07-10408 Affidavit of Publication
Following is a true and correct copy of Ord. No.07-10408
K.S.A. 41-727, 65-4152, 65- (9) the defendant shall intend to retain custody and'
together with proof of publication of the same. 4153, 65-4154 or 65-4155. pay any tines, court control of the accused per-
and amendments thereto, costs or fees, or restitu- son including.but not limited
I
the municipal judge shall or-
tion as ordered by the to, any adult detention sen-
der such person to submit to court: ter,a juvenile detention cen-
and complete an alcohol and (10) the defendant shall ter as allowed by law,house
drug evaluation by a corn- be truthful with the court arrest,assignment to a corn-
AFFIDAVIT munity-based alcohol and services officer in all munity corrections residen-
drug safety action program matters. tel center.or any other envi-
certified pursuant to K.S.A. (I) In addition to or in lieu ronment approved by the
'8-1008 and amendments of any other sentence au, court."
I, Ann Garrison ,bein thereto at the expense of the thorized by law,whenever a Section 2. That this ordi-
g defendant. 'person is found guilty of the nance shall be in full force
(d) If the person is 18 or violation of an ordinance,the and effect from and after its
more years of age but less judge may order such per- adoption and publication
duly sworn,declare that I am the Majors/Nationals than 21 years of age and is son to reimburse the City for once in the official city news-
convicted violating an ordi- all or a part of the reasona- paper.
nance prohibiting an act ble expenditures by the City
Coordinator of THE SALINA JOURNAL,a daily news- which would constitute a vio- to provide counsel and other Introduced:August 13,2007
J y lation of K.S.A. 41-727, and defense services to the de- Passed:August 20,2007
amendments thereto, involv- fendant. In determining the
ing cereal malt beverage.the amount and method of pay- Alan E.Jilka,Mayor
paper published at Salina,Saline County,Kansas,and provision of subsection (c) ment of such sum,the court l
are permissive and not man- shall take account of the fi- (SEAL)
datory. nancial resources of the de- ATTEST:
of general circulation in said county,which newspaper (e) and court may impose burden dent that the nature such the
g ty. any conditions of probation. bu That payment of such'i Ann Elsey,CMC
parole or suspension of sen- sum will impose. A defend- City Clerk (1t)
tence that the court deems ant who has been required •
has been continuously and uninterruptedly published proper. If a person is placed to pay such sum and who is
on probation or parole. the not willfully in default in the
court may order any addi- payment thereof may at any I
tional conditions as may be time petition the court which
for five consecutive years prior to first publication of at- proper. Such person placed sentenced the defendant to
on probation Or parole is waive payment of such sum
subject to the following man- or of any unpaid portion
tached notice,and that the attached I datory conditions: thereof. If it appears to the
(1) the defendant shall satisfaction of the court that
not violate the laws of payment of the amount due
the United States or of will impose manifest hard-
Ord.No.07-10408 any state or city with the ship on the defendant or the
exception of minor traffic defendant's immediate fami-
infractions; ly,the court may waive pay-
has been correctly published in said newspaper 1 (2) the defendant shall ment of all or part of the
not use, consume, pos- amount due or modify the
sess or ingest any intoxi- method of payment.
cating liquor,cereal malt (g) The term of probation,
times, the first publication given in beverage, or any other parole or suspended sen-
,
mood altering substance fence shall not exceed two
years. although the munici-
pal drug without a dos- pal judge may discharge the
the issue of August 24 2007. tor's prescription, and person at any time for good
the defendant shall not
cause shown. If the person
enter into any bars,tav- has been convicted of violat-
t 1 //�7 In erns or liquor stores; ing municipal ordinance pro-
f lN���l�j�, t (3) the defendant shall visions that prohibit conduct
not associate with any- comparable to a misdemean-
one who has been con- or under the Kansas criminal
^ M V victed of a crime,except statutes, the term of proba-
`J T persons who have been tion, parole. or suspension
Subscribed and sworn to before me,this convicted solely of traffic Q_ ordered by the court is sub-
infractions: ject to renewal and exten-
(4) the defendant shall sion for additional periods
• not move from his or her
day of t/ A.D. 2007 current address without not exceeding an additional
/ prior notification and the two years upon the court's
permission of the court has that the defendant
or his/her court services cos ete yet successfully
r completed the conditions im-
! ublic officer:
posed therein within the orig-
r 5 the defendant shall inal term of probation.
