A CHARTER ORDINANCE EXEMPTING THE CITY OF MARYSVILLE, KANSAS FROM THE PROVISIONS OF K.S.A. 12-4112 RELATING TO THE ASSESSMENT OF COURT COSTS IN MUNICIPAL COURT AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT.

Section 1.         The City of Marysville, by virtue of the power vested in it by Article 12, Section 5, of the Constitution of the State of Kansas hereby elects to and does exempt itself and make inapplicable to it K.S.A, 12-4112 which applies to this city but is part of an enactment which does not apply uniformly to all cities.

Section 2.         The provisions of K.S.A. 12-4112 shall hereby read:

       Court costs may be assessed against the accused person for the administration of justice in any municipal court case where the accused person pleads guilty or nolo contendre or is found guilty. Costs shall be assessed as provided by city ordinance and in addition thereto the municipal judge may assess witness fees and mileage as set forth in K.S.A. 12-4411.

Section 3.         If it appears to the municipal court that prosecution was instituted with 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 or her 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.

Section 4.         Charter Ordinance No. 2 is hereby repealed.

(07-10-1989; Repealed by C.O. No. 21)