There is hereby created the Municipal Court of the City of Peabody, Kansas.

The Municipal Judge shall follow the Code of Procedure as outlined in K.S.A. 12 4101 and amendments thereto.

If any person be convicted of violating any ordinance for which no specific penalty is provided in such ordinance, such person may be fined in any sum not exceeding One Hundred Dollars ($100.00).

There shall be assessed against each person brought before the Municipal Court in the City of Peabody, Kansas, as applicable, the following designated sums as court costs unless such person is found not guilty:

Basic Court Costs (assessed against each person charged with a violation of the ordinances of the city): $100.00

Technology Fee (assessed against each person who is charged with a violation of the ordinances of the city): $15.00

Continuance Fee (assessed against each person for each continuance requested by them or on their behalf): $75.00

Booking Fee (assessed against each person charged with a violation of the ordinances of the city, who (i) fails or refuses to appear before the court or (ii) fails to comply and, as a result of (i) or (ii), a bench warrant is issued due to their failure or refusal): $75.00

Warrant Fee (assessed against each person who has had a bench warrant generated for their arrest): $75.00

Urinalysis Fee (assessed against each person charged with a violation of the ordinances of the city who volunteers for, or is required to submit to, urinalysis testing): $50.00

Probation Fee (assessed against each person who applies for or is otherwise granted, probation when convicted of a violation of the ordinances of the city): $250.00

Trial Fee (assessed against each person charged with a violation of the ordinances of the city and such matter is set for appearance): $250.00

Trial Decision Appeal Fee (assessed against each person who chooses to appeal a municipal court decision in Marion County District Court): $650.00

Fingerprint Fee (assessed against each person who receives fingerprinting service by the City of Peabody): $25.00

Late Fee (assessed against each person who fails to come to court on their first appearance date / arraignment date): $35.00

In addition thereto, there may be witness fees and mileage assessed against each person charged with a violation of the ordinances of the City as set forth in K.S.A. 12-4411.

Said fees as set forth above shall be designated as court costs.

The assessment and imposition of the court costs pursuant to this section shall be mandatory and the court shall not waive, remit, suspend, parole or otherwise excuse the payment thereof unless there is a determination of indigence by the court.

(C.O. No. 9; Ord. 07-2016; Code 2016)

Except as otherwise expressly provide by state law, all payments of court costs, penalties and fees assessed under this Chapter 9, Article 1 of the Code of the City of Peabody, Kansas shall be remitted to the Court in the form of cash, certified funds, personal check or credit card (a service fee will be assessed on all credit card transactions).

(Ord. 06-2008; Code 2016; Ord. 01-2018)

A Housing Fee for housing, transfer, and medical care of each inmate, consisting of the amount actually paid by the City of Peabody to the Marion County Jail, other facility, or medical provider, shall be and hereby assessed against every inmate housed for violation of the Peabody Municipal Code or at the direction of the Peabody Municipal Court, for each day prior and after conviction for an offense resulting in a conviction.

(Ord. 04-2012; Code 2016)

At the time of sentencing, the Municipal Court shall impose the Housing Fee and notify the Defendant/Inmate of the amount of such Housing Fee, if known at that time. If not paid in full at the time of sentencing, such Housing Fee shall be included in single payment plan, along with the payment of costs and fines to the court. Any restitution, child support, court costs, or fines owed by any inmate shall take priority over this Housing Fee, however,

(Ord. 04-2012; Code 2016)

If any inmate alleges the Housing Fee would create an undue hardship on the inmate, the inmate may, by Motion to the Municipal Court, request that such Housing Fee be whether such Housing Fee will, in fact, create an undue hardship on the inmate. If the Court determines the Housing Fee will create and undue hardship, the Court shall waive of reduce the Housing Fee.

(Ord. 04-2012; Code 2016)

If the inmate fails to pay such Housing Fees, the City of Peabody approval by the Marion County Jail, may garnish such inmate’s commissary account to recover such costs, if (a) the Municipal Court provided actual notice to the inmate that it intended to request garnishment and setting a reasonable deadline to challenge the proposed action by requesting a hearing with the Municipal Court; and (b) after hearing on the matter, if any, the Municipal Court determines the inmate owes the Municipal Court a Housing Fee, such Housing Fee has not been paid, and garnishment of the inmate’s commissary account is reasonable and proper. In addition to all other remedies available to the Court to collect the amount due should the inmate fail or refuse to make the promised payments under a Municipal Court-ordered payment plan, the Court may forward the unpaid debt to the City Attorney or other authorized agency or contractor for collection.

(Ord. 04-2012; Code 2016)

The inmate shall pay the Housing Fee charged pursuant to this article, by cash, check or money order, or upon approval by the Marion County Jail, by release of funds in the inmate’s commissary account. Any Housing Fees paid by the inmate, by garnishment or otherwise, shall be paid to the Municipal Court Clerk and the entire amount will be deposited in the City’s General Fund.

(Ord. 04-2012; Code 2016)

If the City is otherwise entitled to receive reimbursement or compensation for the maintenance of an inmate who is required to pay a Housing Fee, and such reimbursement or compensation constitutes the entirely of the costs maintaining such inmate, the amount paid by such inmate shall be deducted from the amount of the other reimbursement or compensation to which the City is entitled.

(Ord. 04-2012; Code 2016)