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CITY OF HUGOTON Home City Council Minutes City Codes Contact Us
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CHAPTER IX. MUNICIPAL COURT
Article 1. Municipal
Court
Article 2. Appearance
Bonds
Article 3. Housing Fee
________________________
ARTICLE 1. MUNICIPAL COURT
NOTE: The Kansas code of
procedure for municipal courts is found in K.S.A. 12-4101 through 12-4701,
inclusive, and amendments thereto.
This code of procedure is self-executing and requires no action by the city to
become applicable to the city. The
only means by which a city can alter any procedure established in the code
adopted by the legislature is through the use of a charter ordinance.
9-101.
COURT ESTABLISHED. A municipal court
of the City of Hugoton, Kansas is hereby created and established to be presided
over by a municipal judge.
9-102.
CODE
OF PROCEDURE. The provisions of the
Kansas Code of Procedure for Municipal Courts, being Chapter 12, Articles 41 to
46, inclusive, Kansas Statutes Annotated, are by this reference incorporated
into and made a part of this article, as if the same had been set out in full
herein.
9-103.
PLACE; TIME. The municipal judge
shall hold court in a room to be supplied by the city and said court shall be
held on each Thursday, except as the business thereof may require.
(Code 1971)
9-104.
EMPLOYMENT OF PRISONERS. (a)
The chief of police, under the direction of the governing body, may cause
any able-bodied prisoner confined in the city jail after being convicted of a
violation of an ordinance of the city to work at suitable public employment for
not to exceed eight hours on each working day.
(b) A person so employed shall be
given credit at the rate of $5 a day on any fine imposed upon him or her.
(K.S.A. 22-4603; Code 1971)
9-105.
REPORT OF MUNICIPAL JUDGE. The
municipal judge shall, at the first regular meeting of the governing body of
each month, make a full and complete written report of the proceedings before
the judge for the preceding month.
The report shall state the names of all persons prosecuted before the judge, the
amount of the fine and costs assessed (if any), the amount thereof collected,
and the final disposition of the case.
The report shall be filed with the city clerk who shall present the same
to the governing body. (Code 1971)
ARTICLE 2. APPEARANCE BONDS
9-201.
BOND
AUTHORIZED. Any person arrested for
the violation of any city ordinance may post an appearance bond as provided by
K.S.A. 12-4213. (Code 1971; Code
1983)
9-202.
SAME: AMOUNTS.
Appearance bonds for the following designated offenses with Standard
Traffic Ordinance and Uniform Public Offense Code references may be secured as
provided in K.S.A. 12-4301 and are hereby designated as follows:
STO
SECTION
OFFENSE
MINIMUM/MAXIMUM
6
Failure to Obey a Traffic Officer
$50
18
Defacing Traffic Control Device
$50/500
23
Failure to Stop at an Injury Accident
$300/2,500
24
Failure to Stop at a Property Damage Accident
$100/500
25
Duty to Give Information and Render Aid
$100/500
26
Duty Upon Striking Unattended Vehicle or Property
$50
27
Duty to Report Accident
$50
28
False Reports
$100
29
Reckless Driving
$100/500
30
DUI – 1st Offense
$500/1000
30
DUI – 2nd Offense
$1,000/1,500
31
Fleeing or Attempting to Elude LEO
$150/1,000
31
Fleeing or Attempting to Elude LEO – 2nd
$200/2,500
37
Drag Racing
$100/500
74
Pedestrian Under Influence of Alcohol/Drugs
$50
104
Inattentive Driving
$50
105
Consumption of Alcohol/CMB While Driving
$100/500
106
Transportation of Open Container of Alcohol
$100/200
125 Driving
Across Lawn, Sidewalks, etc.
