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97-9824 Municipal Court(Published in The Salina Journal August,??, 1997) ORDINANCE NUMBER 97-9824 AN ORDINANCE AMENDING CHAPTER 23 OF THE SALINA CODE PERTAINING TO MUNICIPAL COURT, AND REPEALING THE EXISTING CHAPTER. follows: BE IT ORDAINED by the Governing Body of the City of Salina, Kansas: Section 1. That Chapter 23 of the Salina Code is hereby amended to read as "Chapter 23 MUNICIPAL COURT ARTICLE I. IN GENERAL Section 23-1. Creation. There is hereby created the Municipal Court which is created pursuant to and governed by the provisions of K.S.A. Chapter 12, Articles 41 through 47, inclusive. Sections 23-2 - 23-15. Reserved. ARTICLE II. BAIL BOND AGENTS AND COMPANIES DIVISION 1. GENERALLY Section 23-16. Definitions. The following word, terms or phrases, as used in this article, shall have the following meanings: U) Bail Bond Agent - A person who acts in writing bonds on behalf of a Bail ond Company. (2) Bail Bond CompgU - Any person or firm, other than an insurance company, who issues bail bonds for compensation. (3) Firm - A firm, partnership, association of persons, corporation, limited liability company, organization, or any other group acting as a unit. �4) Insurance Agent - Any person licensed by the Kansas State Insurance ommissioner to write surety bonds in the State of Kansas and who represents an authorized insurance company. (5) Insurance Compal - A company authorized by the Kansas State Insurance CCommissioner to write surety bonds. Section 23-17. Entering, loitering, Department, Saline District Court. It shall be unlawful for any licensee: soliciting business at the Police County Jail, Municipal Court, or 1) To enter the Police Department, Saline County jail, Municipal Court or istrict Court for the purpose of obtaining employment as a bail bond agent without having been called by a person in custody or some other person acting on behalf of the person in custody. (2) To loiter in the Police Department, Saline County jail, Municipal Court or District Court. Such licensee shall conduct business as quickly as possible and leave the premises immediately upon completion. (3) To personally or otherwise solicit business in, at or near the Police Department, Saline County jail, Municipal Court or District Court. Section 23-18. Attorney referral. It shall be unlawful for any licensee: (1) To recommend, directly or indirectly, any lawyer to a client for whom a bond has been executed. (2) To refuse to issue a bail bond unless a particular attorney is retained. W (3) To offer any legal advice to a client, predict the outcome of a case to a client, or advise a client to appeal a decision of the court. (4) To speak with an attorney on behalf of a client. Section 23-19. Referral of bail bond business for compensation prohibited. It shall be unlawful for any licensee to directly or indirectly give or promise to give any compensation to secure, send or refer bail bond business to the licensee, unless such person is licensed as an agent of the licensee. DIVISION 2. LICENSES Section 23-20. Bail Bond Company license; Required. It shall be unlawful for any person or firm, other than an insurance company authorized to do business by the Kansas State Insurance Commissioner, to demand or receive compensation for providing surety on any bail bond, recognizance bond, appeal bond or other court bond unless such person or firm is licensed as a Bail Bond Company as provided by this Article. Section 23-21. Bail Bond Company license; Application. Any person or firm desiring to secure a license for a Bail Bond Company shall file, with the City Clerk, an application provided b the City Clerk. Such application shall contain the following information and y any other information deemed necessary by the City Clerk: (1) The business name, address, phone number and type of business entity. (2) The name, home address, home phone number and date of birth for each owner. (3) A statement from each owner listing any felony convictions or non -traffic misdemeanor convictions within 5 years of the application date. (4) A statement from each owner listing any pending non -traffic criminal charges. (5) A statement from each owner listing any unsatisfied forfeiture or judgment thereon entered on any bail bond written by the owner or the firm in any court. (6) A $10,000 irrevocable letter of credit as provided in Section 23-22. Section 23-22. Bail Bond Company license; Irrevocable letter of credit. The applicant shall use as security for issuing bail bonds a bank issued irrevocable letter of credit showing the. City of Salina as beneficiary. Such irrevocable letter of credit shall have a minimum value of $10,000 and shall be in a form approved by the City Clerk. If the City must make demand upon the letter of credit such that the amount secured by the letter falls below ten thousand dollars ($10 000) the licensee shall have three (3) business days thereafter to provide to the City Clerk written evidence from the issuing bank that credit of a minimum value of ten thousand dollars ($10,000) has been restored. If the letter of credit is not so restored in the time allowed, licensee's license shall be subject to suspension or revocation as provided