12-4305.   Schedule of fines for municipal ordinance traffic infractionsand certain other ordinances; violations excluded from schedule; fines uponplea of guilty or no contest; procedure.(a) The municipal judge shall establish a schedule of fineswhich shall be imposed for municipal ordinance violations that areclassified as ordinance traffic infractions. Also, the municipal judge mayestablish a schedule of fines which shall be imposed for the violation ofcertain other ordinances. Any fine so established shall be within theminimum and maximum allowable fines established by ordinance for such offensesby the governing body. The following traffic violations are specificallyexcluded from any schedule of fines:

      (1)   Reckless driving;

      (2)   driving while under the influence of alcohol or drugs, or both, ordriving with a blood or breath alcohol concentration of .08 ormore;

      (3)   driving without a valid license issued or on a canceled,suspended or revoked license;

      (4)   fleeing or attempting to elude a police officer; or

      (5)   offense comparable to those prescribed by K.S.A. 8-1602, 8-1603and 8-1604 and amendments thereto.

      (b)   A person charged with the violation of an ordinance contained in aschedule of fines established under subsection (a) shall, except asprovided in subsection (c), appear at the place and time specified in thenotice to appear. If the person enters an appearance, waives right totrial, pleads guilty or no contest, the fine shall be no greater than thatspecified in the schedule.

      (c)   Except as provided in subsection (c) of K.S.A. 12-4214, and amendmentsthereto, prior to the time specified in the notice to appear, a personcharged with an ordinance cigarette or tobacco infraction or aviolation of an ordinance contained in a schedule of finesestablished under subsection (a) may enter an appearance, waive right totrial, plead guilty or no contest and pay the fine for the violation asspecified in the schedule or in subsection (a) of K.S.A. 12-4214 andamendments thereto. At the election of the person charged, suchappearance, waiver, plea and payment may be made by mail or in person andpayment may be by personal check. The complaint shall not have beencomplied with if a check is not honored for any reason, or the fine is notpaid in full prior to the time specified in the notice to appear. When aperson charged with an ordinance cigarette or tobacco infraction or anordinance traffic infraction or other ordinanceviolation on a schedule of fines makes payment without executing a writtenwaiver of right to trial and plea of guilty or no contest, the paymentshall be deemed such an appearance, waiver of right to trial and plea of nocontest.

      The municipal judge may authorize the clerk of the municipal court orsome other person to accept by mail or in person such voluntary appearance,plea of guilty or no contest and payment of the fine imposed by the scheduleor by subsection (a) of K.S.A. 12-4214 and amendments thereto.

      The schedule of fines and persons authorized to accept such pleas shallbe conspicuously displayed in the office where such voluntary appearance,plea of guilty and payment of fine occurs.

      History:   L. 1973, ch. 61, § 12-4305; L. 1984, ch. 39, § 30;L. 1985, ch. 48, § 10; L. 1985, ch. 78, § 4; L. 1986, ch. 84, § 3;L. 1993, ch. 259, § 17;L. 1996, ch. 214, § 22;L. 1998, ch. 192, § 2; May 28.