A CHARTER ORDINANCE ADOPTED BY THE CITY COUNCIL OF THE CITY OF OAKLEY, KANSAS, EXEMPTING THE CITY FROM THE APPLICATION OF K.S.A. 12-4112,AND ESTABLISHING MUNICIPAL COURT COSTS AND ASSESSMENTS. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OAKLEY, KANSAS:

WHEREAS, the City Council of the City of Oakley, Kansas, has determined that the costs of providing the municipal court should be partially offset by payment of costs by the defendant; and

WHEREAS, under K.S.A. 12-4101, et. Seq. is not uniformly applicable under City of Junction City v. Griffin, 227 Kan. 332 (1980);

WHEREAS, the City Council of the City of Oakley, Kansas, has determined that the City should exempt itself from the application of K.S.A. 12-4112, and establish Municipal Court Costs and Assessments.

SECTION 1. The City of Oakley, Kansas, by the power invested in it by Article 12, Section 5 of the Constitution of the State of Kansas, hereby adopts the following:

1. The City of Oakley, Kansas, hereby exempts itself from the application of K.S.A. 12- 4112.

2. In any proceeding before the Municipal Court of Oakley, Kansas, the Court, either Municipal Court, or District Court, shall have the authority to assess costs for the following items:

a. For witness fees and mileage as set forth in K.S.A. 12-4411, and amendments thereto.

b. For the assessment required by K.S.A. 20-1a11, and amendments thereto.

c. For the judicial branch education fund.

d. For the assessment required by K.S.A. 12-4117 and amendments thereto, including, but not limited to, the following:

a. For the law enforcement training center fund established pursuant to K.S.A. 74-5619, and amendments thereto.

b. For the local Law enforcement training reimbursement fund established pursuant to K.S.A. 74-5620, and amendments thereto.

c. For the juvenile detention facilities fund established pursuant to K.S.A. 79-4803, and amendments thereto.

d. For the Kansas Commission on Peace Officers' Standards and Training Fund established by K.S.A. 74-5619, and amendments thereto.

e. For the protection from abuse fund established pursuant to K.S.A. 74- 7325, and amendments thereto.

f. For the crime victim’s assistance fund established pursuant to K.S.A. 74- 7334, and amendments thereto.

g. For the trauma fund established pursuant to K.S.A. 2005 Supp. 75-5670, and amendments thereto.

e. For costs assessed by the Kansas Bureau of Investigation for testing.

f. For the assessment required by K.S.A. 12-16,119, and amendments thereto, for the detention facility processing fee.

g. For Municipal Court Costs, as may be determined from time to time by the City Council of Oakley, Kansas.

h. For attorney fees for Court Appointed Counsel.

i. For assessments for alcohol and drug safety action programs for alcohol convictions under the ordinances of the City of Oakley, Kansas.

j. For other fees or costs as determined by the Municipal Court of Oakley, Kansas, or the District Court of Logan County, Kansas, or the Kansas Legislature.

(07-05-2006)