ROSE HILL MUNICIPAL COURT Located in City Council Chambers

125 West Rosewood Rose Hill, KS 67133

316-776-3000

Court Sessions: 1st & 3rd Thursday of the Month at 5:30pm

The Municipal Court is the judicial branch of the City. Traffic Violations, Misdemeanor Public Offense Violations and violations of Rose Hill City Ordinances are handled in this Court. In the Municipal Court there are no jury trials. A judge under the Code of Criminal Procedure, the Code of Municipal Courts, the Kansas Rules of Evidence and the Rose Hill Municipal Code conducts all trials. Municipal Court should not be confused with Butler County District Courts. District Court has jurisdiction over cases such as serious criminal offenses, divorce and domestic relations, damage suits, probate and administration of estates, guardianships, conservatorships, care of the mentally ill, juvenile matters and small claims.

Judge: Honorable Fred Johnson Prosecutor: Andrew Marino

Probation Officer: B.J. Kitchen

Court / Police Clerk Police Clerk

Robin Neuman Robin Long

ROSE HILL MUNICIPAL COURT

YOUR RIGHTS IN MUNICIPAL COURT

Your presence in Municipal Court today is perhaps your first experience in any Court. This brochure has been prepared to help you understand the Court proceedings and to inform you of your rights and duties. We want every person to leave this Court feeling that he or she has been treated fairly. Municipal Court is the judicial branch of City Government. Traffic violations and violations of City Ordinances are tried in Municipal Court, and upon conviction, carry a maximum fine of $2,500.00 and a possible jail term. Trials are conducted under the Code of Criminal Procedure, Code for Municipal Courts and the Kansas Rules of Evidence as adopted by the Kansas Legislature.

APPEARANCE IN COURT

When you appear in Court, you will be required to obey the following rules: 1. Appropriate clothing and shoes will be worn. 2. The wearing of hats or caps is not allowed. 3. Food and drinks are not allowed in the Courtroom. 4. While the Court is in session, talking is not allowed, except with authorized Court personnel. 5. There will be NO SMOKING in the Courtroom

BEFORE COURT BEGINS

You must decide upon and enter a plea to the charge against you. If you signed a citation in front of an Officer, you did not plead guilty, but only signed a promise to appear in Court on your appearance date. There are three possible pleas to a complaint: 1) “GUILTY” 2) “NO CONTEST” 3) “NOT GUILTY” YOUR DECISION ON WHAT PLEA TO ENTER IS THE MOST IMPORTANT DECISION YOU WILL HAVE TO MAKE. WE SUGGEST THAT YOU READ THE FOLLOWING EXPLANATIONS OF ALL THREE PLEAS BEFORE ENTERING YOUR PLEA.

PLEA OF GUILTY

By plea of “Guilty”, you admit that you committed the act charged, that the act is prohibited by law, and that you have no defense for your act. Before entering your plea of guilty, you need to understand the following: 1. The City has the burden of proving its case against you. You have the right to hear the City’s evidence and to require it to prove its case, when you go to trial. The law does not require you to prove anything.

2. If you were involved in a traffic accident at the time of the alleged offense, your plea of guilty could be used later in a civil suit for damages as an admission by you that you were at fault or were the party responsible for the accident.

PLEA OF NO CONTEST

A plea of “No Contest” simply means that you do not wish to contest the City’s charge against you, but wish to talk to the Judge about mitigating circumstances. Judgment will be entered by the Judge and some penalty will be set. A plea of no contest cannot be used against you in a civil suit for damages.

PLEA OF NOT GUILTY

A plea of “Not Guilty” means that you are informing the Court that you deny charges against you. If you plead not guilty, you will need to decide whether to employ an attorney to represent you at trial. You may defend yourself, but no one else except an attorney may represent you. However, if you are a minor (under 18 years of age), one of your parents should be present. When charged with an offense that may result in jail time as part of the sentence, you must decide whether to proceed with or without an attorney. If you want an attorney, and a judge finds you do not have the financial means to hire one, one will be appointed. You may be required to pay a portion of the cost of the court-appointed attorney. You have no choice in the selection of a court-appointed attorney. If you defend yourself, please consult the following sections of this brochure regarding the trial procedure and the manner of presenting your case. Under our American system of justice, all persons are presumed to be innocent until proven guilty beyond a reasonable doubt. On a plea of “Not Guilty”, a trial is held and the City is required to prove all the allegations against you as contained in the formal complaint “beyond a reasonable doubt”, before a verdict of guilty can be reached.

THE TRIAL

Under Kansas law, you can be brought to trial only after a complaint or traffic citation has been filed. The complaint or citation is a document which alleges what you are supposed to have done, and that your actions were unlawful.

You have the right to inspect this complaint before trial, and have it read to you at trial. You do NOT have the right to have your case tried before a jury in Municipal Court. You are entitled to hear all testimony introduced against you.

You have a right to testify in your own behalf. You also have a constitutional right not to testify. If you choose not to testify, your refusal cannot and will not be used against you in determining your guilt or innocence. However, if you do choose to testify, the prosecutor will have the right to cross-examine you. You may call witnesses to testify in your own behalf. You also have the right to have the court issue subpoenas for witnesses to ensure their appearance at trial. However, you must furnish the names, addresses and telephone numbers of these witnesses to the Court, at least 10 working days before your trial date, so that the witnesses may be located and the subpoenas served.

PRESENTING THE CASE

As in all trials, the City will present its case first by calling witnesses to testify against you.

After each prosecution witness has finished his or her testimony, you will have the right to cross-examine him or her. Your examination must be in the form of questions and you must not argue with the witness. Do not attempt to tell your side of the story at this time. You will have an opportunity to do so later in the trial. After the prosecution has presented its case, you may present your case. You have the right to call any witness who knows anything about the incident, and to introduce exhibits such as photographs and diagrams.

THE VERDICT

The verdict of the Judge will be based on the testimony which sounds most reasonable and on the facts presented during the trial. In making his/her determination, he/she may only consider the testimony of the witnesses who are under oath. If you are found guilty by the Judge, he/she will announce the penalty at the time. You should be prepared to pay the fine at this time. However, you may be granted an extension of (10) days to appeal the ruling of the Judge, and a $10.00 administrative fee will be required.

