Chapter 8 · Municipal Court

Article 1. General Provisions

Sections 8-101 to 8-111 · 11 sections

8-101 Municipal court established.

There is hereby established a municipal court for the City of La Cygne, Linn County, Kansas. The municipal court shall have jurisdiction to hear and determine cases involving violations of the ordinances of the city.

(Code 1988)

8-102 Same; practice and procedure.

(a)The Kansas code of procedure for Municipal Courts, as set forth in K.S.A. 12-4101 et seq. and all acts amendatory or supplemental thereto shall govern the practice and procedure in all cases in the Municipal Court.

(b)Incorporating Uniform Public Offense Code: There is hereby incorporated by reference for the purpose of regulating public offenses within the corporate limits of the City of La Cygne, Kansas that certain code known as the “Uniform Public Offense Code,” as adopted by city ordinance, prepared and published in book form by the League of Kansas Municipalities, Topeka, Kansas, save and except such articles, sections, parts or portions as are hereafter omitted, deleted, modified or changed.

(c)Incorporating Standard Traffic Ordinance: There is hereby incorporated by reference for the purpose of regulating traffic offenses within the corporate limits of the City of La Cygne, Kansas that certain code known as the “Standard Traffic Ordinance,” as adopted by city ordinance, prepared and published in book form by the League of Kansas Municipalities, Topeka, Kansas, save and except such articles, sections, parts or portions as are hereafter omitted, deleted, modified or changed.

(Code 1988; Ord. 1481)

8-103 Same; times.

The Municipal Court shall be held at the Community Center commencing at 6:00 p.m. on the 3rd Tuesday of each month beginning March 2022, excepting that if such day falls on a holiday the court shall be held on the next following Tuesday at the same appointed time and place.

(Ord. 1175; Ord. 1186; Ord. 1308; Ord. 1333; Ord. 1378; Code 2017; Ord. 1481; Ord. 1497; Ord. 1500)

8-104 Municipal judge; appointment.

The mayor with the consent of the city council shall appoint a municipal judge of the municipal court whose term shall be for a period of one year or until a successor is appointed and qualified.

(Code 1988)

8-105 Same; powers and duties.

The municipal judge shall have such powers and duties as set forth in the Kansas code of procedure for municipal court (K.S.A. 12-4101 et seq.) and all acts amendatory or supplemental thereto.

(Code 1988)

8-106 Same; salary.

The Municipal Court Judge of the City shall receive a monthly salary as compensation for his/her services which amount shall be established by the governing body be recorded in the minutes and reviewed by the city council on an annual basis.

(Code 2017)

8-107 Judge pro tempore.

In the event the municipal judge is temporarily unable to preside due to absence, illness or disqualification, he or she shall designate a qualified person to act as judge pro tempore. In event the municipal judge falls to appoint a judge pro tempore, the judge pro tempore shall be appointed by the mayor. The judge pro tempore shall receive such compensation as the governing body shall direct.

(Code 1988)

8-108 Municipal court clerk; appointment.

There is hereby established the office of Clerk of the Municipal Court. The Municipal Judge of the Court shall appoint a Clerk of the Municipal Court whose term shall be for a period of one (1) year or until a successor is appointed and qualified.

(Ord. 1175; Code 1988)

8-109 Same; duties.

The Municipal Court Clerk shall issue all process of the court, administer oaths, file and preserve all papers, docket cases and set the same for trial. The clerk shall perform other acts necessary to carry out the duties and responsibilities of the court. The clerk shall account for all fines paid and forfeited bonds and pay the same to the city treasurer on a monthly basis.

(Ord. 1175; Code 1988)

8-110 Same; compensation.

The Municipal Court Clerk of the City shall receive their said hourly rate, as established for other city duties, for his/her services for Municipal Court duties.

(Ord. 1188; Ord. 1421; Ord. 1451; Code 2017)

8-111 Court costs.

(a)Court Costs in the amount of Sixty-Five Dollars and Fifty Cents ($65.50) shall be assessed on behalf of the City of LaCygne, Kansas, for all Municipal Court convictions.

(b)Court costs shall be collected on behalf of the State of Kansas in an amount as determined from time to time by the Kansas State Legislature.

(c)Notwithstanding the provision of sections (a) and (b) above, no court costs shall be collected for any conviction for improper parking.

(d)The Municipal Judge may assess such fees and costs in addition to any assessments which the Court is obligated to impose pursuant to applicable statutes of the State of Kansas and in addition to the basic Court Cost Fee established in 8-111 (a). Such fees and costs shall include, but are not limited to, additional court costs, imprisonment fees, medical reimbursement fees, warrant fees, court appointed attorney fees, probation or parole supervision fees, program fees and such other and additional fees and costs as are necessary for the administration of the Court’s services.

(C.O. No. 5; Ord. 1207; Ord. 1383; Code 2017; Ord. 1481)