Chapter IX · Municipal Court

ARTICLE 1. MUNICIPAL COURT

Sections 9-101 to 9-105 · 6 sections

9-101 Established.

A municipal court of the city is hereby created.

(Code 1988, § 9-101; Code 2016, Sec. 26-31)

9-102 Time and place in session.

The municipal judge shall hold court in city hall, and the court shall commence at 3:00 p.m. on Wednesdays per the schedule set by the Judge.

(K.S.A. 12-4109; Code 1988, § 9-103; Ord 3468, 12-28-16; Code 2016, Sec. 26-32)

9-103 Record preparation fee.

In all cases brought before the municipal judge of the city, in which an appeal is taken to the district court, there shall be charged a fee in an amount established in the city’s fee resolution for preparation of the record. The fee collected shall be turned into the city treasurer.

(Code 1988, § 9-105; Code 2016, Sec. 26-33)

9-104 Court fines.

(a)Standard fine schedule.

Code §	K.S.A.	Offense	Fine
6	8-1530	Obedience to authorized persons directing traffic	$120
6.1	8-1531a	Failure to comply with restrictions in road construction zones	$120
12	8-1507	Disobey traffic control device	$120
13	8-1508	Violate traffic control signal	$120
14	8-1509	Violate pedestrian control signal	$100
15	8-1510	Violate flashing traffic signal	$120
16	8-1511	Violate lane control signal	$120
17	8-1512	Unauthorized sign, signal, marking or device	$100
26	8-1605	Leave scene of accident (non-injury)	$120
26.1	8-15, 107	Failure to remove vehicles in accidents	$120
27	8-1606	Fail to report an accident (non-injury)	$120
30.2	8-1012	Refuse a preliminary breath test	$120
32	8-1557	Unsafe speed for prevailing conditions	$120
33.1	8-1563	Speeding in certain vehicles or on posted bridge	$120
34	8-1561	Impeding traffic by slow speed	$100
35	8-1562	Speeding on motor driven cycle	$120
37	8-1565	Drag racing or exhibition of acceleration	$240
38	8-1514	Drive on left side of roadway	$120
38.1	8-1579	Improper passing; increasing speed when passing	$120
39	8-1515	Fail to keep right to pass oncoming vehicle	$120
40	8-1516	Improper passing; increase speed when passing	$120
40.1	8-15, 112	Passing a stationary waste collection vehicle	$120
40.2	8-15, 114	Passing a stationary authorized utility or telecommunication vehicle	$120
41	8-1517	Improper passing on right	$120
42	8-1518	Passing on left with insufficient clearance	$120
43	8-1519	Limitations to driving left of center	$120
44	8-1520	Drive on left in no passing zone	$120
45	8-1521	Drive wrong way on one way road	$120
46	8-1522	Improper driving on a laned roadway	$120
47	8-1523	Following too close	$120
48	8-1524	Improper crossover on divided highway	$100
49	8-1545	Improper turn on approach	$120
51	8-1546	Improper “U” turn	$120
53	8-1547	Unsafe starting of stopped vehicle	$100
54	8-1548	Unsafe turning or stopping, fail to give proper signal, etc.	$120
55	8-1549	Improper method of giving notice of intention to turn	$100
56	8-1550	Improper hand signal	$100
57	8-1526	Fail to yield right-of-way at uncontrolled intersection	$120
58	8-1527	Fail to yield to approaching vehicle when turning left	$120
59	8-1528	Fail to yield at stop or yield sign	$120
60	8-1529	Fail to yield from private road or driveway	$120
61	8-1530	Fail to yield to emergency vehicle	$240
61.1	8-1520a	Unlawful passing of stopped emergency vehicles	$240
62	8-1531	Fail to yield to pedestrian or vehicle working on road	$100
63	8-1532	Disobey pedestrian traffic control device	$100
64	8-1533	Fail to yield to pedestrian in crosswalk	$120
64.1	8-15, 103	School crossing guard; disobeying	$240
65	8-1534	Improper pedestrian crossing	$100
66	8-1535	Fail to exercise due care in regard to pedestrian	$100
67	8-1536	Improper pedestrian movement in crosswalk	$100
68	8-1537	Improper use of roadway by pedestrian	$100
69	8-1538	Soliciting ride or business on roadway	$100
70	8-1539	Drive through safety zone	$100
71	8-1540	Fail to yield to pedestrian on sidewalk	$100
72	8-1541	Failure of pedestrian to yield to emergency vehicle	$100
73	8-1542	Fail to yield to blind pedestrian	$100
74	8-1543	Pedestrian under the influence	$240
75	8-1544	Pedestrian disobeying bridge or railroad signal	$100
76	8-1551	Fail to stop or obey railroad crossing signal	$240
77	8-1552	Fail to stop at railroad crossing stop sign	$120
78	8-1553	Certain hazardous vehicles failure to stop at railroad crossing	$240
79	8-1554	Improper moving of heavy equipment at railroad crossing	$100
80	8-1555	Vehicle emerging from alley, private roadway, building or drive	$120
81	8-1556	Improper passing of school bus; improper use of bus signal	$350
82	8-1556A	Improper passing of church or day-care bus	$240
83	8-1569	Improper stopping, standing or parking on roadway	$100
85	8-1571	Parking, standing, or stopping in prohibited area	$100
86	8-1572	Improper parking	$100
88		Parking for certain purposes prohibited	$30
89		Stall parking	$30
90		Blocking traffic	$80
91		Park on narrow street; signs	$80
92		Parking in alley	$80
96		Parking prohibited at all times in designated places	$80
97		Limited time parking zones	$30
104		Inattentive driving	$120
107	8-1573	Unattended vehicle	$100
