Article 2. Municipal Court Fines, Costs and Fees.
5.2.1. Schedule of fines.
The Municipal Judge may establish a schedule of fines which shall be imposed for the violation of certain Code sections upon a voluntary entry of appearance and upon a plea of guilty or nolo contendere to a complaint alleging such violation. The following traffic violations are specifically excluded from such schedule:
A. Driving under the influence of intoxicating liquor or drugs;
B. Reckless driving;
C. Driving without a valid license, or on a suspended or revoked license;
D. Leaving the scene of an injury accident;
E. Attempting to evade or elude a police officer;
F. A second moving violation within the previous twelve-month period.
(Ord.137)
5.2.2. Court costs.
Pursuant to the authority granted by and through Charter Ordinance No. 6, whenever any person is convicted of a violation of any provision(s) of the Municipal Code of the City of Bel Aire, other than a nonmoving traffic violation, the offender shall be assessed costs for the administration of their case in Municipal Court. The Governing Body shall establish such cost within the City of Bel Aire Schedule of Service, License and Permit Fees. This cost shall include a $3.00 assessment for the purpose of paying for the fees of court appointed attorneys in those cases in which the defendant is found not guilty or deemed indigent; a $5.00 assessment for City police training; and a $3.00 assessment for court system enhancements. Additionally, the Municipal Court Judge shall assess to such cases, the costs assessed against the City by Sedgwick County for each day or portion of a day such person served in jail at the same rate that the City was charged for such jail time by Sedgwick County. The current rate charged the City for jail time shall be included as an entry in the Municipal Court’s fine schedule. In addition thereto, the Judge of the Municipal Court shall assess all State imposed fees as required by statute.
(C.O. No. 6; Ord. 560)
5.2.3. Witness fees.
Fees and mileage for subpoenaed witnesses shall be Ten Dollars ($10.00) per day or any part thereof and twenty-two cents ($.22) per mile actually driven over zero miles. Fees and mileage for the attendance of witnesses shall be assessed as costs of the action against the defendant if such individual is convicted.
(Ord. 137)
5.2.4. Court appointed attorney fee.
The fee to be paid to an attorney, properly appointed by the Judge of the Municipal Court of Bel Aire, Kansas to represent an indigent defendant charged with a crime punishable with a jail sentence in the Municipal Court of the City of Bel Aire, Kansas shall be set by the court in accordance with a fee policy established and amended from time to time by the Municipal Court Judge, and included with the City’s Schedule of Service, License and Permit Fees.
(Ord. 367)
5.2.5. City’s payment of fee.
The City Clerk is authorized to accept a statement, approved by the Judge of the Municipal Court, from an attorney for services rendered to an indigent defendant and present it to the Governing Body in a proper Appropriation Ordinance for payment.
(Ord. 367)
5.2.6. Drivers’ license reinstatement fee.
Any person required to pay a drivers’ license reinstatement fee pursuant to K.S.A. 8-241 and seeking reinstatement of a drivers’ license through the City of Bel Aire Municipal Court shall pay to the City a reinstatement processing fee as set forth within the City’s Schedule of Service, License and Permit Fees, prior to the Court’s submission of such request to the State for reinstatement. Such fee may be waived in matters in which the court makes a finding of indigency, or to correct a paperwork error of the court.
5.2.7. Mailing/notice fee.
Pursuant to K.S.A. 8-2110 and amendments thereto, if an individual fails to comply with a traffic citation, except for illegal parking, standing or stopping, and the Municipal Court mails notice of the potential suspension of the individual’s driving privileges the Municipal Court shall charge the individual a fee as set forth within the City’s Schedule of Service, License and Permit Fees. This fee shall be in addition to all other reinstatement fees, penalties and other assessments.
5.2.8. Miscellaneous costs.
The costs for miscellaneous fees, including but not limited to the following, shall be as set forth in the City’s Schedule of Service, License and Permit Fees, unless modified as legally permitted by action of the court or prosecutor:
A. Waiver of trial after setting a case for trial Warrant
B. DL Reinstatement Failure to Appear
C. Pre-Sentence Investigation Diversion Fee
D. Furnishing certified transcript Filing of petition for expungement Court Record Request
E. Video Cassette/DVD Copies Certified Letter Fee
F. Failure to appear Letter Fee Court Ordered Finger Prints Police Report
G. Court Report Trial Fee
All monies collected from any cost imposed shall be paid into the General Fund of the City of Bel Aire, Kansas, unless otherwise required by law.