RIGHT TO APPEAL

If you are not satisfied with the judgment of the Court, you have the right to appeal your case to the county District Court. If you do appeal the Judge’s judgment, you must file a written notice of appeal with the Clerk of the District Court of the county in which the Municipal Court is located, deliver a copy to the City Attorney’s office, and post an Appeal Appearance Bond in the amount set out by the Judge. The appeal must be filed within (10) days from the date of judgment.

After filing your appeal, you will be assigned a new court date to appear in District Court for a new arraignment date. After arraignment, another date will then be scheduled for a completely new trial before a different Judge or jury in the county District Court.

FINES The amount of fine assessed by the Court is affected by the facts and circumstances of the case. Mitigating circumstances may lower the fine, even if you are guilty. However, aggravating circumstances may increase the fine. A fine will not exceed $500.00 for most traffic violations; and up to $2,500.00 for City ordinance violations involving driving under the influence of intoxicating liquor or drugs.

ACCIDENT CASES

The Municipal Court has no jurisdiction over damages caused by an auto accident. Settlement of damages is a matter for a Civil Court to decide, and in order to recover for any damages you will have to file a separate civil suit in another Court. Municipal Courts hear only Criminal misdemeanor cases involving violations of City Ordinances.

STATE FEES

Effective July 1, 2002, the State of Kansas has ordered the Municipal Courts to collect a $19.00 fee on each case that involves a moving violation, criminal charge, or violation of a City Ordinance. $7.00 is forwarded to the State of Kansas and goes to the Law Enforcement Training Center Fund, $1.00 is for the Victims of Domestic Violence, and $1.00 goes to a Trauma Fund. There is also a $.50 fee for the Judicial Education Fund

Because of the orders, the City is required to collect $19.50, which is forwarded to the State of Kansas. This $19.50 is factored into your Court Cost amount as stated on your Notice to Appear.

The Municipal Court Process Under Kansas Law, a person can be brought to trial only after a complaint or traffic citation has been filed. The complaint or citation is a document that outlines what the person is charged with, and states that the action is unlawful. As a defendant, you have a right to inspect the complaint or citation before trial and have it read to you. The process you must go through as a defendant, or person charged with a violation, involves the subject below: * Arraignment * Plea Agreement * Trial * Sentencing * Appealing a Conviction * Expungement Arraignment Arraignment is the term used for the time scheduled for a defendant to appear in court to enter a plea. For traffic infractions, the court date and time entered on the bottom of the citation is your notice to appear for arraignment. If you are charged with a misdemeanor, you may be placed in custody and required to post a bond prior to release. If you are unable to post bond, you will be held until the next court date, when you will have a hearing before the judge. At the arraignment, you will be given an opportunity to enter a plea. If you signed a traffic citation in front of an Officer, it does not mean you have entered a plea – it means you have promised to appear. You may enter a plea of: * Guilty: you admit to committing the act charged, that the act is unlawful, and that you have no

defense for the act. In most minor traffic cases, a guilty plea and fine will be accepted through the mail or by phone.

* Not Guilty: you deny guilt and that the City must prove in trial that the charges are true beyond a

reasonable doubt. Everyone is presumed innocent until proven guilty. * No Contest: you do not wish to contest the City’s charge. Upon a plea of no contest, the judge will

enter a finding of guilty and order a fine, jail time or other sentence. A plea of no contest is not an admission of fault and cannot be used against you in a civil suit for damages.

The Right to an Attorney In all Municipal Court cases, you have a right to representation by an attorney. When charged with an offense that may result in jail time, you must decide whether to proceed with or without an attorney. If you want an attorney but cannot afford to hire one, the Judge will appoint an attorney after finding that you do not have the financial means to hire one. Plea Agreement Many Court cases, infraction and misdemeanor, are concluded without a trial. A case may be disposed of without a trial through a plea agreement or diversion program. Under a plea agreement, you agree to plead guilty or no contest to certain charges and the prosecutor agrees to ask the court to dismiss others. Sometimes a prosecutor may amend the complaint to a lesser charge, or be more lenient on sentencing recommendations if you agree to plead guilty. The prosecutor cannot initiate plea negotiations. The prosecutor has no obligation to discuss or negotiate your case. In plea negotiations, a prosecutor will consider the effect of the offense on the victim, your criminal history, and the seriousness of the offense. Please remember that a plea agreement is made with the prosecutor. The judge is not bound by the plea negotiations and may reject any agreements. Another type of plea agreement is called diversion. In some cases, if you are qualified and apply, a prosecutor may place you in a diversion program instead of proceeding with a trial. In diversion, you enter into a contract to comply with certain conditions and agree to be supervised by a probation officer for a period of time, usually a year. Other conditions of diversion may include attending classes, counseling, restitution, or a no-contact order with the victim(s). When entering into a diversion contract, there may be a fee from $200 to $1,000, depending on the nature of the charges. Any evaluation, education, or treatment programs required as a part of the agreement will be at your own expense, but some may be included in the diversion fee. You will not be allowed to consume alcohol or drugs while on diversion, and may be required to submit to testing. By agreeing to the conditions of diversion, you give up the right to a speedy trial, the right to confront witnesses, and the right to present evidence. However, if you successfully complete all of the conditions in the agreement, the charges against you will be dismissed. If you fail to comply with a condition, the diversion agreement may be terminated, the charges against you immediately reinstated, and a trial will be held on the police reports alone. Diversion is only for first time offenders and those who do not appear likely to engage in further criminal conduct. Remember: plea agreements and diversion are done solely at the discretion of the prosecutor. Both are a privilege, not a right.

