[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.
COURT COSTS
SURCHARGES
Definitions. The following words and phrases, as used in
this Chapter, shall have the following respective meanings:
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.
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.
6.
There shall be assessed to each defendant who pleads guilty, or is
found guilty, in each proceeding filed in the Edmundson Municipal
Court for the violation of the ordinances of the City, an additional
surcharge in the amount of seven dollars ($7.00) for the Statewide
court automation fund, provided that no such fee shall be collected
in any case that has been dismissed by the Court or where costs have
been waived by the Court. All sums collected pursuant to this Subsection
shall be paid to the State Director of Revenue to the credit of the
Statewide court automation fund in accordance with Sections 476.056,
488.012 and 488.027, RSMo.
[Ord. No. 1501, 1-10-2019]
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.
