Chapter IX · Municipal Court

Article 1. General Provisions

Sections 9-101 to 9-113 · 13 sections

9-101 Municipal Court Established.

There is hereby established a Municipal Court for the City of Bonner Springs, Kansas. The Municipal Court shall have jurisdiction to hear and determine cases involving violations of the ordinances of the City.

(Code 1989)

9-102 Same; Practice and Procedure.

The Kansas Code of Procedure for Municipal Courts, as set forth in K.S.A. 124101 et seq. and all acts amendatory or supplemental thereto shall govern the practice and procedure in all cases in the Municipal Court.

(Code 1989)

9-103 Officers.

The officers of the Municipal Court of this City shall be the Municipal Judge, Clerk of the Municipal Court, the Chief of Police, and the Law Enforcement Officers of the City.

(Code 1989)

9-104 Municipal Judge.

The Municipal Judge shall:

(a)Have such powers and duties as set forth in the Kansas Code of Procedure for Municipal Courts

(K.S.A. 124101 et seq.) and all acts amendatory or supplemental thereto;

(b)Be a conservator of the peace and have exclusive jurisdiction to hear and determine all offenses violating the laws of the City;

(c)Keep a docket in which to enter every case commenced before him or her as Municipal Judge;

(d)Have power to administer the oath and enforce due obedience to all orders, rules and judgments made by the Judge, and may fine or imprison for contempt in the same manner and to the same extent as the District Court.

(Code 1989)

9-105 Same; Qualifications.

The Municipal Judge shall be a resident of Wyandotte County, Johnson County or Leavenworth County and meet the training and examination requirements established by the Kansas Supreme Court pursuant to the 1989 Session Laws of Kansas, Chapter 66, or be an attorney licensed by the State of Kansas.

(Code 1989)

9-106 Same; Absence.

If the Municipal Judge is absent, sick or disqualified from acting, some suitable and proper person appointed by the City Manager shall act as Municipal Judge until the absence, disqualification or objection ceases.

(Code 1989)

9-107 Same; Vacancy in Office.

In case of a vacancy in the office of Municipal Judge, the City Manager, with the consent of the Governing Body, shall appoint some suitable and proper person to fill the vacancy.

(C.O. No. 13, Sec. 3; Code 1992)

9-108 Same; Salary.

The Municipal Judge shall receive a salary as shall be fixed by ordinance.

(Code 1989)

9-109 Clerk of the Municipal Court.

The Clerk of the Municipal Court, when so authorized by the Municipal Judge, shall:

(a)Prepare and issue all processes of the Court;

(b)Administer oaths required in proceedings before the Court;

(c)File and carefully preserve all papers in cases pending in the Court;

(d)Docket cases and set them for trial;

(e)Attend sessions of the Court;

(f)Receive and account for fines and bonds paid into the Court;

(g)Perform such other duties as the Judge may require, or as are set forth in the rules of the Court, or as may be necessary and proper for the convenience of the Court or Judge.

(Code 1989)

9-110 Municipal Court.

The Governing Body may provide at the expense of the City a suitable room or office for the Municipal Judge. Municipal Court shall be held at the City hall unless circumstances make that place impracticable for a particular session, in which case it may be held at any convenient place in the City.

(Code 1989)

9-111 Violation of Promise to Appear in Municipal Court.

Any person willfully violating his or her written promise to appear in the Municipal Court of Bonner Springs, or before a person authorized to receive a deposit of bail, is guilty of a violation of this code, regardless of the disposition of the charge upon which he or she was originally arrested, summoned or cited into Court.

(Ord. 1259)

9-112 Payment of Fines.

(a)If the judgment against any person be for a fine and/or costs only, the same shall be satisfied by paying the amount of such fine and/or costs to the Municipal Court immediately on the rendition of judgment, or at such time as the Municipal Judge shall determine.

(b)Any person willfully failing to pay a lawfully imposed fine for a violation of any part of the Code of the City of Bonner Springs, Kansas, 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, is guilty of a violation of this code, regardless of the full payment of the fine after such time.

(Ord. 1261)

9-113 Court Costs.

There is hereby established a court cost fee in the sum of $36.50, which shall be retained by the City of Bonner Springs, plus any amount mandated to be collected by the Kansas Supreme Court, or pursuant to K.S.A. 12-4117 as amended. This court cost shall be assessed against each accused person who enters a plea of guilty or no contest, enters into a diversion agreement, or is found guilty of any violation of any ordinance of the City. The costs shall be due at the time of the plea, conviction or diversion, unless an extension is granted by the Judge of the Municipal Court, and the costs shall be payable to the City.

(C.O. No. 12; Ord. 1612; Ord. 2046; Ord. 2262; Ord. 2427)