Trial Under Kansas Law, a person can be brought to trial only after a complaint or traffic citation has been filed. The complaint or citation is a document that outlines what the person is accused of, and states that the action(s) is unlawful. The person being charged is referred to as the defendant. If you enter a plea of not guilty, it means you deny guilt and the City must prove its charges. Under our American system of justice, everyone is presumed innocent until proven guilty beyond a reasonable doubt. In a trial, the burden of proof is on the City to prove that the defendant is guilty of the charges outlined in the complaint or citation. Jury trials are not held at the Municipal Court level. A judge, who reaches a verdict and imposes the sentence, hears all testimony. In all Municipal Court cases, you have a right to representation by an attorney. If you do not choose to be represented by an attorney, you may act as your own attorney. This is called appearing pro se. In a trial, the prosecutor will begin by calling witnesses to testify against you. After each prosecution witness testifies, you have a right to cross-examine each witness. Your cross-examination must be in the form of questions; you are not allowed to argue with a witness. This is not the time for you to tell your side of the story. That opportunity comes later in the trial. After the prosecution has presented its case, you have the right to call any witness who knows anything about the incident. You have the right to have the Court issue subpoenas for witnesses to ensure their appearance at trial. You have the right to testify and you have a constitutional right not to testify. Choosing not to testify will not be used against you in determining guilt or innocence. However, if you do testify, the prosecutor will have the right to cross-examine you. Sentencing At the conclusion of a trial in Municipal Court, the judge will reach a verdict based on the City ordinance involved, the testimony, and the facts presented. If the judge enters a verdict of guilty, the penalty will be announced at that time or after a pre-sentence investigation. Sentencing Options in Municipal Court: * Jail time may be ordered for certain offenses. All persons sentenced to jail time in Rose Hill

Municipal Court are sent to Butler County Detention in El Dorado, Kansas. * Fines and fees may be assessed, and the amount is affected by the facts and circumstances of the

case. Mitigating circumstances may lower the fine, even if you are found guilty. Aggravating circumstances may increase the fine.

Fines for most traffic offenses do not exceed $500, and fines for Misdemeanor Public Offenses and City Ordinance violations generally do not exceed $2,500. If you are found guilty, court costs and other fees are added to the fine amount. * Probation is a conditional release granted to a defendant following conviction. During your

probation period you will be supervised by a probation officer, and will be required to meet

certain conditions. If you fail to meet any of those conditions you may be required by the Judge to serve jail time and/or pay fines.

* Community Service Work is a program of supervised work utilizing several community agencies and businesses. * Restitution can be court-ordered in cases involving financial loss directly related to the crime you

are convicted of. Appealing a Conviction Anyone found guilty in Municipal Court has a right to appeal the conviction to the District Court of Butler County, Kansas. To appeal, you must post a bond determined by the court, and file a proper notice either with the Municipal Court Clerk, or at the District Court office. You have 10 (ten) business days after a conviction to file a “Notice of Appeal.” In the District Court, you are entitled to a trial de novo, or a whole new trial as though the Municipal Court trial had never taken place. It may take a few months for an appeal case to be heard by the District Court. Your appeal bond receipt sets forth the time and place for the first appearance in District Court. If you fail to appear at that time, or any other time during the course of the appeal, your appearance bond will be forfeited and the case will be returned to the Municipal Court for execution of the fine and sentence that were initially imposed. Expungement In Municipal Court, if you are found not guilty, if your case is dismissed, or if you are convicted, you may petition for expungement. Expungement means that the case information will be considered ‘erased’ and the public will not have access to the information, except in certain situations. You may petition for expungement of most City ordinance convictions after three (3) years if you have satisfied the sentence imposed. The time frame is five (5) years for convictions including Leaving the Scene of an Accident, Driving Under the Influence, Driving While Suspended, and Failing to Maintain Insurance Liability. Once you have petitioned for expungement, the court will set a hearing date and send a notice to the prosecutor. Anyone who has relevant information about you may testify at the hearing. The Court may look into your background and will be given access to any reports or records that may be on file with the Secretary of Corrections or the Kansas Adult Authority. At the hearing, your case information may be expunged if the Court finds: * You have not been convicted of a felony in the last two years, and no criminal proceedings are currently pending or being instituted. * Your behavior and circumstances warrant it.

* Expungement is consistent with the public welfare. Once an order of expungement is issued, you will be treated as though you were never convicted of a crime, unless: * You are convicted of another crime. In that case, the conviction that was expunged can be viewed as a prior conviction at sentencing. * You apply for admission, or for an order of reinstatement to the practice of law in this state. * You apply for employment with a criminal justice agency, private detective agency, private patrol

agency, or with the Department of Social and Rehabilitation Services. * You apply for a job with the Kansas Lottery or Racing Commissions. * You apply for a commercial driver’s license. Other circumstances as determined by the Judge.

Traffic Ticket Information Traffic tickets issued for violation of the City of Rose Hill ordinances come in many flavors. There are speeding and minor traffic infractions, defective equipment (i.e. head light out), no proof of current insurance or no driver’s license in possession, and more serious offenses such as driving while suspended. All may be handled in several different ways. Speeding and Minor Traffic Infraction When you receive a ticket for speeding or a minor traffic infraction, a court date is assigned by the officer and placed on the bottom of the citation. You may either appear on that date, or pay the fine and costs associated with the violation prior to that date. Rose Hill Municipal Court does not offer diversions for traffic infractions. However, you may choose to negotiate a resolution with the prosecutor. For that, you must appear in court on the assigned date. Defective Equipment If you received a citation for faulty equipment, take the repaired vehicle and ticket to the Police Department. If repaired before the court date on the ticket, the Police Department will notify the court and the violation will be dismissed with no costs. If repaired after the court date on the ticket, but before a warrant is issued, the Police Department will notify the court and the violation will be dismissed with costs of $40.00. No citations will be dismissed once a warrant is issued! The Police Department is located at City Hall, 125 W. Rosewood, Rose Hill, Kansas.

Proof of Insurance Insurance violations will be dismissed by the Judge if insurance verification is brought to the court office prior to the court date on the citation, or at court if appearing. The verification MUST include the make and year of the vehicle, insurance company (not the agent), name and date of coverage inclusive of the date the ticket was written. If you did not have insurance on the date of the ticket, you must appear in court. Serious penalties can result if ‘no insurance’ citations are not handled correctly. More Serious Traffic Offenses When you receive a traffic ticket for a serious offense, such as Reckless Driving, Driving While Suspended, Transporting Open Container, Driving Under the Influence of Alcohol or Drugs – you must appear in Municipal Court. If you plead ‘not guilty,’ a trial date will be scheduled for you at that time and date of your court appearance. If you do not appear at that time and date to attend your hearing, a bench warrant may be issued and your driver’s license suspended. When your driver’s license is suspended, you must pay an addition $50.00 per charge to get the license reinstated. Remember – you may be arrested on a warrant if you do not show up in Court for your scheduled hearing. Driver’s License Suspensions If your driver’s license has been suspended because of unpaid fines in Rose Hill Municipal Court, please contact the Court Clerk by phone or in person. The Clerk will be able to assist you with this type of suspension of your driver’s license. Municipal Court, 125 W. Rosewood, Rose Hill, Kansas 67133, 316-776-3000 If your driver’s license is suspended for any reason other than through Rose Hill Municipal Court, then you must contact the Division of Motor Vehicles. Kansas Department of Revenue, Division of Motor Vehicles, State Office Building Topeka, Kansas 66612, 785-296-3671