TARY PUBLIC•State 01 submit to a test of saliva,
WENDY HROBAK breath,blood or urine at (h) The municipal judge
any time during the term may revoke such probation,
= ur �y Appt.Exp. of probation,if requested parole or suspended sen-
to do so by the court tence for violation of condi-
(4) Suspend any sen- services officer, city lions by directing the appro..
(Published In The Salina r I criate law enforcement offi-
Journal August 24,2007) tence of imprisonment or p osecutor, municipal )cars to execute the sentence
ORDINANCE NUMBER fine subject to conditions judge. or any law en-i and imprison the defendant
07-10408 imposed by the court as forcement officer at the *or the time specified by the
AN ORDINANCE provided in subsection defendant's own ex- :ourt.which shall not exceed
E;or passe and further
AMENDING CHAPTER 23, he initial sentence imposed.
ARTICLE I. OF THE SALT- (5)After any portion of a agrees that the results of F'ess any time served. and
NA CODE BY ADDING sentence of imprison- said tests shall be admit- nay order the payment of'
SECTION 23-3 PERTAIN-
ment has been served, fed against him/her in a j k ny previously probated,
ING TO MUNICIPAL release the person on probation revocation•suspended or
parole. subject to condi- proceeding involving the'and fees. Upon an affidavit
COURT SENTENCING AU- lions imposed by the defendant and stipulates
THORITY AND SENTENC- p y submitted to the court by a
ING AND PROBATION court as provided in sub- to the evidentiary foun- court services officer, prose-.
PROCEDURES. section E. dation thereof; tutor, or community correc,
(b) In addition to or in lieu (6) the defendant shall
BE IT ORDAINED by the O t'.ons officer alleging that thf
Governing Body of the City of any other sentence au- notify the court services-defendant has violated the
of veining Bo as: y thorized by law,whenever a ' officer within 72 hours of! conditions of probation, pe-
Section 1.That the Salina person is found guilty of the any arrest, including but role,or suspendr d sentenre
Code,is hereby amended by violation of an ordinance and not limited to any in- the court may order the do-I
y y there is evidence that the act stance during which the
adding a section to be num- fendant incarcerated pend-
I
bered . Section 23-3. which constituting the violation of defendant is stopped ing a hearing to revoke pro-
section reads as follows: the ordinance was substan- and questioned by a law bation, parole.or suspended
"Sec. 23-3. Sentencing tially related to the posses- enforcement officer re- sentence. The affidavit
Authority and Sentencing sion, use or ingestion of ce- garding a violation of the I which shall contain a request,
and Probation Procedures. real malt beverage or also- law, whether or not for incarceration pending a
(a) Whenever a person is folic liquor by such person. charges are filed at that hearing, shall be served on•
found guilty of the violation the municipal judge may or- time, as well as instan-
on (the defendant. The court
of an ordinance the munion der such person to attend . ces where the defendant shall have thi rty (30) days
y p
and satisfactorily complete is released upon the is-
pal judge may: 1 following the date probation.
(1) Release the person an alcohol or drug education, stance of a citation or
or training program certified notice to appear or re- parole or suspension of sen-
without imposition of g p og fence was to end to issue a
sentence;or by the chief judge of the judi- leased pending the mail- warrant for the arrest or a
(2) Release the person cial district or licensed by the ing of charges in the fu- notice to appear for the de-
secretary of social and reha- Lure;
on probation after the (7) the defendant shall,fendant to answer a charge
imposition of sentence, bilitation services. fe) of a violation of the condi-
without imprisonment or (c) Except as provided in report to the court derv- lions of probation, parole or
p ices officer as directed
the payment of a fine or subsection(d). in addition to suspension of sentence.
p y
or in lieu of an y other oth sen- and shall permit the
a portion thereof.subject (i) For purposes of this
to conditions imposed by fence authorized by law; court services officer to Chapter, the terms "impris-
the court as provided in whenever a person is con- visit the defendant at onment" or `imprison" shall
subsection E;or victed of having violated,1 home or elsewhere, include any restrained envi-
3)Im se a sentence of while under 21 years of age,) (8) the defendant shall ronment in which the court
( po an ordinance prohibiting an I successfully complete all and law enforcement agency
or imprisonment, or recommendations of any gency
both, as authorized for act prohibited by the uniform
the ordinance violation; controlled substances act evaluation ordered by
or (K.S.A. 65-4101 et seq. and the town;
amendments thereto) cr I i
i