A CHARTER ORDINANCE EXEMPTING THE CITY OF BALDWIN CITY, KANSAS, FROM THE PROVISIONS OF K.S.A. 12-4112 RELATING TO THE ASSESSMENT OF COURT COSTS IN MUNICIPAL COURT; PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT; AND REPEALING CHARTER ORDINANCE NO. 18.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BALDWIN CITY, KANSAS:
Section 1: The City of Baldwin City by virtue of the power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas hereby elects to and does exempt itself and make inapplicable to it K.S.A. 12-4112, and amendments thereto, which applies to this city, but is part of an enactment which does not apply uniformly to all cities.
Section 2: Court costs may be assessed against accused persons for the administration of justice in any municipal court case where the accused person pleads guilty or nolo contendre or is found guilty. Costs shall be determined by the Governing Body and established by means of regular city ordinance codified in Chapter IX of the Code of the City of Baldwin City, Kansas. In addition thereto, the municipal judge may assess witness fees and mileage as set forth in K.S.A. 12-4411.
Section 3: If it appears to the municipal court that prosecution was instituted without probable cause and from malicious motives, the court may require the complaining witness or other person instituting the prosecution to appeal and answer concerning his or her 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.
Section 4: Charter Ordinance No. 18 is hereby repealed.