95-9698 Municipal Court(Published in The Salina Journal August/4 1995)
ORDINANCE NUMBER 95-9698
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 H. BAIL BOND AGENTS AND COMPANIES
DIVISION 1. GENERALLY
Section 23-16. Definitions.
(1) Bail Bond Agent - A person who acts in writing bonds on behalf of a Bail
BBond Company.
(2) Bail Bond m - Any person or firm, other than an insurance company
authorized to transact usiness by the Kansas State Insurance Commissioner, who
issues bail bonds for compensation.
Section 23-17. Entering, loitering, soliciting business at the Police
Department or Municipal Court
It shall be unlawful for any licensee:
(1) To enter the Police Department or Municipal 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 or Municipal 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
DDepartment or Municipal 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.
(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 ancompensation to secure, send or refer bail bond business to the
licensee, unless such person is licensed as an agent of the licensee.
E401934_
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 and phone number.
(2) The name, address, phone number, length of residence in Salina County and
dilate of birth for each owner.
(3) A statement from each owner listing any felony convictions or convictions of
any crime involving moral turpitude within 5 years of the application date.
(4) A pledge of real estate or letter of credit as provided in Sections 23-22 and
23-23.
Section 23-22. Bail Bond Company license; Irrevocable Letter of Credit.
The applicant may 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.
Section 23-23. Bail Bond Company license; Mortgage of real estate.
The applicant may offer the City of Salina a mortgage of real estate as
security for issuing bail bonds. If this method is used, the following documents
must accompany the application:
(1) The location and legal description of the real property to be pledged and
whether the real property is encumbered and the amount of the encumbrance, if
any.
(2) A verified appraisal of the property by a state certified appraiser.
(3) A mortgagee's policy of title insurance showing the City of Salina as the
insured.
(4) A mortgagge of real estate form, provided by the City Clerk, which states
location, legal descri tion and the amount to be secured. The amount secured
must not exceed 75% of the equity value of the property, but must be an amount
not less than $10,000. This form shall be recorded at the Register of Deeds Office
by the City Clerk. All recording costs will be the responsibility of the applicant.
Section 23-24. 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 23-25. Bail Bond Agent license; Application.
Any person 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, address and phone number of the applicant.
(2) The applicant's length of residence in the County.
(3) The applicant's date of birth.
(4) A statement listing any felony convictions or convictions of any crime
involving moral turpitude within the last five years.
(5) Name, address and phone number of the Bail Bond Company where the
Agent will be employed.
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. 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, shall review the application. If approved, the
City Clerk shall issue a license to the applicant.
(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 or any crime involving moral turpitude.
(b) A person or firm who shall have any unsatisfied forfeiture or
judgement thereon entered on any bail bond in any court.
(c) A person or firm unless the equity value of the pledged real estate or
the face value of the letter of credit be a minimum of $10,000.
(d) A firm, unless one of the owners or officers meets the residency
requirement under (a) above and unless all the other owners shall
otherwise be qualified to obtain a license.
(3) If the application for the license is refused, the license fee shall be returned.
Section 23-28. Revocation.
The City Commission upon 5 days written notice to the licensee, shall
revoke such license for any of the following reasons:
(1) If the licensee fraudulently obtained the license by giving false information in
thhe application.
(2) If the licensee has been convicted of violating any of the terms of this
Article.
(3) If the licensee has become ineligible to obtain a license under the provisions
off this Article.
(4) If the licensee encumbers or sells or otherwise disposes of the real property
pledged as security without first having notified the City Clerk to make
arrangements for the pledge of other property or providing a letter of credit in an
amount which meets or exceeds the amount of outstanding bonds.
(5) If a licensee executes and has outstanding at anyone time, bail bonds which
exceed the value of pledged real estate or letter of credit.
Section 23-29. Suspension.
The City Clerk, upon five days written notice to the licensee shall have the
authority to suspend such license for a period of not to exceed 30 days for any
violation of the provisions of this article, which violation does not in her judgement
justify a recommendation of revocation; provided, however, that the licensee may
appeal such order of suspension to the City Manager within 7 days from the date
of such order.
Section 23-30. List of licensees and fee schedules; Posting.
(1) The Police Department shall maintain a list of persons licensed under the
provisions of this Article. A copy of the list shall be posted in a conspicuous place
in the booking rooms of the police station and a copy of the list on the wall
adjacent to the telephone in the jail. The list shall contain, after the name of the
person licensed, the telephone number of the licensee. The list shall be changed
each week and the names rotated in such a manner so as to insure that no licensee
shall receive any advantage by reason of the licensee's name always appearing first
on the list.
(2) Each Company shall furnish to the Police Department and City Clerk a
schedule of the minimum and maximum fees charged by such licensee. The Police
Department shall post a copy of such fee schedule charged beside the list of
persons licensed under (1) above. 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 2. That the existing Chapter 23 of the Salina Code is hereby repealed.
Section 3. That this ordinance shall be in full force and effect from and after its
adoption and publication once in the official city newspaper.
Introduced: July 24, 1995
Passed: August 7, 1995
hn Divine, Mayor
{SEAL]
ATTEST:
ic
4JudyD. o g, City Clerk