§ 23-19. Fine schedule.

(a)

The municipal court en banc by order that may be amended, supplemented, or repealed shall establish a schedule of fines that shall be imposed for ordinance traffic infractions. The municipal court en banc by order may also establish a schedule of fines that shall be imposed for the violation of certain ordinances other than ordinance traffic infractions. Any fine so established shall be within the minimum and maximum allowable fines established by ordinance for such offenses by the unified government board of commissioners. The following traffic violations are specifically excluded from any schedule of fines:

(1)

Reckless driving;

(2)

Driving while under the influence of alcohol, drugs, or both, or driving with a blood or breath alcohol concentration prohibited by ordinance or statute;

(3)

Driving without a valid driver's license or on a canceled, suspended, or revoked license;

(4)

Fleeing or attempting to elude a police officer; or

(5)

Any offense comparable to those proscribed by K.S.A. 8-1602, 8-1603, and 8-1604.

(b)

A person charged with the violation of an ordinance contained in a schedule of fines established under this section shall, except as provided in subsections (c) and (e) of this section, appear at the time and place specified in the notice to appear. If the person enters an appearance, waives the right to trial, and pleads guilty or no contest, the fine shall be no greater than that specified in the schedule. Costs shall be assessed in addition to the fine as otherwise provided by ordinance.

(c)

Before the time specified in the notice to appear, a person charged with the violation of an ordinance contained in a schedule of fines under this section may enter an appearance, waive the right to trial, plead guilty or no contest, and pay the fine for the violation as specified in the schedule. At the election of the person charged, such appearance, waiver, plea, and payment may be made by mail or in person, and payment may be made by personal check. The complaint shall not have been complied with if a check is not honored by any reason or if the fine and court costs are not paid in full before the time specified in the notice to appear. When a person charged with an ordinance traffic infraction or other ordinance violation on a schedule of fines makes payment without executing a written waiver of the right to trial and plea of guilty or no contest, the payment shall be deemed such an appearance, waiver of the right to trial, and plea of no contest.

(d)

The violations clerk is authorized to accept by mail or in person such voluntary appearance, waiver of trial, pleas of guilty or no contest and payment of fine imposed by the schedule. The violations clerk is authorized to assess the costs provided by this section.

(e)

If a person is charged with the violation of an ordinance or regulation concerning parking and no date for appearance is specified on the notice to appear, within ten days of the date of the violation such person shall call the traffic violations bureau of the municipal court to schedule a court date if such person wishes to plead not guilty to the charge.

(Code 1988, § 23-16; Ord. No. O-23-98, §§ 1, 2, 5-21-1998)

Cross reference

Schedule of fines for traffic infractions, § 35-72.