City of Edmundson, MO
St. Louis County
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Table of Contents
Table of Contents
[Ord. No. 1455 §4, 8-27-2015]
When a fine is assessed for violation of an ordinance, it shall be within the discretion of the Judge assessing the fine to provide for payment of the fine on an installment basis under such terms and conditions as he/she may deem appropriate and if it appears to the Judge that the defendant does not have the present means to pay, the Judge shall comply with Supreme Court Rule 37.65.
[CC 2001 §125.330(11); Ord. No. 1224 §1, 6-10-2004; Ord. No. 1328 §1, 2008; Ord. No. 1419 §2, 8-8-2013]
A. 
Definitions. The following words and phrases, as used in this Chapter, shall have the following respective meanings:
COURT COSTS
The cost, not to exceed twelve dollars ($12.00) as described in and limited by Section 488.012(6), RSMo., which is assessed to each defendant who pleads guilty, or is found guilty, in each proceeding filed in the Municipal Court for the violation of the ordinances of the City and which is payable to the City.
SURCHARGES
Amounts payable to the State of Missouri or other entities or payable to the City for specific designated purposes that are assessed to each defendant who pleads guilty, or is found guilty, in each proceeding filed in the Municipal Court for the violation of the ordinances of the City.
B. 
In addition to any fine that may be lawfully imposed by the Municipal Judge, there shall be assessed as court costs in all cases, except cases in which charges of a minor traffic violation as defined in Section 479.350, RSMo., are dismissed and cases in which the Municipal Court finds the defendant to be indigent pursuant to applicable standards, in the amount of twelve dollars ($12.00).
[Ord. No. 1455 §3, 8-27-2015]
C. 
Surcharges. The following surcharges shall be collected in all cases:
1. 
A surcharge in the amount of three dollars ($3.00), described in Section 488.5336, RSMo., which shall be distributed as follows:
a. 
Two dollars ($2.00) of the three dollars ($3.00) shall be transmitted monthly to the Treasurer of the City to be used to pay for Police Officer training as provided by Sections 590.100 to 590.180, RSMo. The City shall not retain for training purposes more than one thousand five hundred dollars ($1,500.00) of such funds for each certified Law Enforcement Officer or candidate for certification employed by the City. Any excess funds shall be transmitted quarterly to the City's General Fund.
b. 
One dollar ($1.00) of the three dollars ($3.00) shall be sent to the State Treasury to the credit of the Peace Officer Standards and Training Commission Fund created by Section 590.178, RSMo.
2. 
A surcharge in the amount of seven dollars fifty cents ($7.50) imposed by Section 595.045, RSMo., for purposes of the Crime Victims' Compensation Fund established by the State of Missouri. Such surcharge shall be collected by the Clerk of the Court. All sums collected pursuant to this Subsection shall be distributed as follows:
a. 
Ninety-five percent (95%) of such sums shall be forwarded to the State of Missouri for deposit to the Crime Victims' Compensation Fund as provided in Section 595.045, RSMo.
b. 
Five percent (5%) of such sums shall be paid to the City as reimbursement for the costs of collection of such State-imposed charge.
3. 
A surcharge in the amount of three dollars ($3.00) described in Section 57.955, RSMo., for purposes of the Sheriff's Retirement Fund established by the State of Missouri. Such surcharge may be collected by the Clerk of the Municipal Court upon order of the Municipal Judge or other Court of competent jurisdiction. If such surcharge is collected, all proceeds from such surcharge shall be payable to the State's Sheriff's Retirement Fund for the purposes described in Sections 57.949 to 57.997, RSMo.
4. 
A surcharge in the sum of two dollars ($2.00) authorized by Section 488.607, RSMo., for the purpose of providing operating expenses for shelters for battered persons, as defined in Sections 455.200 to 455.230, RSMo. Such cost may be collected by the Clerk of the Court upon order of the Municipal Judge; if collected, such funds shall be disbursed by the City to such shelters that meet the requirements and qualifications of Sections 455.200 to 455.230, RSMo.
5. 
A surcharge in the sum of two dollars ($2.00) authorized by Section 488.5026, RSMo., which shall be collected by the Clerk of the Court and deposited into the "Inmate Security Fund". All funds within the "Inmate Security Fund" shall be utilized to develop, install and maintain a biometric verification system to ensure that inmates can be properly identified and tracked within the City's detention system, and to pay for any expenses related to custody and housing and other expenses for prisoners, all in accord with Section 488.5026, RSMo.
D. 
Miscellaneous Charges And Reimbursements. The following types of miscellaneous charges and reimbursements may be imposed by order of the Municipal Judge:
1. 
Actual charges assessed against the City by other Law Enforcement Agencies or correctional facilities for apprehension or confinement of defendants.
2. 
Charges for mileage, in the same amount as provided to the Sheriff in criminal violations, for each mile and fraction thereof the officer must travel (both directions) in order to serve any warrant or commitment or order of this Court.
3. 
A fee of five dollars ($5.00) for each credit card transaction where fines, Court costs, surcharges, other Court fees or bond, or portion thereof, is paid by credit card.
4. 
All appeal costs from Municipal Court to the Circuit Court of St. Louis County, as required by the St. Louis County Circuit Clerk.
5. 
Expert witness fees for experts required by the City. Expert witnesses are witnesses who testify relative to matters outside the scope of general knowledge and possess special skills and knowledge.
6. 
Any other fee imposed by order of the Municipal Judge.
E. 
Recoupment.
1. 
Upon a plea of guilty or a finding of guilty of violating the provisions of Sections 342.020 or 342.030 of the Municipal Code, the Municipal Court may order the defendant to wholly or partially reimburse the City Police Department, or any other City enforcement agency which made the arrest, for the costs associated with such arrest. Such costs shall include the reasonable cost of making the arrest including the cost of any chemical test made under this Chapter to determine the alcohol or drug content of the person's blood, and the costs of processing, charging, booking and holding such person in custody.
2. 
All funds paid under this provision shall be retained in a special, separate fund to be known as the "DWI/Drug Offense Cost Reimbursement Fund". Monies within such fund shall be appropriated by the Board of Aldermen to the Police Department in amounts equal to those costs so collected and shall be used by such department specifically to enhance and support the enforcement and prosecution of alcohol- and drug-related offenses within the City.
F. 
Judicial Waiver Of Court Costs And Surcharges. Nothing in this Section shall be construed to prohibit or limit the authority of the Municipal Judge to waive Court costs and surcharges in whole or in part.
[1]
Editor’s Note: Former Section 125.325, Services Fees Imposed by City, enacted in 2008 by §1 of Ord. No. 1334 and amended 4-12-2012 by §1 of Ord. No. 1402 and 4-10-2014 by §1 of Ord. No. 1431, was repealed 8-27-2015 by §1 of Ord. No. 1454.