Paying a Ticket or Fine There are several options for paying a ticket or fine. Those that do not require a court appearance can be paid by phone (credit card), by mail, via a drop-off box, or by coming to the court office. The signed ticket, and a check or money order for payment must be included in an envelope for mail and drop-offs. * Phone number for credit card payments is 316-776-3000. Please have your card with you when calling, for information requested. * Mail to: Rose Hill Municipal Court, P.O. Box 185, Rose Hill, KS 67133.

* Drop-off box: Use drop box for Water Bills located at City Hall, 125 W. Rosewood, Rose Hill, KS, at front of building on east of entrance doors. * Court Office: located at City Hall, 125 W. Rosewood, Rose Hill, KS, on west side of building after entering front doors.

ROSE HILL MUNICIPAL COURT FINE SCHEDULE Standard Traffic Ordinance Book

Uniform Public Offense Code Book

ORD. # ART. # SEC. # DESCRIPTION FINE COSTS TOTAL CODE

Ord. 518 4 6 Obey Persons Directing Traffic COURT $50.00 COURT 1503

Ord. 518 4 12 Disobey Traffic Control Device $40.00 $50.00 $90.00 1507

Ord. 518 4 13 Violate Traffic Control Signal $40.00 $50.00 $90.00 1508

Ord. 518 4 13.1 Traffic Control Signal Preemption Devices COURT $50.00 COURT 1113

Ord. 518 4 14 Violate Pedestrian-Control Signal $30.00 $50.00 $80.00 1509

Ord. 518 4 15 Violate Flashing Traffic Signal $40.00 $50.00 $90.00 1510

Ord. 518 4 16 Violate Lane-Direction-Control Signal $40.00 $50.00 $90.00 1511

Ord. 518 4 17 Display Unauthorized Signs, Signals $30.00 $50.00 $80.00 1512

Ord. 518 4 18 Interference w/Official Traffic Control Device $50.00 1499

Ord. 518 4 23 Failure to Report Injury Accident COURT $50.00 COURT 1602

Ord. 518 5 24 Failure to Report Non-Injury Accident COURT $50.00 COURT 1603

Ord. 518 5 25 Failure to Render Aid COURT $50.00 COURT 1604

Ord. 518 5 26 Failure to Report Accident (Unattended / Other Property) COURT $50.00 COURT 1605

Ord. 518 5 27 Duty to Report Accident COURT $50.00 COURT 1606

Ord. 518 5 28 False Reports (Accidents) COURT $50.00 COURT 1608

Ord. 518 6 29 Reckless Driving - 1st Offense COURT $50.00 COURT 1566

Reckless Driving - 2nd Offense COURT $50.00 COURT 2566

Ord. 518 6 30 Driving Under the Influence - 1st Offense COURT $50.00 COURT 1567

DUI - 2nd Offense COURT $50.00 COURT 2567

Ord. 518 6 30.1 DUI Commercial Vehicle COURT $50.00 COURT 2127

Ord. 518 6 30.2 Refusal of PBT $100.00 $50.00 $150.00 1012

Ord. 518 6 30.3 Tamper w/Interlock Device COURT $50.00 COURT 1017

Ord. 518 6 31 Attempt to Elude - 1st Offense COURT $50.00 COURT 1568

Attempt to Elude - 2nd Offense COURT $50.00 COURT 2568

Ord. 518 7 32 Basic Speed Rule (or Unsafe Speed for Conditions) $40.00 $50.00 $90.00 1335

ORD. # ART. # SEC. # DESCRIPTION FINE COSTS TOTAL CODE

Ord. 518 7 33 Speed Over Posted Limit, 0-6mph $30.00 $50.00 $80.00 0006

Speeding 7-10mph $30.00 $50.00 $80.00 0010

Speeding 11-15mph $40.00 $50.00 $90.00 1115

Speeding 16-20mph $50.00 $50.00 $100.00 1620

Speeding 21-25mph $75.00 $50.00 $125.00 2125

Speeding 26-30mph $100.00 $50.00 $150.00 2630

Speeding 31-35mph $125.00 $50.00 $175.00 3135

Speeding 36-40mph $150.00 $50.00 $200.00 3640

Speeding 41-44mph $200.00 $50.00 $250.00 4144

Ord. 518 7 34 Minimum Speed Regulation $30.00 $50.00 $80.00 1561

Ord. 518 7 35 Speeding on Motor-Driven Cycle $40.00 $50.00 $90.00 1562

Ord. 518 7 37 Exhibition of Speed COURT $50.00 COURT 1565

Exhibition of Speed - 2nd Conviction within one year COURT $50.00 COURT 2204

Exhibition of Speed - 3rd Conviction within one year COURT $50.00 COURT 8251

Ord. 518 8 38 Driving on Right Side of Roadway $40.00 $50.00 $90.00 1513

Driving on Left Side of Roadway $40.00 $50.00 $90.00 1514

Ord. 518 8 39 Passing Vehicle Proceeding in Opposite Direction $40.00 $50.00 $90.00 1515

