Chapter XIV · Municipal Court

ARTICLE 1. MUNICIPAL COURT

Sections 14-101 to 14-107 · 7 sections

14-101 Municipal court established.

There is hereby established a municipal court for the City of Newton, Kansas. The municipal court shall have jurisdiction to hear and determine cases involving the following matters:

(a)Violations of the ordinances of the city;

(b)Appeals as to the denial by the city clerk of any license or permit as to which the city clerk has the authority to issue under the ordinances of the city.

(Code 1998; C.O. 46; Ord. 4440-03)

14-102 Same; practice and procedure.

The provisions of the Kansas code of procedure for municipal courts as set forth in K.S.A. 12-4101, et seq., and all amendments thereto, shall govern the practice and procedure in all cases in the municipal court, except as is otherwise provided in this chapter or in any other ordinance of the city. In the event of any conflict or inconsistency in the provisions of this chapter or of any other ordinance of the city with the provisions of the Kansas code of procedure for municipal courts, then the provisions in this chapter or in such ordinance shall govern.

(Code 1998; C.O. 46; Ord. 4440-03)

14-103 Municipal court administration.

The municipal court shall be a division of the department of law of the city and shall be under the supervisory authority of the city attorney as the director of the law department. Except for the judicial and prosecutorial functions, duties and authority as are prescribed herein for the municipal judge and the city prosecutor, the court clerk shall also serve as the court administrator with responsibility for the day-to-day operations of the municipal court under the supervisory authority and direction of the city attorney. The municipal judge and the city prosecutor shall not have supervisory responsibility as to the court staff or as to the day-today operations of the court beyond the necessary scope of their judicial and prosecutorial functions. The city attorney shall have authority, by issuance of an administrative order, to establish from time to time such fees and costs as shall be assessed or charged by the municipal court and which are not otherwise prescribed by law or ordinance.

(Code 1998; C.O. 46; Ord. 4440-03)

14-104 Definitions.

As used in this chapter:

(a)“City attorney” means the city attorney appointed by the governing body of the City pursuant to Section 1-212 and to Section 3 of Charter Ordinance No. 43.

(b)“City prosecutor” means any attorney who represents the city in the prosecution of an accused person for the violation of a city ordinance.

All references in the Kansas code of procedure for municipal courts as set forth in K.S.A. 12-4101, et seq., and all amendments thereto, to the “city attorney” are hereby made applicable to and shall mean the “city prosecutor” as defined herein, unless the context therein clearly indicates that the reference is intended to apply to the “city attorney” as the chief legal counsel to the city.

(C.O. 43, Sec. 3; Code 1998; C.O. 46; Ord. 4440-03)

14-105 Hearings and proceedings on appeals of administrative licensure decisions.

(a)As to any appeal of a city administrative decision regarding a business license or permit as to which the municipal court has been given jurisdiction to hear, the hearing on such appeal shall be conducted by the municipal judge, and the hearing shall be scheduled and held by the municipal court not later than 30 days after the notice of appeal is filed with the clerk of the municipal court.

(b)The sole issue for determination by the municipal judge shall be whether the administrative decision being appealed was within the scope of the administrative official’s authority, was supported by substantial evidence, and was not arbitrary or capricious. The municipal judge shall make specific findings of fact and conclusions of law in each case.

(c)The municipal judge shall hold hearings, subpoena witnesses, take testimony of any person under oath and, in connection therewith, to require the production of any evidence related to any such matter being heard.

(d)The municipal judge shall render a decision within 10 days of the conclusion of the hearing.

(e)The municipal judge may grant continuances as to any hearing date established herein, except that without consent of the appellant the judge may not continue the proceedings so as to delay the issuance of a decision beyond a date that is 40 days past the date the notice of appeal is filed with the clerk of the municipal court.

(Code 1998; C.O. 46; Ord. 4440-03)

14-106 Appeal to district court; stay of proceedings.

An appeal of any conviction in municipal court, or an appeal of any final order or decision under Section 14-105 herein, may be taken to the district court of Harvey County, Kansas:

(a)By the accused person in all cases;

(b)By the appellant in any proceeding under Section 14-105; and

(c)By the city upon questions of law in any prosecution for ordinance violations.

The appeal shall stay all further proceedings upon the judgment from which the appealed is taken.

(Code 1998; C.O. 46; Ord. 4440-03)

14-107 Municipal court; costs.

In each proceeding before the Municipal Court for the City of Newton, Kansas, in which court costs are required or are determined to be assessed against a party thereunder, such court costs shall be in the amount of $80, which shall include and not be in addition to any of the costs specified under K.S.A. 12-4112, as the same now provides or as the same may hereafter be amended, except for witness fees and mileage. In addition to the court costs provided above, and as part of any such disposition for which court costs are assessed, the Municipal Judge shall also assess the following:

(a)Witness fees and mileage costs which have been incurred and which are assessable against the defendant under the provisions of K.S.A. 12-4411.

(b)Jail costs which have been incurred by the City due to the booking, fingerprinting and/or incarceration of the defendant in relation to the charges upon which the prosecution was brought; provided, however, that such jail costs shall not be assessed for any pre-disposition incarceration if the defendant’s conviction is not based upon charges for which the defendant could have been arrested.

(c)A fee in the amount of $20.00 for fingerprinting performed in Municipal Court for each case in which the defendant has been convicted of violating municipal ordinance provisions that prohibit conduct comparable to a Class A or B misdemeanor or assault as defined in K.S.A. 21-3408 and amendments thereto.

(K.S.A. 12-4112; C.O. 38; C.O. 42; Ord. 4241-97; C.O. 46; Ord. 4424-02; Ord. 4792-11; Code 2014)