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

(Code 2014)

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

(Code 2014)

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 2014)

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 2014)

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 tempore.  In the event the municipal judge fails to appoint a judge pro tempore, the judge pro tempore shall be appointed in the same manner as the municipal judge is selected. The judge pro tempore shall receive compensation as shall be provided by ordinance, payable in the same manner as the compensation of the regular municipal judge.

(Code 2014)

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 et seq.) and all acts amendatory or supplemental thereto.

(Code 2014)

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

(Code 2014)

There is hereby established the office of the clerk of the municipal court of the City of Pleasanton, Kansas, which office shall be filled by appointment by the mayor with consent of the council. The duties of the office shall be those prescribed by the Code for Municipal Courts set forth in Chapter 12, Article 41 of the Kansas Statutes and shall include the following duties:

(a)   The clerk shall issue all processes of the court, administer oaths, file, and preserve all papers, docket cases and set same for trial and shall perform such further acts as may be necessary to carry out the duties and responsibilities of the court. The clerk shall receive, account for, and pay to the city clerk monthly all fines and forfeited bonds paid into the court. The clerk shall make reports to the judicial administrator and furnish the information when requested by him/her or a departmental justice on such forms furnished by the judicial administrator and approved by the Supreme Court.

(b)   The clerk of the municipal court shall within 10 days after selection and before entering upon the duties of office, execute to the city such bond as the governing body may require, which shall be approved by the governing body and filed in the office of the city clerk, conditioned for the faithful performance of the duties required of him/her by law and for the faithful application and payment of all moneys that may come into his/her hands in the execution of the duties of the office.  The city shall pay the cost of such bond.

(c)   A majority of all members of the council may remove the clerk appointed under the authority of this article or for good cause the mayor may temporarily suspend any such appointed clerk.

(Code 2014; C.O. No. __; Code 2024)

Where a municipal court judgement 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 judgement or at such time as the municipal judge shall determine.

(Code 2014)

It shall be unlawful for any person to willfully fail 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 2014)

(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/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/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/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 2014)

(a)   Court costs shall be assessed against each person charged with a violation of any of the ordinances of this city, unless found not guilty. Court costs shall include all costs required by K.S.A. 12-4116 and K.S.A. 12-4117, as well as a local court cost set by council. However, this subsection shall not apply to persons who make payment to avoid prosecution of a failure to use seat belts or child safety restraints.

(b)   For those misdemeanor offenses as set out in K.S.A. 21-2501 that require the individual be fingerprinted before final disposition of the case, a fingerprint fee set by council will be assessed as costs.

(c)   A cost of $50 shall be assessed against each person for whom a municipal court bench warrant, show cause/probation violation warrant or citation warrant is ordered by the court for either failure to appear or failure to comply.

(d)   Except as set forth below, the assessment and imposition of the court costs pursuant to this section shall be mandatory and the court shall not waive, remit, suspend, parole, or otherwise excuse the payment thereof.

(e)   All court costs collected pursuant to this section shall be accounted for by the clerk of the municipal court and deposited to the general fund of the city.

(f)   All costs and fees shall be assessed as part of the judgment and shall be collected by the court clerk or court administrator of the municipal court.

(g)   The costs and fees assessed pursuant to this section shall be in addition to the fine imposed.

(Code 2014; Ord. 2050; C.O. No. __; Code 2024)