Ord. 518 8 40 Overtaking a Vehicle on the Left $40.00 $50.00 $90.00 1516

Ord. 518 8 41 Improper Passing on the Right $40.00 $50.00 $90.00 1517

Ord. 518 8 42 Passing on Left w/Insufficient Clearance $40.00 $50.00 $90.00 1519

Ord. 518 8 43 Driving Left of Center $40.00 $50.00 $90.00 1518

LOC - Further Limitations $40.00 $50.00 $90.00 1500

Ord. 518 8 44 No-Passing Zones $40.00 $50.00 $90.00 1520

Ord. 518 8 45 Driving on One-Way Road $40.00 $50.00 $90.00 1521

Ord. 518 8 46 Driving on Laned Roadway $40.00 $50.00 $90.00 1522

Ord. 518 8 47 Following Too Closely $40.00 $50.00 $90.00 1523

Ord. 518 8 48 Improper Cross-Over on Highway $30.00 $50.00 $80.00 1524

Ord. 518 9 49 Improper Turn or Approach $40.00 $50.00 $90.00 1545

Ord. 518 9 51 No U-Turns $40.00 $50.00 $90.00 1546

ORD. # ART. # SEC. # DESCRIPTION FINE COSTS TOTAL CODE

Ord. 518 9 53 Unsafe Starting of Stopped Vehicle $30.00 $50.00 $80.00 1547

Ord. 518 9 54 Failure to Signal $40.00 $50.00 $90.00 1548

Ord. 518 9 55 Signals by Hand & Arm or Signal Lamps $30.00 $50.00 $80.00 1549

Ord. 518 9 56 Improper Hand Signals $30.00 $50.00 $80.00 1550

Ord. 518 10 57 Failure to Yield at Intersection $40.00 $50.00 $90.00 1526

Ord. 518 10 58 Vehicle Turning Left $40.00 $50.00 $90.00 1527

Ord. 518 10 59 Stop Sign Violation $40.00 $50.00 $90.00 1528

Ord. 518 10 60 Failure to Yield from Private Road $40.00 $50.00 $90.00 1529

Ord. 518 10 61 Failure to Yield to Emergency Vehicle $85.00 $50.00 $135.00 1530

Ord. 518 10 62 Failure to Yield to Pedestrian/Vehicle Construction $30.00 $50.00 $80.00 1531

Ord. 518 11 63 Disobey Pedestrian Traffic-Control Device $30.00 $50.00 $80.00 1532

Ord. 518 11 64 Failure to Yield to Pedestrian's Right-of-Way $40.00 $50.00 $90.00 1533

Ord. 518 11 65 Improper Pedestrian Crossing $30.00 $50.00 $80.00 1534

Ord. 518 11 66 Drivers to Exercise Due Care $30.00 $50.00 $80.00 1535

Ord. 518 11 67 Improper Pedestrian Movement in Crosswalk $30.00 $50.00 $80.00 1536

Ord. 518 11 68 Pedestrians on Highways $30.00 $50.00 $80.00 1537

Ord. 518 11 69 Pedestrians Soliciting Rides or Business $30.00 $50.00 $80.00 1538

Ord. 518 11 70 Driving Through Safety Zone $40.00 $50.00 $90.00 1539

Ord. 518 11 71 Failure to Yield to Pedestrian on Sidewalk $30.00 $50.00 $80.00 1540

Ord. 518 11 72 Failure of Pedestrian to Yield to Emergency Vehicle $30.00 $50.00 $80.00 1541

Ord. 518 11 73 Failure to Yield to Blind Pedestrian $40.00 $50.00 $90.00 1542

Ord. 518 11 74 Pedestrian Under the Influence of Alcohol or Drugs COURT $50.00 COURT 1543

Ord. 518 11 75 Pedestrian Disobey Railroad Signal $60.00 $50.00 $110.00 1544

Ord. 518 12 76 Failure to Obey Railroad Crossing Gates $150.00 $50.00 $200.00 1551

Ord. 518 12 77 Failure to Stop at RR Crossing Stop Sign $85.00 $50.00 $135.00 1552

Ord. 518 12 78 Failure of Hazardous Vehicle to Stop at RR Crossing $100.00 $50.00 $150.00 1553

ORD. # ART. # SEC. # DESCRIPTION FINE COSTS TOTAL CODE

Ord. 518 12 79 Moving Heavy Equipment at Railroad Crossing $30.00 $50.00 $80.00 1554

Ord. 518 12 80 Vehicle Emerging from Alley, Private Roadway, $40.00 $50.00 $90.00 1555

Building or Driveway

Ord. 518 12 81 Overtaking and Passing School Bus $150.00 $50.00 $200.00 1556

Ord. 518 12 82 Improper Passing of Church or Day-Care Bus; $85.00 $50.00 $135.00 1557

Improper Use of Signals

Ord. 518 13 83 Improper Stop / Park / Stand on Roadway $1.00 $10.00 $11.00 1569

Ord. 518 13 85 Park / Stand / Stop in Prohibited Area $1.00 $10.00 $11.00 1571

Ord. 518 13 86 Improper Parking $1.00 $10.00 $11.00 1572

Ord. 518 13 87 Parking in Handicap Accessible $50.00 $25.00 $75.00 1610

Ord. 518 13 88a Trespass to Park $25.00 $25.00 $50.00 1560

Ord. 518 13 93 Parking Disabled Vehicle COURT $50.00 COURT 1102

Ord. 518 13 93a Parking Certain Vehicles & Trailers in Prohibited Areas $50.00 $10.00 $60.00 0093

Ord. 518 13 96 Park in "No Parking" Zone $1.00 $10.00 $11.00 1570

Ord. 518 14 103 TV Screen Visible to Driver $30.00 $50.00 $80.00 1748

Ord. 518 14 104 Inattentive Driving COURT $50.00 COURT 1040

Ord. 518 14 106 Transporting an Open Container (TOC) COURT $50.00 COURT 8040

Ord. 518 14 107 Unattended Vehicle $20.00 $50.00 $70.00 1573

Ord. 518 14 108 Obstruction of Driver's View $30.00 $50.00 $80.00 1576

Ord. 518 14 109 Coasting $30.00 $50.00 $80.00 1580

Ord. 518 14 109.1 Motorized Skateboards $40.00 $50.00 $90.00 1014

Ord. 518 14 110 Following Fire Apparatus Too Closely $40.00 $50.00 $90.00 1581

Ord. 518 14 111 Driving Over a Fire Hose $40.00 $50.00 $90.00 1582

Ord. 518 14 112 Putting Glass on Highway $50.00 $50.00 $100.00 1583

Ord. 518 14 113 Stop When Traffic Obstructed $30.00 $50.00 $80.00 1584

Ord. 518 14 114 Improper Operation of Snowmobile on Highway $30.00 $50.00 $80.00 1585

Ord. 518 14 114.1 Unlawful Operation of All-Terrain Vehicle $30.00 $50.00 $80.00 1141