in this article. Section 23-23. Bail Bond Agent license; Required. It shall be unlawful for any person who acts in writing bonds as an employee or owner of a Bail Bond Company to do so unless licensed as a Bail Bond Agent as provided by this Article. Section 23-24. Bail Bond Agent license; Application. Anyerson desiring to secure a license as a Bail Bond Agent shall file, with the City Clerk, an application provided by the City Clerk. Such application shall contain the following information and any other information deemed necessary by the City Clerk: (1) The name, home address and home phone number of the applicant. (2) The applicant's date of birth. (3) A statement listing any felony convictions or non -traffic misdemeanor convictions of any crime within five years of the application date. (4) A statement listing any pending non -traffic criminal charges. (5) Name, address and phone number of the Bail Bond Company where the Agent will be employed. Section 23-25. Examination of Application; Denial or issuance. (1) If the application for a license is in proper form and accompanied by the license fee as prescribed in Section 2-2 the Police Chief, City Prosecutor and the City Clerk, or their representatives, shalf review the application. (2) No license shall be issued to: (a) A person who within 5 years prior to the date of the application, has been convicted of a felony. (b) A person or firm who shall have any unsatisfied forfeiture or judgment thereon entered on any bail bond in any court. (c) A person or firm unless the face value of its letter of credit payable to the City equals a minimum of $10,000. (d) A firm, unless all the owners shall be qualified to obtain a license. (3) If an applicant has within 5 years prior to the date of the application, been convicted for a non -traffic misdemeanor, or if an applicant has criminal charges pending for either a felony or a non -traffic misdemeanor, the Police Chief, City Prosecutor, and the City Clerk shall determine whether the public safety and general welfare are served by the issuance of a license to the applicant. If not, the application shall be denied. (4) If the application is approved, the City Clerk shall issue a license to the applicant. If the application for the license is denied, the license fee shall be returned. Section 23-26. Fingerprinting. All applicants for Bail Bond Company or Agent licenses shall be fingerprinted. The cost of the fingerprinting is the responsibility of the applicant. Section 23-27. Photo -identification badge. Upon the issuance of a bail bond agent license the City Clerk shall issue a photo -identification badge to the licensee, which shall be worn by the licensee in such a way as to be conspicuous at all times when the licensee is acting as a bail bond agent. The licensee shall return the badge to the City Clerk upon the expiration or revocation of the license. Section 23-28. Notification of certain events. All licensees under this Article shall be required to immediately report to the City Clerk: (a) Any non -traffic criminal charge filed against the licensee. (b) Any non -traffic criminal conviction against the licensee. (c) Any unsatisfied forfeiture or judgment thereon entered on any bail bond in any court. The City Clerk shall administratively develop a system whereby the Salina Municipal Court and the Saline County District Court shall be advised of any information reported under this section. Section 23-29. Judicial suspension or restriction. The Municipal Court Judge shall have the authority to suspend or restrict the authority of any licensee under this article to issue any bond if the licensee is charged with a felony or non -traffic misdemeanor, if a judgment on a bond involving the licensee is unpaid or if any other circumstance exists which causes the Municipal Court Judge to determine that such suspension or restriction best serves the interests of the court. Section 23-30. Administrative suspension or revocation. Any license issued under this Article may be suspended or revoked by the City Manager, after notice and hearing, for any of the following reasons: (a) If the licensee fraudulently obtained the license by giving false information in the application. (b) If the licensee has been convicted of violating any of the terms of this Article. . (c) If the licensee has become ineligible to obtain a license under the provisions of this Article. sa. (d) If the licensee fails to make a timely report to the City Clerk as required by Section 23-28. 