APPENDIX A – CHARTER ORDINANCESAPPENDIX A – CHARTER ORDINANCES\Charter Ordinance No. 3

CHARTER ORDINANCE EXEMPTING THE CITY OF CONWAY SPRINGS KANSAS, FROM SECTION 12-1103 OF THE GENERAL STATUTES OF KANSAS, 1949, AND SECTION 15-309 OF THE GENERAL STATUTES OF KANSAS, 1949, AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT PROVIDING FOR THE POLICE JUDGE TO HAVE POWER TO REMIT FINES AND FORFEITURES AND TO GRANT REPRIEVES AND PARDONS FOR OFFENSES ARISING UNDER THE ORDINANCES OF THE CITY.

Section 1. The City of Conway Springs, Kansas, a Mayor-Council city of the third class, by the power invested in it by Article 12, Section 5 of the Constitution of the State of Kansas, hereby elects to and exempts itself from and makes inapplicable to it Sections 12-103 and 15-309 of the General Statutes of Kansas, 1949, and to provide substitute and additional provisions as hereinafter provided.

Section 2. The police judge shall have power to remit fines and forfeitures and to grant reprieves and pardons for offenses arising under the ordinances of the City, and the police judge in this city shall have the power to parole persons convicted of a violation of the ordinances of this city as hereinafter provided.

Section 3. The police judge may, in his discretion, when satisfied that any person against whom a fine has been assessed or a jail sentence imposed by the court, or any person actually confined in jail under the judgment of said court, will if permitted to go at large not again violate the law or ordinance, parole such person and permit him to go at large, upon such conditions and under such restrictions as the judge granting the parole shall see fit to impose for a term which may extend beyond the term of the sentence but not exceeding one year and may discharge such person for good cause shown at any time. Such judge may at any time within such year, without notice to such person, terminate such parole by simply directing execution to issue on the judgment; or, in case the person shall have been actually confined in jail, the parole may be terminated by directing the chief or captain of police or any police officer to retake such person under the commitment already in his hands. After a parole has been terminated, as above provided, the judge may, in his discretion, grant a second parole, but no more than two paroles shall be granted the same person under the same judgment of conviction. If a parole shall be terminated, the time such person shall have been at large on parole shall not be deducted from the time he shall be required to serve, but the full amount of the fine shall be collected or the full time in jail be served, the same as if no parole had been granted.

Section 4. Any person who shall commit any offense against the laws of the state or the ordinances of this city while at large under parole may be arrested and tried in the same manner as if he had not previously been convicted or paroled.

Section 5. The action of the judge in refusing, granting or terminating a parole shall not be subject to review by an appellate court.

(01-01-1963)