CHAPTER IX. MUNICIPAL COURTCHAPTER IX. MUNICIPAL COURT\ARTICLE 1. GENERAL PROVISIONS

There is hereby established a municipal court for the City of Chapman, Kansas. The municipal court shall have jurisdiction to hear and determine cases involving violations of the ordinances of the city.

(Code 1961, 10-101; Code 1987)

The Kansas code of procedure for municipal courts, as set forth in K.S.A. 12-4101 et seq. and all acts amendatory or supplemental thereto shall govern the practice and procedure in all cases in the municipal court.

(Code 1987)

Municipal court shall be held in the municipal courtroom in the city hall building on such days and at such hours as the municipal judge designates.

(Code 1961, 10-104; Code 1987)

The municipal court shall be presided over by a municipal judge. The mayor, subject to the approval of the city council, shall appoint the judge of the municipal court.

(Code 1987)

In the event the municipal judge is temporarily unable to preside due to absence, illness or disqualification, the municipal judge shall designate an attorney or other qualified person to act as judge pro tem pore. In the event the municipal judge fails to appoint a judge pro tem pore, the judge pro tempore shall be appointed in the same manner as the municipal judge is selected. The judge pro tem pore shall receive compensation as shall be provided by ordinance, payable in the same manner as the compensation of the regular municipal judge.

In the event a vacancy shall occur in the office of municipal judge, a successor shall be appointed to fill the unexpired term in the same manner as the municipal judge was appointed.

(K.S.A. 12-4107; Code 1987)

The municipal judge shall have such powers and duties as set forth in the Kansas code of procedure for municipal courts (K.S.A. 12-4101 seq.) and all acts amendatory or supplemental thereto.

(Code 1987)

The municipal judge shall receive a salary as shall be fixed by ordinance.

(Code 1987)

W here a municipal court judgment against any person results in a fine and/or court costs only, the same shall be satisfied by paying the amount of such fine and/or court costs to the municipal court immediately on the rendition of judgment, or at such time as the municipal judge shall determine.

(Code 1987)

It shall be unlawful for any person to willfully f ail to pay any lawfully imposed fine for a violation of any law of the city within the time authorized by the court and without lawful excuse having been presented to the court on or before the date the fine is due. Such conduct constitutes a violation of this article, regardless of the full payment of the fine after such time.

(Code 1987)

(a)   It shall be unlawful for any person charged with violation of any law of the city to fail to appear before the municipal court when so scheduled to appear, unless lawful excuse for absence is presented to the court on or before the time and date scheduled for appearance.

(b)   For the purpose of subsection (a), failure to appear shall include willfully incurring a forfeiture of an appearance bond and failure to surrender oneself within 30 days following the date of such forfeiture by one who is charged with a violation of the laws of the city and has been released on bond for appearance before the municipal court for trial or other proceeding prior to conviction, or willfully incurring a forfeiture of an appearance bond and failing to surrender oneself within 30 days after his or her conviction of a violation of the laws of the city has become final by one who has been released on an appearance bond by any court of this state.

(c)   Any person who is released upon his or her own recognizance, without surety, or who fails to appear in response to a summons, notice to appear, or traffic citation duly served upon him or her personally shall be deemed a person released on bond for appearance within the meaning of subsection (b) of this section.

(d)   Failure to appear, upon conviction thereof, shall be punishable by incarceration for up to 30 days and/or a fine of up to $250.

(Code 1987)

(a)   The Chapman Municipal Court shall assess the following court costs in cases in the Municipal Court:

(1)   Ninety-Five Dollars ($95.00) in any case involving a violation of the Standard Traffic Ordinance, Uniform Public Offense Code, State Statute, or any other municipal ordinance, unless specifically exempted from court costs in the ordinance or statute itself.

(b)   The Chapman Municipal Court shall assess the following Incarceration Fee in addition to court costs in cases in the Municipal Court and:

(1)   Such Incarceration Fee shall be Fifteen Dollars ($15.00) in any case for which court costs are required pursuant to subsection (a) above.

(2)   The Court Clerk shall deposit incarceration fees into a line item city account established for such fees and known as the Incarceration Fee Fund.

(3)   Incarceration fees shall be used for reimbursement of other agencies for incarcerating City of Chapman prisoners incarcerated pursuant to orders of the municipal court or held pending bond on a misdemeanor municipal court case.

(4)   Such fees may be transferred to the general fund on an annual basis upon a finding by the governing body that, subsequent to any annual transfer, the Incarceration Fee Fund retains sufficient funds to cover expected incarceration costs for the coming year.

(5)   The Incarceration Fee Fund shall not be used for incarceration pursuant to any matter which involves a felony charge or for which the Chapman Municipal Court does not otherwise have jurisdiction.

(C.O. No. 841; Ord. 867; C.O. No. 917; Ord. 942; Ord. 982)