ORD. # ART. # SEC. # DESCRIPTION FINE COSTS TOTAL CODE

Ord. 518 14 115 Unlawful Riders; Persons 14 Years of Age & Older COURT $50.00 COURT 1150

Ord. 518 14 116 Driving on Sidewalk $30.00 $50.00 $80.00 1575

Ord. 518 14 117 Improper Backing $30.00 $50.00 $80.00 1574

Ord. 518 14 118 Drive Thru Private Property to Avoid Traffic Control $40.00 $50.00 $90.00 1180

Ord. 518 14 123 Unsafe Opening of Vehicle Door $30.00 $50.00 $80.00 1577

Ord. 518 14 124 Riding in a House Trailer $30.00 $50.00 $80.00 1578

Ord. 518 14 125 Drive Across Lawns, Sidewalks, Yards, etc. COURT $50.00 COURT 1348

Ord. 518 14 206 Careless Driving COURT $50.00 COURT 2060

Ord. 518 15 127 Parental Responsibility of Children on Bicycles $30.00 $50.00 $80.00 1586

Ord. 518 15 129 Too Many People on Bicycle $30.00 $50.00 $80.00 1588

Ord. 518 15 130 Clinging to Other Vehicle $30.00 $50.00 $80.00 1589

Ord. 518 15 131 Improper Riding of Bicycle on Roadway $30.00 $50.00 $80.00 1590

Ord. 518 15 132 Carrying Articles on Handlebar of Bicycle $30.00 $50.00 $80.00 1591

Ord. 518 15 133 Improper Bike Lamps, Brakes, Reflectors $30.00 $50.00 $80.00 1592

Ord. 518 16 138 Improper Operation of Motorcycle $30.00 $50.00 $80.00 1594

Ord. 518 16 139 Improper Operation of Motorcycle on Laned Roadway $40.00 $50.00 $90.00 1595

Ord. 518 16 140 Motorcycle Clinging to Other Vehicle $30.00 $50.00 $80.00 1596

Ord. 518 16 141 Improper Motorcycle Handlebars & Footrests $40.00 $50.00 $90.00 1597

Ord. 518 16 142 Motorcycle Helmet & Eye Protection Requirements $30.00 $50.00 $80.00 1598

Ord. 518 17 143 Equipment Offenses that are not Misdemeanors $40.00 $50.00 $90.00 1701

Ord. 518 17 144 Driving Without Lights When Needed $40.00 $50.00 $90.00 1703

Ord. 518 17 146 Defective Headlamps $30.00 $50.00 $80.00 1705

Ord. 518 17 147 Defective Tail / Tag Lights $20.00 $50.00 $70.00 1706

Ord. 518 17 148 Defective Reflectors $30.00 $50.00 $80.00 1707

Ord. 518 17 149 Improper Stop / Turn Signal $30.00 $50.00 $80.00 1708

ORD. # ART. # SEC. # DESCRIPTION FINE COSTS TOTAL CODE

Ord. 518 17 151 Improper Lighting Equipment $30.00 $50.00 $80.00 1710

Ord. 518 17 152 Improper Lamp Color $30.00 $50.00 $80.00 1711

Ord. 518 17 153 Improper Mounting of Reflectors and Lamps $30.00 $50.00 $80.00 1712

Ord. 518 17 154 Improper Visibility of Reflectors and Lamps $30.00 $50.00 $80.00 1713

Ord. 518 17 156 No Lamp / Flag on Projecting Load $40.00 $50.00 $90.00 1715

Ord. 518 17 157 Improper Lamps on Parked Vehicle $30.00 $50.00 $80.00 1716

Ord. 518 17 158 Lamps on Other Vehicles and Equipment $30.00 $50.00 $80.00 1718

Ord. 518 17 159 Unlawful Use of Fog / Auxiliary / Spot Laps $30.00 $50.00 $80.00 1719

Ord. 518 17 160 Improper Lamps on Emergency Vehicle $30.00 $50.00 $80.00 2010

Ord. 518 17 161 No Brake Lights $30.00 $50.00 $80.00 1721

Ord. 518 17 162 Improper Vehicular Hazard Warning Lights $30.00 $50.00 $80.00 1722

Ord. 518 17 163 Unauthorized Additional Lighting Equipment $30.00 $50.00 $80.00 1723

Ord. 518 17 164 Improper Multiple Beam Lights $30.00 $50.00 $80.00 1724

Ord. 518 17 165 Failure to Dim Headlights $30.00 $50.00 $80.00 1725

Ord. 518 17 166 Improper Single Beam Headlight $30.00 $50.00 $80.00 1726

Ord. 518 17 167 Improper Speed with Alternate Light $30.00 $50.00 $80.00 1727

Ord. 518 17 168 Improper Number of Driving Lamps $30.00 $50.00 $80.00 1728

Ord. 518 17 169 Unauthorized Lights and Signals $30.00 $50.00 $80.00 1729

Ord. 518 17 170 Improper School Bus Lighting Equipment $30.00 $50.00 $80.00 1730

Ord. 518 17 171 Unauthorized Lights/Devices on Church/Day-Care Bus $30.00 $50.00 $80.00 1732

Ord. 518 17 172 Improper Lights on Maintenance Vehicle $30.00 $50.00 $80.00 1731

Ord. 518 17 173 Defective Brakes $30.00 $50.00 $80.00 1734

Ord. 518 17 174 Defective or Improper Use of Horn $30.00 $50.00 $80.00 1738

Ord. 518 17 175 Defective Muffler & Noise Prevention Muffler $30.00 $50.00 $80.00 1739

Ord. 518 17 175.1 Compression Release Engine Braking System $30.00 $50.00 $80.00 1506

Ord. 518 17 176 Defective Mirror $30.00 $50.00 $80.00 1740

Ord. 518 17 177 Defective Wipers / Obstruction $30.00 $50.00 $80.00 1741

ORD. # ART. # SEC. # DESCRIPTION FINE COSTS TOTAL CODE

Ord. 518 17 178 Improper Tires $30.00 $50.00 $80.00 1742

Ord. 518 17 181 One-Way Glass (Illegal Tint) COURT $50.00 COURT 1749

Ord. 518 17 182a1 No Child Safety Restraing, under 4yoa $60.00 $0.00 $60.00 1343

Ord. 518 17 182a2 No Child Safety Restraint, 4-8yoa $60.00 $0.00 $60.00 1344

Ord. 518 17 182.1 No Seat Belt $60.00 $0.00 $60.00 2503

Ord. 518 17 182.2 Unlawful Riders; Persons Under Age 14 COURT $50.00 COURT 1151

Ord. 518 18 183 Defective Motorcycle Headlamp $30.00 $50.00 $80.00 1801

Ord. 518 18 184 Defective Motorcycle Tail Lamp $30.00 $50.00 $80.00 1802

Ord. 518 18 185 Defective Motorcycle Reflector $30.00 $50.00 $80.00 1803

Ord. 518 18 186 Defective Motorcycle Stop Lamps & Turn Signals $30.00 $50.00 $80.00 1804