4e) If the licensee charges fees in excess of the maximum fee in the fee schedu a provided by the licensee in Section 23-34 (2). (f) If a judgment entered in Salina Municipal Court on a bond involving a licensee is unpai. (g) If a licensee fails to restore the required letter of credit as provided in Section 23-22. The City Manager may immediately suspend any license, pending the susppension or revocation hearing, if the public safety or welfare is best served by such a temporary suspension. Section 23-31. Suspension or revocation by Board of City Commissioners. Any license issued under this article may be suspended or revoked by the Board of City Commissioners if, after notice and hearing, it is determined that the licensee has repeatedly failed to properly serve the public interest in carrying out the duties of either a bail bond company or bail bond agent in accordance with this article. Section 23-32. Notice, hearing, and decision. Notice of a hearing for suspension or revocation of a license issued pursuant to this article shall be provided in writing and shall set forth specifically the grounds for the proposed suspension or revocation and the time and place of the hearing. Notice shall be mailed, postage prepaid to the licensee at the address shown on the license application or at the last inown address of the licensee. Following the hearing, the licensee shall be notified in writing of the decision, including the duration of any suspension or any prerequisites to reapplication imposed in conjunction with any revocation. Section 23-33. Appeals. (1) Any applicant aggrieved by the decision of the City Clerk to deny a license applied for under this article shall have the right to appeal the decision to the City Manager within ten (10) days after the notice of the decision has been mailed to the applicant. (2) Any person or firm aggrieved by the action or decision of the City Manager to deny, suspend or revoke a license under this article shall have the right to appeal such action or decision to the Board of City Commissioners within ten Q 0)daysafter the notice of the action or decision has been mailed to the person or firm. (3) An appeal to either the City Manager or Board of City Commissioners shall be taken by filing with the City Clerk a written statement setting forth the grounds for the appeal. (4) A hearing shall be set not later than twenty (20) working days from the date of receipt of the appellant's written statement. (5) Notice of the time and place of the hearing shall be given to the appellant in the same manner as provided for the mailing of notice of hearing provided in Section 23-32 above. (6) The decision of the Board of City Commissioners on the appeal shall be final and binding on all parties concerned. Section 23-34. List of licensees and fee schedules; Posting. 1 The Cit Clerk shall maintain a list of persons licensed under the provisions opthis Article and their telephone numbers. At any time the list of persons licensed changes, the City Clerk shall provide the Saline County sheriff with a copy of the revised list for posting in such manner and in such locations as the sheriff designates. (2) Each Company shall furnish to the City Clerk a schedule of the minimum and maximum fees charged by such licensee. This section shall not be construed as setting the fees of the licensees and such licensees may charge such fees as they may desire so long as the fee is within the limits set forth in the schedule of fees furnished by the licensee. Section 23-35. Insurance agent/company; Registration. (1) Any Kansas licensed insurance agent desiring to operate a bail bonding company as a representative of an underwriting insurance company must register in the office of the City Clerk. On a form provided by the City Clerk, the agent shall be required to provide the following: (a) Name, address and phone number of agent. (b) Name, contact person, address and phone number of insurance agency. (c) Copies of power of attorney and sample bond form. (d) Proof that the insurance company is authorized by the Kansas Insurance Commissioner to do business in the state. (e) Copy of the agent's current Kansas insurance license. (f) Name, manager name, address and phone number of business if different from (a) above. (2) A separate registration form for each agent working under the same company name is required. (3) Each insurance agent acting as a bail bond agent shall be required to obtain and wear a photo identification badge as outlined in Section 23-27. (4) There shall be no license fee assessed for registration under this section, except a fee shall be charged for the identification badge required by subsection 3 above. Section 23-36. Insurance bonds; Forfeited. (1) Any bond provided by an insurance agent shall be due and payable upon the forfeiture date set by the Municipal Judge. If an agent fails to pay a forfeited bond within the allotted time, the City Clerk shall contact the underwriting insurance company for payment. (2) The City Clerk may remove the insurance agent and/or the business from thhe list of those authorized to bond, as provided in Section 23-34(1), if any forfeited bonds are not paid in a timely manner." Section 23-37. Application of general rules regarding licenses. Unless more specificallypprovided in this article, the general rules regarding licenses contained in Chapter 20 of this code shall also apply to licenses issued pursuant to this Article." Section 2. That all currently licensed or registered bail bonding companies and agents shall have until September 30, 1997 to come into compliance with the provisions of this ordinance. Section 3. That the existing Chapter 23 of the Salina Code is hereby repealed. Section 4. That this ordinance shall be in full force and effect from and after its adoption and publication once in the official city newspaper. Introduced: August 18, 1997 Passed: August 25, 1997 K stin M. Seato , Mayor [SEAL] ATTEST: (Judy rL�ong,C, City Cle