$50
177
Obstructed Windshield $50
192 No
Driver’s License
$100/1,000
192 No
Driver’s License – 2nd $150/1,000
194 Driving
While Suspended/Cancelled/Revoked $300/1,000
194 Driving
While Suspended/Cancelled/Revoked
- 2nd $400/2,500
195 Driving
in Violation of Restrictions
$50/250
195 Driving
in Violation of Restrictions – 2nd $100/500
196
Unauthorized Operator
$50
197
Unauthorized Minor
$50
198 Vehicle
Registration Violation
$50/2,500
199 Unlawful
Use of License
$50/1,000
200 No
Liability Insurance
$200/500
UPOC
Section
Class Offense
Minimum/Maximum
3.1
B
Battery
$200/500
3.1.1
A Domestic
Battery
$200/2,500
3.1.1
A Domestic
Battery – 2nd Offense
$500/2,500
3.2
A Battery on Law
Enforcement Officer
$500/2,500
3.3
C Assault
$100/500
3.4
A Assault on Law
Enforcement Officer
$500/2,500
3.8.1
A Violation of
Protective Order
$200/2,500
5.8
C Minor in Possession
of Alcohol
$200/500
6.1
A Theft
$500/2,500
6.7
B Criminal
Trespass
$200/500
7.2
A Obstructing
Legal Process
$500/2,500
9.1
C Disorderly Conduct
$100/500
9.10
A Harassment by
Telecommunications Device
$500/2,500
10.5
B Discharge of
Firearm
$200/500
(Ord. 784)
For “Careless Driving,” 14-208, the appearance bond shall be $50.
(Ord. 572)
9-203.
SAME: ADDITIONAL OFFENSES.
Bonds for other offenses shall be in such an amount as may be determined
by the municipal judge. (K.S.A.
12-4301; Code 1983)
9-204.
MUNICIPAL JUDGE KEEP RECORD; APPEARANCE BONDS.
The municipal judge shall keep a record of all appearance bonds received
and the disposition thereof. All
appearance bonds declared forfeited including the portion constituting court
costs, shall be paid by the municipal judge to the city clerk.
The city clerk shall give a receipt therefor and credit the same to the
general fund of the city. The
municipal judge shall file all such receipts n the appearance bond record in
his or her office. (Code 1971)
ARTICLE 3.
HOUSING FEE
9-301.
HOUSING FEE CREATED. A
Housing Fee for housing, transfer, and medical care of each inmate, consisting
of the amount actually paid by the City to the Stevens County Jail, other
facility, or medical provider, shall be and hereby is assessed against every
inmate housed for violation of the City’s Municipal Code or at the direction of
the Municipal Court, for each day prior to and after conviction for a violation
of the Municipal Code. (Ord. 769, Sec. 1)
9-302.
SENTENCING. At the time of
sentencing, the Municipal Court shall impose the Housing Fee and notify the
defendant/inmate of the amount of such Housing Fee, if known at that time.
If not paid in full at the time of sentencing, such Housing Fee shall be
included in a single payment plan, along with the payment of costs
and fines to the Court. Any
restitution, court costs, or fines owed by any inmate shall take priority over
this Housing Fee, however.
(Ord. 769, Sec. 2)
9-303
UNDUE HARDSHIP. If the inmate
alleges the Housing Fee would create an undue hardship on the inmate, the inmate
may, by motion to the Municipal Court, request that such Housing Fee be waived
and/or reduced. The Court shall
weigh the evidence to determine, in its discretion, whether such Housing Fee
will, in fact, create an undue hardship on the inmate.
If the Court determines the Housing Fee will create an undue hardship,
the Court may waive or reduce the Housing Fee.
(Ord. 769, Sec. 3)
9-304.
REMEDY. If the inmate fails
to pay such Housing Fee, the City may utilize all remedies available to the
Court to collect the amount due should the inmate fail or refuse to make the
promised payments under a Municipal Court-ordered payment plan.
(Ord. 769, Sec. 4)
9-305.
METHODS OF PAYMENT. The
inmate shall pay the Housing Fee charged pursuant to this legislation, by cash,
check or money order. Any Housing
Fees paid by the inmate, shall be paid to the Municipal Court Clerk, who shall
forward the entire amount to the City Clerk for deposit in the City general
fund.
(Ord. 769, Sec. 5)
9-306.
OTHER REIMBURSEMENT. If the
City is otherwise entitled to receive reimbursement or compensation for the
maintenance of an inmate who is required to pay Housing Costs, and such
reimbursement or compensation constitutes the entirety of the costs of
maintaining such inmate the amount paid by such inmate shall be deducted from
the amount of the other reimbursement or compensation to which the City is
entitled.
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