A CHARTER ORDINANCE EXEMPTING THE CITY OF GIRARD, KANSAS, FROM THE PROVISIONS OF K.S.A. 12-4112 AND PROVIDING SUBSTITUTE PROVISIONS THEREFORE REGARDING THE ASSESSMENT OF COURT COSTS IN THE MUNICIPAL COURT OF THE CITY OF GIRARD, KANSAS, AND REPEALING CHARTER ORDINANCE NO. 2004-1.

Be it Ordained by the Governing Body of the City of Girard, Kansas:

Section 1.  The City of Girard, 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 and make inapplicable to it the provisions of K.S.A. 12-41 12 and to make the following substitute provisions therefore.

Section 2.  In each case filed in the Municipal Court of the City of Girard, Kansas in which there is a finding of guilty, a plea of guilty, a plea of no contest, a forfeiture of bond, or a diversion, the Municipal Judge shall assess Court costs in an amount established by Ordinance adopted by the governing body of the City of Girard, Kansas. All Court costs assessed shall be paid by the Judge of the Municipal Court to the City Clerk of Girard, Kansas to be deposited into the General Fund.

Section 3.  Court costs as set forth in Section 2 of this Ordinance shall not be assessed on parking tickets. For the purpose of determining the amount of Court costs to be assessed in accordance with this Ordinance, if more than one Uniform Complaint and Notice to Appear is filed against one individual arising out of the same incident, all such complaints shall be considered as one case for assessment of Court costs. In the event that a Complaint is filed by the City Attorney of Girard, Kansas alleging violations of more than one Ordinance but all such violations arise out of the same incident, all such violations shall be considered as one case for assessment of Court costs.

Section 4.  If any defendant convicted of a violation of an Ordinance of the City of Girard is sentenced to a term of confinement in the County Jail and applies for work release, the Municipal Judge, as a condition of granting work release to the defendants, may assess as costs and require the defendant to pay over to the City Clerk of the City of Girard, Kansas, any and all costs which may be assessed by the County Sheriff against the City of Girard, Kansas, for the costs of confinement, medical care, or any other incidental costs charged to the City of Girard. The Municipal Judge may require that the payment and reimbursement of such costs to the City Clerk of the City of Girard, Kansas, be made by the defendant on a daily, weekly, or monthly basis and is further authorized to make an order requiring the defendant’s employer to make such payments directly to the City Clerk as a condition of the work release order granted to the defendant.

(08-18-2008)