Ord. 518 18 187 Defective Motorcycle Multiple Beam Light $30.00 $50.00 $80.00 1805

Ord. 518 18 188 Improper Light on Motorcycle $30.00 $50.00 $80.00 1806

Ord. 518 18 189 Brake Equipment Required on Motorcycle $30.00 $50.00 $80.00 1807

Ord. 518 18 190 Improper Performance Ability of Brakes on Motorcycle $30.00 $50.00 $80.00 1808

Ord. 518 18 191 Defective Horn, Muffler, Mirrors or Tires on Motorcycle $30.00 $50.00 $80.00 1810

Ord. 518 19 192 No Driver's License COURT $50.00 COURT 2350

Ord. 518 19 193 No Driver's License in Possession COURT $50.00 COURT 2440

Ord. 518 19 194 Suspended Driver's License - 1st Offense COURT $50.00 COURT 1257

Suspended Driver's License - 2nd Offense COURT $50.00 COURT 2257

Suspended Driver's License - 3rd Offense COURT $50.00 COURT 3257

Ord. 518 19 194 Revoked Driver's License - 1st Offense COURT $50.00 COURT 1262

Revoked Driver's License - 2nd Offense COURT $50.00 COURT 2262

Revoked Driver's License - 3rd Offense COURT $50.00 COURT 3700

Ord. 518 19 195 Violation of Restrictions - 1st Offense COURT $50.00 COURT 1291

Violation of Restrictions - 2nd Offense COURT $50.00 COURT 2291

Ord. 518 19 195.1 Driving While Habitual Violator COURT $50.00 COURT 0287

Ord. 518 19 196 Allow Unauthorized Operator $50.00 0264

Ord. 518 19 197 Allow Unauthorized Minor to Drive COURT $50.00 COURT 1292

ORD. # ART. # SEC. # DESCRIPTION FINE COSTS TOTAL CODE

Ord. 518 19 198 Expired Tag $50.00 $50.00 $100.00 1420

Illegal Tag $100.00 $50.00 $150.00 1421

Obstructed Tag $50.00 $50.00 $100.00 1423

Expired Registration $50.00 $50.00 $100.00 1422

Ord. 518 19 199 Unlawful Use of License COURT $50.00 COURT 2600

Ord. 518 19 200 No Proof Current Insurance - 1st Offense COURT $50.00 COURT 3104

No Proof Current Insurance - 2nd Offense COURT $50.00 COURT 4104

Ord. 518 19 202 Parties to a Violation COURT $50.00 COURT 2101

Ord. 518 20 204 Construction Zone - double fines 2202

Ord. 518 20 207 Failure to Appear (FTA) $25.00 $0.00 $25.00 0001

Ord. 518 2 14-206 Parking Regulations on Certain Property $1.00 $10.00 $11.00 3980

Statute 8-1327 Unlawful Use of I.D. Card COURT $50.00 COURT 1327

Ord. 519 3 3.1 Battery COURT $50.00 COURT 3412

Ord. 519 3 3.1.1 Battery, Domestic Violence - 1st Offense COURT $50.00 COURT 3216

Battery, Domestic Violence - 2nd Offense COURT $50.00 COURT 3611

Ord. 519 3 3.2 Battery Against a Law Enforcement Officer COURT $50.00 COURT 3413

Ord. 519 3 3.2.1 Sexual Battery COURT $50.00 COURT 3517

Ord. 519 3 3.3 Assault COURT $50.00 COURT 3408

Ord. 519 3 3.4 Assault on Law Enforcement Officer COURT $50.00 COURT 3409

Ord. 519 3 3.5 Unlawful Interference with Firefighter COURT $50.00 COURT 3416

Ord. 519 3 3.6 Unlawful Restraint COURT $50.00 COURT 3140

Ord. 519 3 3.8 Violation PFA COURT $50.00 COURT 3107

Ord. 519 3 3.8.1 Violation No Contact Order COURT $50.00 COURT 3843

Ord. 519 3 3.9 Criminal Defamation COURT $50.00 COURT 4004

Ord. 519 4 4.1 Lewd, Lascivious Behavior COURT $50.00 COURT 3508

Ord. 519 5 5.1 Contributing to a Child's Misconduct or Deprivation COURT $50.00 COURT 3612

Ord. 519 5 5.2 Furnishing Alcoholic Liquor or CMB to a Minor COURT $50.00 COURT 3610

Ord. 519 5 5.3 Unlawful Host Minor Consumption Alcohol/CMB COURT $50.00 COURT 3609

Ord. 519 5 5.4 Endangering a Child COURT $50.00 COURT 3608

ORD. # ART. # SEC. # DESCRIPTION FINE COSTS TOTAL CODE

Ord. 519 5 5.6 Possession Cigarettes/Tobacco by Minor $25.00 $50.00 $75.00 3321

Ord. 519 5 5.7 Furnishing Cigarettes/Tobacco to a Minor COURT $50.00 COURT 3322

Ord. 519 5 5.8 Purchase/Consumption of Liquor/CMB by Minor COURT $50.00 COURT 3109

