A CHARTER ORDINANCE EXEMPTING THE CITY OF HAYSVILLE KANSAS, FROM THE PROVISIONS OF K.S.A. 1973 SUPP. 12-4112, AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT, RELATING TO THE CODE OF ROCEDURE FOR MUNICIPAL COURTS.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF HAYSVILLE, KANSAS:

SECTION 1. The City of Haysville, Kansas is a council-mayor city of the second class, by the power vested in it by Article 12, Section 5, of the Constitution of the State of Kansas, hereby elects to exempt itself from, and makes inapplicable to it, the provisions of K.S.A. 1973 Supp. 12-4112, and provide substitute and additional provisions as hereinafter set forth in this ordinance. Such statutory provisions are applicable to this city, but are not applicable uniformly on all cities.

SECTION 2. Costs may be assessed against accused persons for administration of justice in any municipal court case where the accused is found guilty or the accused pleads guilty. The costs should be assessed in accordance with terms contained in any ordinance of the City of Haysville, Kansas, establishing a cost of administration of justice. If it appears to the court that the prosecution was instituted without probable cause and from malicious motives, the court may require the complaining witness or other person instituting the prosecution to appear and answer concerning his 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.

At the conclusion of each municipal court case, the court shall, where applicable, assess the costs against the party responsible for payment and shall cause to be delivered to such responsible party a complete statement of the costs, specifying each item of service and the fee assessed for such service.

(07-26-1976)