Charter Ordinance No. 199

CHARTER ORDINANCE OF THE CITY OF RAMONA, RELATING TO THE ASSESSSMENT OF COURT COSTS IN CASES HEARD IN THE MUNICIPAL COURT OF THE CITY OF RAMONA; PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT

WHEREAS it is in the interest of the City of Ramona, Kansas, that the City adopt a charter ordinance for Court costs in cases heard in the Municipal Court of the City of Ramona; and

THEREFORE, be it ordained by the governing body of the City of Ramona, Kansas;

Section 1. EXEMPTION FROM STATE STATUTE

The City of Ramona is a city of third class, by virtue of the power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas, does hereby make inapplicable the provisions of K.S.A. 12-4112 and to provide substitute and additional provisions therefore.

Section 2. COSTS TO THE PERSONS JUDGED GUILTY

The following provisions are substituted in lieu of those provided for by K.S.A. 12-4112:

In all Municipal Court cases where the accused person pleads guilty or nolo contendere, or is found guilty, such person(s) shall be assessed costs for the administration of justice in the Municipal Court of the City of Ramona, Kansas, according to the schedule to be established from time-to-time by the governing body of the City, which schedule shall be set forth in a written Resolution of the governing body of this City, adopted by a majority vote of the members thereof.

In addition, the Municipal Judge is authorized and empowered to assess witness fees and mileage permitted pursuant to K.S.A. 12-4112. If the Defendant is unable to pay the court costs as assessed, they shall be and remain a judgment against the Defendant, which may be enforced as a judgment for payment of money in civil cases.

SECTION 3. EFFECTIVE DATE

This is a charter ordinance and shall take effect sixty-one (61) days after final publication unless a sufficient Petition for Referendum is filed as provided in Article 12, Section 5 of the Constitution of the State of Kansas, in which case this ordinance shall become effective only upon approval by the majority of the electors voting at an election held thereon.

Passed and approved by the governing body of the City of Ramona, Kansas, this 9th day of January, 2017.

Signed: Mayor Byron Noeth                Attested by: Jessica Gilbert, Clark
Approved as to form by Brian L. Bina, City Attorney