

    (a) All parties shall be entitled to the use of subpoenas to compel attendance of witnesses within the state. The municipal court judge or clerk or any person so authorized by the judge's written authorization shall issue a subpoena which may be served by a law enforcement officer upon the named persons. Disobedience may constitute contempt.

    (b) Fees and mileage of subpoenaed witnesses shall be assessed in the amount set forth in Section 1.04.070 of the Code of the City of Wichita, Kansas, and amendments thereto. The fees and mileage for the attendance of witnesses shall be assessed as costs; provided, the municipal judge, may direct that fees and mileage of witnesses subpoenaed by the accused person be charged against such person if the judge finds that there has been abuse of the use of subpoenas by the accused person.

    (c) Whenever any motions or applications for the post conviction remedies are filed, the cost for filing such motion or application shall be assessed in the amount set forth in Section 1.04.070 of the Code of the City of Wichita and, amendments thereto. The cost shall be paid by the person filing such motion or application. Provided however, that if it be shown to the Court that the person filing such motion or application is indigent, the Court may, in it's discretion, waive the costs provided for herein and the Court shall make a finding of indigency and shall note upon the motion, application or order resulting therefrom that the costs referred to herein have been waived (Amended and repealed—See Charter Ordinance No. 168, § 10; Amended by Charter Ordinance 210, § 1)

    SECTION 9. (Amended and repealed—See Charter Ordinance No. 175, § 1.)

    SECTION 10. The originals of Charter Ordinances No. 98, 118, and 121 are hereby repealed.

    SECTION 11. This ordinance shall be published once each week for two consecutive weeks in the official City newspaper.

    SECTION 12. This is a Charter Ordinance and shall take effect sixty-one (61) days after final publication, unless a sufficient petition for a referendum is filed requiring a referendum to be held on the ordinance as provided in Article 12, section 5, subsection (c)(3) of the Constitution of the State of Kansas in which case the ordinance shall become effective if approved by a majority of the electors voting thereon.

    SECTION 13. (Added—See Charter Ordinance No. 175, § 2.)

    PASSED BY THE GOVERNING BODY, not less than two-thirds of the members elect voting in favor thereof, this 9th day January of 1990.

    BOB KNIGHT
    Mayor

    ATTEST: (Seal)

    JOHN MOIR
    Director of Finance/City Clerk