Charter Ordinance No. 220


Latest version.
  • A CHARTER ORDINANCE AMENDING SECTION 1 OF CHARTER ORDINANCE NO. 164, AMENDING SECTION 1 OF CHARTER ORDINANCE 218, AMENDING SECTION 1 OF CHARTER ORDINANCE NO 202, RELATING TO MUNCIPAL COURT PROCEDURES, AND REPEALING THE ORIGINAL OF SECTION 1 OF CHARTER ORDINANCE NO. 164, REPEALING CHARTER ORDINANCE 218 IN ITS ENTIRETY, REPEALING SECTIONS 1, 4, 5, 6, and 7 OF CHARTER ORDINANCE NO. 168, AND REPEALING SECTIONS 1, 3, 4, 5, and 6 OF CHARTER ORDINANCE NO. 202

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

    SECTION 1. Section 1 of Charter Ordinance No. 164 of the Code of the City of Wichita, Kansas, is hereby amended to read as follows:

    The City of Wichita, Kansas, 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. 12-4509 and 12-4511, and to provide 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 not applicable uniformly to all cities.

    SECTION 2. Section 1 of Charter Ordinance No. 218 of the Code of the City of Wichita, Kansas, is hereby amended to read as follows:

    "(a) Whenever a person is found guilty of the violation of an ordinance, the municipal judge may, unless otherwise required by law to impose a mandatory, minimum sentence or fine, imprisonment, or both; (1) release the person without imposition of sentence; (2) release the person on probation after the imposition of sentence, without imprisonment or the payment of a fine or a portion thereof, subject to conditions imposed by the court; (3) impose a sentence of house arrest as provided for in K.S.A. 21-6609 and amendments thereto; or (4) impose such sentence of fine, imprisonment or both, as may be authorized for the ordinance violation.

    (b) Whenever a person is found guilty of the violation of an ordinance and there is evidence that the act constituting the violation of the ordinance was substantially related to the possession, use or ingestion of a cereal malt beverage or an alcoholic beverage by such person, the judge may, in addition to the disposition authorized by subsection (a), order such person to attend and satisfactorily complete an alcohol or drug education or training program certified by the Administrative Judge or licensed by the Secretary of Social and Rehabilitation Services.

    (c) Except as provided in subsection (d), in addition to or in lieu of any other sentence authorized by law, whenever a person is convicted of having violated, while under 21 years of age, Section 4.04.017, 4.04.040, 11.38.158 or Chapter 5.26 of the Code of the City of Wichita, and amendments thereto, the municipal judge shall order such person to submit to and complete an alcohol and drug evaluation by a community-based alcohol and drug safety action program certified pursuant to K.S.A. 8-1008, and amendments thereto, and to pay a fee not to exceed the fee established by that statute for such evaluation. If the judge finds that the person is indigent, the fee may be waived.

    (d) If the person is 18 or more years of age, but less than 21 years of age and is convicted of a violation of Section 4.04.017, and amendments thereto, involving cereal malt beverage, the provisions of subsection (c) are permissive and not mandatory;

    (e) In addition to any other sentence authorized by law, whenever a person is convicted of any criminal offense, the municipal judge shall determine whether the defendant committed a domestic violence offense, as defined by Section 1.06.010. If the judge determines that the defendant has committed a domestic violence offense, the court shall place a domestic violence designation on the criminal case and shall sentence the defendant, in addition to any conditions set forth in paragraph (f) below, to undergo a domestic violence offender assessment conducted by a certified batterer intervention program and follow all recommendations made by such program unless otherwise ordered by the court. The court may order a domestic violence offender assessment prior to sentencing if the assessment or evaluation would assist the court in determining an appropriate sentence. The entity completing the assessment or evaluation shall provide the assessment or evaluation and recommendations to the court and the court shall provide the domestic violence offender assessment to any entity responsible for supervising such defendant. A defendant ordered to undergo a domestic violence offender assessment shall be required to pay for the assessment and, unless otherwise ordered by the court, for completion of all recommendations.