108	8-1576	Drive with view or driving mechanism obstructed	$100
109	8-1580	Coasting	$100
110	8-1581	Following fire apparatus too close	$120
111	8-1582	Drive over a fire hose	$100
112	8-1583	Putting glass, etc. on highway	$150
112.1	8-15, 102	Littering from a motor vehicle	$120
113	8-1584	Stop when traffic obstructed	$100
114	8-1585	Improper operation of snowmobile on highway	$100
114.1	8-15, 100	Unlawful operation of all-terrain vehicle	$120
114.2	8-15, 106	Unlawful operation of a micro utility truck	$120
114.3	8-15, 101	Unlawful operation of low-speed vehicle	$120
114.4	8-15, 108	Unlawful operation of golf cart	$120
114.5	8-15, 109	Unlawful operation of work-site utility vehicle	$120
116	8-1575	Drive on sidewalk	$100
117	8-1574	Improper backing	$100
118		Avoid traffic control device	$120
123	8-1577	Unsafe opening of vehicle door	$100
124	8-1578	Riding in house trailer	$100
126.1	8-15, 110	Display of license plate	$120
126.2	8-15, 111	Unlawful use of wireless communication devices	$120
127	8-1586	Parental responsibility of child riding bicycle	$100
129	8-1588	Riding on bicycle; seats; riders limited	$100
130	8-1589	Clinging to vehicles	$100
131	8-1590	Improper riding of bicycle on roadway	$100
132	8-1591	Carrying articles on bicycle; one hand on handlebars	$100
133	8-1592	Improper bicycle lamps, brakes, or reflectors	$100
135.1	8-15, 113	Unlawful operation of electric-assisted scooter	$120
138	8-1594	Improper operation of motorcycle; seats; passengers, bundles	$100
139	8-1595	Improper operation of motorcycle on laned highway	$120
140	8-1596	Motorcycle clinging to another vehicle	$100
141	8-1597	Improper motorcycle handlebars or passenger equipment	$120
142	8-1598	Motorcycle helmet and eye-protection requirements	$100
143	8-1701	Equipment offenses that are not misdemeanors	$120
144	8-1703	Driving without headlights when required	$120
146	8-1705	Defective headlamps	$100
147	8-1706	Defective taillamps	$100
148	8-1707	Defective reflector	$100
149	8-1708	Improper tail lamp or turn signal	$100
151	8-1710	Improper lighting equipment on certain vehicles	$100
151.1	8-1747	Improper air-conditioning equipment	$120
152	8-1711	Improper lamp color on certain vehicles	$100
153	8-1712	Improper mounting of reflectors and lamps on certain vehicles	$100
154	8-1713	Improper visibility of reflectors and lamps on certain vehicles	$100
156	8-1715	No lamp or flag on projecting load	$120
157	8-1716	Improper lamps on parked vehicle	$100
158	8-1718	Improper lamps and equipment on implements	$100
158.1	8-1717	Improper lights, lamps, reflectors, and emblems on farm tractors or slow-moving vehicles	$120
159	8-1719	Unlawful use of spot, fog, or auxiliary lamp	$100
160	8-1720	Improper lights or lamps on emergency vehicle	$100
161	8-1721	Improper stop or turn signal	$100
162	8-1722	Improper vehicle hazard warning lamp	$100
162.1	8-1745	Improper use of vehicular hazard warning lamps and devices	$120
163	8-1723	Unauthorized additional lighting equipment	$100
164	8-1724	Improper multiple beam lights	$100
165	8-1725	Fail to dim headlights	$100
166	8-1726	Improper single beam headlight	$120
167	8-1727	Improper speed with alternate lighting	$100
168	8-1728	Improper number of driving lamps	$100
169	8-1729	Unauthorized lights or signals	$100
170	8-1730	Improper school bus lighting equip. and warning devices	$100
171	8-1730a	Unauthorized lights and devices on church or day-care bus	$100
172	8-1731	Improper lights on construction or maintenance vehicle	$100
173	8-1734	Defective brakes	$120
174	8-1738	Defective or improper use of horn or warning device	$100
175	8-1739	Defective muffler	$100
175.1	8-1761	Improper compression release engine braking system	$120
176	8-1740	Defective mirror	$100
177	8-1741	Defective wiper; obstructed windshield or windows	$100
178	8-1742	Improper tires	$100
178.1	8-1742b	Improper wide-based single tires	$120
181	8-1749a	Use of one way glass on windshield, windows, or headlamps	$100
182.1.2	8-1749	Improper Safety belt or shoulder harness	$120
182.2	8-1578a	Unlawful riding on vehicles	$100
183	8-1801	Defective motorcycle headlamp	$100
184	8-1802	Defective motorcycle tail lamp	$100
185	8-1803	Defective motorcycle reflector	$100
186	8-1804	Defective motorcycle stop lamp or turn signal	$100
187	8-1805	Defective multiple beam lighting	$100
188	8-1806	Improper road lighting equipment on motor driven cycles	$100
189	8-1807	Defective motorcycle or motor driven cycle brakes	$120
190	8-1808	Improper performance ability of brakes	$100
190.1	8-1809	Operating motorcycle with disapproved braking system	$120
191	8-1810	Defective horn, muffler, mirrors, or tires	$100
192	8-235	No driver’s license	$120
198	8-142	Illegal or expired registration or tag	$120
200	8-3104	No liability insurance	$350
5.6	79-3321	Tobacco infractions	$25
7-909		Fail to clear property (if corrected before first appearance in court)	$90
7-803		Inoperable vehicle (if corrected before first appearance in court)	$90
2-101		Dog at large (first offense and corrective actions taken prior to first appearance in court)	$60

