CHAPTER X. MUNICIPAL COURTCHAPTER X. MUNICIPAL COURT\ARTICLE 1. MUNICIPAL COURT

There is hereby established an authorized statutory Municipal Court of and in the City of Andover, Kansas.

(Ord. 172, Sec. 1)

The Municipal Court shall have jurisdiction as is generally conferred on Municipal Courts in cities of a second class by laws of the State of Kansas.

It is hereby declared that the Municipal Court of the City of Andover, Kansas does hereby have venue and jurisdiction of cases involving violations of any traffic ordinance or ordinances in the City of Andover, Kansas by operators of motor vehicles fourteen or fifteen years of age.

(Ord. 3, Sec. 1; Ord. 327, Sec. 2)

The regularly established place of the Municipal Court is at 909 N Andover Road, the Andover Police Station.

(Ord. 3, Sec. 1; Code 2011)

The Municipal Court shall be administered by the Judge thereof who shall be appointed by the Mayor with the consent of the majority of the Governing Body of the City of Andover, Kansas.

(Ord. 172, Sec. 2)

The Municipal Court Judge of said City, Andover, Kansas, shall serve at the pleasure of the Governing Body of said City, and may be removed from office by the Governing Body of said City at any time and, of course, may also be ousted from office by a Court of competent jurisdiction.

(Ord. 172, Sec. 7)

In each case, with the exception of parking violations and seatbelt violations, brought in the Municipal Court of Andover, Kansas, there shall be costs assessed to such party as the Court shall designate to defray the administrative expenses incurred therein. Costs shall be fixed in the amount of $90.00 per case filed which shall generally be inclusive of the fees and assessments imposed by the State of Kansas. The following additional costs shall be imposed by the Court, when necessary or applicable:

(a)   $20.00 fingerprinting fee;

(b)   $35.00 prisoner care fee (per chargeable day of incarceration).

In addition to the foregoing fixed costs, the following additional costs may be imposed by the Court:

(c)   $25.00 warrant service fee;

(d)   $.30 per mile for warrant service;

(e)   $10.00 witness fee (per person);

(f)   $0.30 per mile paid for witnesses under subpoena.

In addition to all the foregoing costs, court costs may also include such additional amounts as may be necessary to be spent to compel the attendance of witnesses, for laboratory analysis, and for any other expenses, as determined within the discretion of the Court as reasonably necessary for the proper administration of justice.

(C.O. No. 6; Ord. 575; Ord. 1488; Ord. 1562; Ord. 1608)

Failure to appear shall be defined as willfully incurring a forfeiture of an appearance bond and failure to surrender oneself within thirty (30) days following the date of such forfeiture by one who is charged with a violation of the ordinances of the City of Andover, Kansas, and has been released on bond for appearance before the Municipal Court for trial or other proceeding prior to conviction, or willfully incurring a forfeiture of an appearance bond and failing to surrender oneself within thirty (30) days after his or her conviction of a violation of the ordinances of the City of Andover, Kansas, has become final by one who has been released on an appearance bond by any court of this State.

(Code 2011)

Any person who is released upon his or her own recognizance, without surety, or who fails to appear in response to a summons, notice to appear, or traffic citation duly served upon him personally shall be deemed a person released on bond for appearance within the meaning of Section 10-107.

(Code 2011)

The provisions of 10-107 shall not apply to any person who forfeits a cash bond supplied pursuant to law upon an arrest for a traffic offense.

(Code 2011)

Failure to appear, upon conviction thereof, shall be punishable by incarceration for up to thirty (30) days and/or a fine of up to $100.00.

(Ord. 483, Sec. 1)

That for all convictions in the Municipal Court of Andover, Kansas of “Ordinance Traffic Infractions,” as that term is defined in K.S.A. 8-2118 (d), the punishment shall be a fine of not less than $5.00 and not more than $200.00.  The Municipal Judge shall establish a schedule of fines for such infractions, and such schedule shall be conspicuously displayed at the office of the Municipal Court Clerk.

(Ord. 664, Sec. 1)