    The court shall not place a domestic violence designation on the criminal case and the defendant shall not be subject to the provisions of this section only if the court finds on the record that:

    (1) the defendant has not previously committed a domestic violence offense or participated in a diversion upon a complaint alleging a domestic violence offense and

    (2) the domestic violence offense was not used to coerce, control, punish, intimidate or take revenge against a person with whom the offender is involved or has been involved in a dating relationship or against a family or household member.

    (f) The court may impose any conditions of probation or suspension of sentence that the court deems proper, including, but not limited to, requiring that the defendant:

    (1) Avoid such injurious and vicious habits, as directed by the court or the probation officer;

    (2) avoid such persons or places of disreputable or harmful character, as directed by the court or the probation officer;

    (3) report to the probation office as directed;

    (4) permit the probation officer to visit the defendant at home or elsewhere;

    (5) work faithfully at suitable employment insofar as possible;

    (6) remain within the state unless the court grants permission to leave;

    (7) pay a fine or costs, applicable to the ordinance violation, in one or several sums and in the manner as directed by the court;

    (8) support the defendant's dependents;

    (9) reside in a residential facility located in the community and participate in educational counseling, work and other correctional or rehabilitative programs;

    (10) perform community or public service work for local governmental agencies, private corporations organized not for profit, or charitable or social service organizations performing services for the community;

    (11) perform services under a system of day fines whereby the defendant is required to satisfy fines, costs or reparation or restitution obligations by performing services for a period of days determined by the court on the basis of ability to pay, standard of living, support obligations and other factors;

    (12) make reparation or restitution to the aggrieved party for the damage or loss caused by the defendant's crime, in an amount and manner determined by the court and to the person specified by the court; or

    (13) reimburse the city, in accordance with any order made under subsection (d), for all or part of the reasonable expenditures by the city to provide counsel and other defense services to the defendant.

    (g) In addition to or in lieu of any other sentence authorized by law, whenever a person is found guilty of the violation of an ordinance the judge may order such person to reimburse the city for all or a part of the reasonable expenditures by the city to provide counsel and other defense services to the defendant. In determining the amount and method of payment of such sum, the court shall take account of the services provided, the financial resources of the defendant and the nature of the burden that payment of such sum will impose. A defendant who has been required to pay such sum and who is not willfully in default in the payment thereof may at any time petition the court which sentenced the defendant to waive payment of such sum or any unpaid portion thereof. If it appears to the satisfaction of the court that payment of the amount due will impose manifest hardship on the defendant or the defendant's immediate family, the court may waive payment of all or part of the amount due or modify the method of payment."

    SECTION 3. Section 1 of Charter Ordinance No. 202 is hereby amended to read as follows:

    The provisions of the following Kansas Statutes, as presently enacted and as may be hereinafter amended, are incorporated herein by reference as if the same had been set out in full: K.S.A. 12-4106, 12-4113, 12-4204, 12-4209, 12-4301, 12-4302, 12-4303, 12-4402, 12-4407, 12-4409, 12-4501, 12-4502, 12-4503, 12-4504, 12-4508, 12-4510, 12-4512, and 12-4513.

    SECTION 4. The original of Section 1 of Charter Ordinance No. 164 of the Code of the City of Wichita, Kansas, are hereby repealed.

    SECTION 5. The original of Charter Ordinance 218 is hereby repealed in its entirety.

    SECTION 6. The original of Sections 1, 4, 5, 6, and 7 of Charter Ordinance No. 168 are hereby repealed.

    SECTION 7. The original of Sections 1, 3, 4, 5, and 6 of Charter Ordinance No. 202 are hereby repealed.

    SECTION 8. This ordinance shall be published once a week for two consecutive weeks in the official city newspaper.

    SECTION 9. 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 and a referendum held on the ordinance as provided in Article 12, Section 5, Subdivision (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.

    PASSED BY THE GOVERNING BODY, not less than two-thirds of the members elect voting in favor thereof, this 25th day of June, 2013.

    Carl Brewer, Mayor

    ATTEST:

    Karen Sublett, City Clerk

    Approved as to Form:

    Gary E. Rebenstorf, City Attorney