Article 43.--CODE FOR MUNICIPAL COURTS; APPEARANCE AND CONDITIONS OF RELEASE
12-4305.Schedule of fines for municipal ordinance traffic infractions
and certain other ordinances; violations excluded from schedule; fines upon
plea of guilty or no contest; procedure.
(a) The municipal judge shall establish a schedule of fines
which shall be imposed for municipal ordinance violations that are
classified as ordinance traffic infractions. Also, the municipal judge may
establish a schedule of fines which shall be imposed for the violation of
certain other ordinances. Any fine so established shall be within the
minimum and maximum allowable fines established by ordinance for such offenses
by the governing body. The following traffic violations are specifically
excluded from any schedule of fines:
(1) Reckless driving;
(2) driving while under the influence of alcohol or drugs, or both, or
driving with a blood or breath alcohol concentration of .08 or
more;
(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, 8-1603
and 8-1604 and amendments thereto.
(b) A person charged with the violation of an ordinance contained in a
schedule of fines established under subsection (a) shall, except as
provided in subsection (c), appear at the place and time specified in the
notice to appear. If the person enters an appearance, waives right to
trial, pleads guilty or no contest, the fine shall be no greater than that
specified in the schedule.
(c) Except as provided in subsection (c) of K.S.A. 12-4214, and amendments
thereto, prior to the time specified in the notice to appear, a person
charged with an ordinance cigarette or tobacco infraction or a
violation of an ordinance contained in a schedule of fines
established under subsection (a) may enter an appearance, waive right to
trial, plead guilty or no contest and pay the fine for the violation as
specified in the schedule or in subsection (a) of K.S.A. 12-4214 and
amendments thereto. At the election of the person charged, such
appearance, waiver, plea and payment may be made by mail or in person and
payment may be by personal check. The complaint shall not have been
complied with if a check is not honored for any reason, or the fine is not
paid in full prior to the time specified in the notice to appear. When a
person charged with an ordinance cigarette or tobacco infraction or an
ordinance traffic infraction or other ordinance
violation on a schedule of fines makes payment without executing a written
waiver of right to trial and plea of guilty or no contest, the payment
shall be deemed such an appearance, waiver of right to trial and plea of no
contest.
The municipal judge may authorize the clerk of the municipal court or
some 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 schedule
or by subsection (a) of K.S.A. 12-4214 and amendments thereto.
The schedule of fines and persons authorized to accept such pleas shall
be 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.
Article 43.--CODE FOR MUNICIPAL COURTS; APPEARANCE AND CONDITIONS OF RELEASE
12-4305.Schedule of fines for municipal ordinance traffic infractions
and certain other ordinances; violations excluded from schedule; fines upon
plea of guilty or no contest; procedure.
(a) The municipal judge shall establish a schedule of fines
which shall be imposed for municipal ordinance violations that are
classified as ordinance traffic infractions. Also, the municipal judge may
establish a schedule of fines which shall be imposed for the violation of
certain other ordinances. Any fine so established shall be within the
minimum and maximum allowable fines established by ordinance for such offenses
by the governing body. The following traffic violations are specifically
excluded from any schedule of fines:
(1) Reckless driving;
(2) driving while under the influence of alcohol or drugs, or both, or
driving with a blood or breath alcohol concentration of .08 or
more;
(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, 8-1603
and 8-1604 and amendments thereto.
(b) A person charged with the violation of an ordinance contained in a
schedule of fines established under subsection (a) shall, except as
provided in subsection (c), appear at the place and time specified in the
notice to appear. If the person enters an appearance, waives right to
trial, pleads guilty or no contest, the fine shall be no greater than that
specified in the schedule.
(c) Except as provided in subsection (c) of K.S.A. 12-4214, and amendments
thereto, prior to the time specified in the notice to appear, a person
charged with an ordinance cigarette or tobacco infraction or a
violation of an ordinance contained in a schedule of fines
established under subsection (a) may enter an appearance, waive right to
trial, plead guilty or no contest and pay the fine for the violation as
specified in the schedule or in subsection (a) of K.S.A. 12-4214 and
amendments thereto. At the election of the person charged, such
appearance, waiver, plea and payment may be made by mail or in person and
payment may be by personal check. The complaint shall not have been
complied with if a check is not honored for any reason, or the fine is not
paid in full prior to the time specified in the notice to appear. When a
person charged with an ordinance cigarette or tobacco infraction or an
ordinance traffic infraction or other ordinance
violation on a schedule of fines makes payment without executing a written
waiver of right to trial and plea of guilty or no contest, the payment
shall be deemed such an appearance, waiver of right to trial and plea of no
contest.
The municipal judge may authorize the clerk of the municipal court or
some 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 schedule
or by subsection (a) of K.S.A. 12-4214 and amendments thereto.
The schedule of fines and persons authorized to accept such pleas shall
be 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.
Article 43.--CODE FOR MUNICIPAL COURTS; APPEARANCE AND CONDITIONS OF RELEASE
12-4305.Schedule of fines for municipal ordinance traffic infractions
and certain other ordinances; violations excluded from schedule; fines upon
plea of guilty or no contest; procedure.
(a) The municipal judge shall establish a schedule of fines
which shall be imposed for municipal ordinance violations that are
classified as ordinance traffic infractions. Also, the municipal judge may
establish a schedule of fines which shall be imposed for the violation of
certain other ordinances. Any fine so established shall be within the
minimum and maximum allowable fines established by ordinance for such offenses
by the governing body. The following traffic violations are specifically
excluded from any schedule of fines:
(1) Reckless driving;
(2) driving while under the influence of alcohol or drugs, or both, or
driving with a blood or breath alcohol concentration of .08 or
more;
(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, 8-1603
and 8-1604 and amendments thereto.
(b) A person charged with the violation of an ordinance contained in a
schedule of fines established under subsection (a) shall, except as
provided in subsection (c), appear at the place and time specified in the
notice to appear. If the person enters an appearance, waives right to
trial, pleads guilty or no contest, the fine shall be no greater than that
specified in the schedule.
(c) Except as provided in subsection (c) of K.S.A. 12-4214, and amendments
thereto, prior to the time specified in the notice to appear, a person
charged with an ordinance cigarette or tobacco infraction or a
violation of an ordinance contained in a schedule of fines
established under subsection (a) may enter an appearance, waive right to
trial, plead guilty or no contest and pay the fine for the violation as
specified in the schedule or in subsection (a) of K.S.A. 12-4214 and
amendments thereto. At the election of the person charged, such
appearance, waiver, plea and payment may be made by mail or in person and
payment may be by personal check. The complaint shall not have been
complied with if a check is not honored for any reason, or the fine is not
paid in full prior to the time specified in the notice to appear. When a
person charged with an ordinance cigarette or tobacco infraction or an
ordinance traffic infraction or other ordinance
violation on a schedule of fines makes payment without executing a written
waiver of right to trial and plea of guilty or no contest, the payment
shall be deemed such an appearance, waiver of right to trial and plea of no
contest.
The municipal judge may authorize the clerk of the municipal court or
some 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 schedule
or by subsection (a) of K.S.A. 12-4214 and amendments thereto.
The schedule of fines and persons authorized to accept such pleas shall
be 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.