Over Speed Limit	Fine	Court Cost	Total
10 or below	$80	$60	$140
11	$86	$60	$146
12	$92	$60	$152
13	$98	$60	$158
14	$104	$60	$164
15	$110	$60	$170
16	$116	$60	$176
17	$122	$60	$182
18	$128	$60	$188
19	$134	$60	$194
20	$140	$60	$200
21	$149	$60	$209
22	$158	$60	$218
23	$167	$60	$227
24	$176	$60	$236
25	$185	$60	$245
26	$194	$60	$254
27	$203	$60	$263
28	$212	$60	$272
29	$221	$60	$281
30	$230	$60	$290
Over 30	$230 + $15 for each mph over, plus court costs

(b)Court costs of $75.00 shall be added to all misdemeanor code violations, infractions and traffic violation fines, except for parking (88, 89, and 97).

(c)Exceptions to the standard fine schedule:

(1)For a second offense conviction within a twelve (12) month period, the fine shall be doubled.

(2)For a third offense conviction within a twelve (12) month period, the fine shall be tripled.

(3)For a fourth and subsequent offense conviction within a twelve (12) month period, the fine shall be $500.00. In no event shall a traffic infraction conviction exceed $500.00.

(Ord. 3388; Ord 3465; C.O. No. 18; Code 2016, Sec. 26-34; Ord. 3513)

9-105 Court costs; generally.

(a)In all municipal court cases there shall be a Seventy-Five and no/100 Dollars ($75.00) assessment taxed to each case filed in the municipal court of Iola, Kansas, payable by the Defendant if convicted or as assessed as part of a diversion agreement, in addition to all witness fees and mileage as authorized by K.S.A. 12-4411. Said assessment shall be designated as court costs and shall be in addition to any fine or order of restitution as may be imposed by the Municipal Court Judge.

(b)The court costs shall be dispensed first to meet mandated assessments, then the balance is to go to the Iola Municipal court for the purpose of engaging additional personnel to assist in the court’s community service program, serving of municipal warrants and assisting the municipal court clerk in the performance of his/her duties and the purchase of any necessary equipment to assist these functions. Additionally, as funds may be available they may be dispensed to philanthropic organizations as proposed by the Iola City Attorney and Municipal Court Judge and approved by the Iola City Commission.

(K.S.A. 12-4112; C.O. No. 18; Code 2018)

9-105 Same; additional costs.

(a)Attorneys fees. As part of the court costs, the Municipal Court may also assess to the Defendant, if convicted, the amount of attorneys fees and costs expended by the city if the Defendant was represented by court-appointed counsel. In determine the amount and method of payment of such sum, the court may take into account the financial resources of the Defendant and the nature of the burden that payment of such sum will impose.

(b)Incarceration fees. As part of the court costs, a fee in the amount of Twenty Dollars ($20.00) per day may be assessed against a defendant in each case in which said Defendant is incarcerated pursuant to an order to the Municipal Court Judge.

(c)Expungement fee. As part of the Court costs, the Municipal court may assess the sum of up to One Hundred fifty Dollars ($150.00) for each expungement ordered the Court.

(d)Warrant fees. The Municipal Court may assess as court costs the sum of Fifty Dollars ($50.00) against each person named or described in an arrest warrant made by the Municipal Court Judge directed to any law enforcement officer commanding the officer to arrest the person named or described.

(K.S.A. 12-4112; C.O. No. 18; Code 2018)