AN ORDINANCE EXEMPTING THE CITY OF POTWIN, KANSAS FROM PROVISIONS OF K.S.A. 12-4112 RELATING TO THE LEVYING OF COURT COSTS IN MUNICIPAL COURT OF POTWIN, KANSAS AND SUPPLEMENTING CERTAIN PROVISIONS OF K.S.A. 12-4411 AND PROVIDING FOR THE PAYMENT OF POTWIN, KANSAS MUNICIPAL COURT COSTS NOT TO EXCEED $25.00 IN EACH CASE AND REAPPEALING CHARTER ORDINANCE NUMBER 1.

SECTION ONE; City of Potwin, Kansas, by the power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas, hereby elects to exempt itself from and make inapplicable to it K.S.A. 12-4112 and any amendments thereto, which is an enactment of the Legislature applicable to this City but is not applicable uniformly to all cities.

SECTION TWO: The City of Potwin, Kansas, hereby declares itself exempt from the provisions of K.S.A. 12-4112 and the provision of Section 3 of this Ordinance shall be deemed to be substituted for each statutory provisions immediately hereinbefore recited.

SECTION THREE. In the discretion of the Judge in Municipal court of the City of Potwin, Kansas, said Judge may assign and assess cost in each cause of action up to, but not to exceed $25.00 to cover expenses of administration of said municipal court and each case brought in said court in addition thereto such other fees and costs as may be provided for in Section 4 hereinafter or otherwise authorized by law, but under no circumstances, shall any costs be levied or assessed in any cause in which the defendant is found not guilty.

SECTION FOUR. In addition to witness fees and mileage permitted and allowed pursuant to K.S.A. 12-4411, the Municipal Judge of the court of the City of Potwin, Kansas, hereby is authorized and empowered to assess additional costs above such fees and the mileage over and above the costs provided for in the Section immediately hereinabove of this Ordinance in the actual amounts of any mileage incurred by the city and transportation of any defendant to a place of safe keeping or incarceration, and in each cause at the rate of not to exceed 15 cents ($.15) per mile and in addition thereto the actual cost of taking any blood or other chemical test in analysis taken at the direction of said police officer of said city, deemed by said Judge necessary for the prosecution of said action, provided, that proper consents to such tests are obtained prior to the taking of the same when consents to the taking or making of such tests or analysis would otherwise be required by law, and provided also that this cost shall not be assessed when the defendant in such cause of action is found not guilty.

SECTION FIVE. Charter Ordinance number one (1) of the City of Potwin, Kansas is hereby repealed.

(10-09-1995)