Ord. 519 6 6.1 Theft COURT $50.00 COURT 3701

Ord. 519 6 6.1(d) Possession Stolen Property COURT $50.00 COURT 3702

Ord. 519 6 6.3 Theft; Lost, Mislaid Property COURT $50.00 COURT 3703

Ord. 519 6 6.4 Theft of Services COURT $50.00 COURT 3704

Ord. 519 6 6.4.1 Theft; Motor Fuel COURT $50.00 COURT 4704

Ord. 519 6 6.5 Criminal Deprivation of Property COURT $50.00 COURT 3705

Ord. 519 6 6.6 Criminal Damage to Property COURT $50.00 COURT 3720

Ord. 519 6 6.7 Criminal Trespass COURT $50.00 COURT 3721

Ord. 519 6 6.8 Littering COURT $50.00 COURT 3722

Ord. 519 6 6.16 Giving a Worthless Check COURT $50.00 COURT 3707

Ord. 519 6 6.17 Criminal Use of Financial Card COURT $50.00 COURT 3729

Ord. 519 7 7.2 Obstructing Legal Process or Official Duty COURT $50.00 COURT 3808

Ord. 519 7 7.3 Escape from Custody COURT $50.00 COURT 3809

Ord. 519 7 7.5 Falsely Report Offense COURT $50.00 COURT 3818

Ord. 519 9 9.1 Disorderly Conduct COURT $50.00 COURT 2141

Ord. 519 9 9.10 Harassment by Telephone COURT $50.00 COURT 4113

Ord. 519 9 9.19 Peeping Tom COURT $50.00 COURT 0919

Ord. 519 9 9.20 Urinating Upon Public or Private Property COURT $50.00 COURT 9200

Ord. 519 10 10.1a Criminal Use of a Weapon COURT $50.00 COURT 3213

Ord. 519 10 10.3 Criminal Possession of Firearm COURT $50.00 COURT 4204

Ord. 519 10 10.5 Unlawful Discharge of Firearms COURT $50.00 COURT 3212

Ord. 519 10 10.6 Air Gun/Rifle, Bow & Arrow, Sling-shot, BB Gun or Paint Ball Gun COURT $50.00 COURT 1060

Ord. 519 10 10.20 Obtaining Prescription by Fraudulent Means COURT $50.00 COURT 1112

Ord. 519 11 11.11 Cruelty to Animals COURT $50.00 COURT 2107

Ord. 519 11 11.15 Possession / Use of Drug Paraphernalia COURT $50.00 COURT 4150

ORD. # ART. # SEC. # DESCRIPTION FINE COSTS TOTAL CODE

Ord. 519 11 11.16 Possession / Use of Drug Substance (Marijuana) COURT $50.00 COURT 4101

Ord.263, Ch.11 11 11-201 Curfew Violation COURT $50.00 COURT 1120

Ord.263, Ch.2 2 2-109 Keeping Animals COURT $50.00 COURT 2109

Ord.263, Ch.2 2 2-111 Nuisance Animals COURT $50.00 COURT 2111

Ord.263, Ch.2 2 2-112 Noisy Animals COURT $50.00 COURT 2112

Ord.263, Ch.2 2 2-113 Animal Confines; Minimum Health Standards COURT $50.00 COURT 2113

Ord.263, Ch.2 2 2-114 Death of Animals COURT $50.00 COURT 2114

Ord.263, Ch.2 2 2-115 Vicious Animals COURT $50.00 COURT 2115

Ord.263, Ch.2 2 2-201 Failure to Vaccinate Animal $25.00 $50.00 $75.00 2200

Failure to Register Animal with the City $25.00 $50.00 $75.00 2201

Ord.263, Ch.2 2 2-205 Allow Animal to Run at Large w/City Tag - 1st Offense $15.00 $50.00 $65.00 2205

Allow Animal to Run at Large w/City Tag - 2nd Offense $25.00 $50.00 $75.00 2206

Allow Animal to Run at Large w/City Tag - 3rd Offense $50.00 $50.00 $100.00 2207

Ord.263, Ch.2 2 2-205 Animal at Large w/o City Tag - 1st Offense $25.00 $50.00 $75.00 2305

Animal at Large w/o City Tag - 2nd Offense $50.00 $50.00 $100.00 2306

Animal at Large w/o City Tag - 3rd Offense $75.00 $50.00 $125.00 2307

Ord.263, Ch.2 2 2-301 Unlawful Exotic Animals COURT $50.00 COURT 2301

Ord.263, Ch.7 3 7-312 Unlawful Discharge of Fireworks $50.00 $50.00 $100.00 7411

Ord.263, Ch.7 3 7-313 Restrictions of Fireworks COURT $50.00 COURT 7413

Ord.263, Ch.8 2A 8-2A08 Health & Environmental Violation - Exterior, Yard COURT $50.00 COURT 8208

Health & Environmental Violation - Exterior, Structure COURT $50.00 COURT 8209

Ord.263, Ch.8 2 8-201 Health Nuisance COURT $50.00 COURT 8201

8-303 Open Burn without Permit COURT $50.00 COURT 3031

Ord.263, Ch.8 3 8-303 Unlawful Storage of Inoperable Vehicle COURT $50.00 COURT 8304

Abandoned Vehicle COURT $50.00 COURT 8305

Ord.263, Ch.8 4 8-401 Nuisance Weeds (1st offense) $25.00 $50.00 $75.00 8401

Nuisance Weeds (2nd offense) $50.00 $50.00 $100.00 8402

Nuisance Weeds (3rd offense) $100.00 $50.00 $150.00 8403

Nuisance Weeds (4th offense) $200.00 $50.00 $250.00 8404

Ord.263, Ch.8 4 8-407 Noxious Weeds COURT $50.00 COURT 8407

ORD. # ART. # SEC. # DESCRIPTION FINE COSTS TOTAL CODE

Ord.263, Ch.13 2 13-211 Petroleum Products in Streets COURT $50.00 COURT 1321

Ord.263, Ch.13 2 13-216 Obstructing Rail Crossing COURT $50.00 COURT 2720

Ord.263, Ch.15 2 15-208 Cross Connection Violation COURT $50.00 COURT 9300

Ord.263, Ch.15 5 15-502 Tampering with a Utility Meter COURT $50.00 COURT 5020

386 Ch.3 103F.2 Playground Equipment Location COURT $50.00 COURT 3103

412 104.H1 Zoning Landscape Requirement COURT $50.00 COURT 4123

412 Ch.6 102.0.2 Prohibited Home Occupation COURT $50.00 COURT 6102

FireCode 97 Location of Fuel Dispensers COURT $50.00 COURT 5201

97 108.5.6 Building Code Violation COURT $50.00 COURT 9756

Public Consumption (for amendment purposes only) 1114

Temporary Deprivation of Property (for amendment only) 2705