A CHARTER ORDINANCE EXEMPTING THE CITY OF ROSE HILL, KANSAS FORM THE PROVISIONS OF K.S.A. 12-4112 AND AMENDMENTS THERETO; PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT RELATING TO THE CODE FOR MUNICIPAL COURTS.

Section 1. The City of Rose Hill, Kansas, by the power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas and as provided by K.S.A. 79- 5036(a) hereby elects to exempt itself from the provisions of K.S.A. 12-4112 and amendments thereto and provide substitute and additional provisions as hereinafter set forth in this ordinance.

Section 2. Municipal Court Costs.

(a) Costs may be assessed against accused persons for the administration of justice in any municipal court cases where:

(1)   The accused person is found guilty;

(2)   The accused person pleads guilty; or

(3)   The accused person has failed to comply with a traffic citation as set forth by ordinance.

The costs shall be assessed in accordance with the terms contain in section 9-107 of the Code of the City of Rose Hill, Kansas and amendments thereto.

(b)        If it appears to the court that the prosecution was instituted without probable cause and for malicious motives, the court may require the complaining witness or other person instituting the prosecution to appear and answer concerning that person’s 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.

(c)        At the conclusion of each municipal case, the court shall, where applicable, assess the costs against the responsible party.

(2-21-95)