A CHARTER ORDINANCE EXEMPTING THE CITY OF LAKE QUIVIRA, KANSAS FROM K.S.A. 12-4112, ENTITLED “COSTS”, AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT BY AUTHORIZING THE ASSESSMENT OF COSTS IN THE MUNICIPAL COURT OF SAID CITY.

SECTION ONE. The City of Lake Quivira, Kansas, 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, which provisions apply to said City, but which do not apply uniformly to all cities, and hereby provides substitute and additional provisions on the same subject as hereinafter provided.

SECTION TWO: No persons shall be assessed costs for the administration of justice in any municipal court case, except for cases docketed for court appearance. In such cases where the accused person is found guilty, the court costs shall be assessed against the accused person. If the accused person is unable to pay the costs assessed against him, they shall be and remain a judgment against him which may be enforced as judgments for payment of money in civil cases. It shall be the duty of the clerk of the court to issue execution for unpaid fines and costs at least once each year.

If it appears to the court that the prosecution was instituted without probable cause and from malicious motives, the court may require the complaining witness or other person instituting the prosecution to appear and answer concerning his 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. At the conclusion of each municipal court case, the court shall, where applicable, assess the costs against the party responsible for payment and shall cause to be delivered to such responsible party a complete statement of the costs, specifying each item of service and the fee assessed for such service.

Costs shall be in the amount of Ten and no/100 Dollars ($10.00) per case, plus mileage, subpoena and witness costs for the defense witnesses authorized by statute.

(04-06-1992; Superseded by C.O. No. 20)