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 the payment of the fine on an installment basis under such terms
and conditions as he/she may deem appropriate.
[Ord. No. 1164, 8-6-2013]
A.
In addition to any fine that may be imposed by the Municipal Judge
in any case filed in the City of Weatherby Lake Municipal Division
of the 6th Judicial Circuit Court, and in addition to all other fees
authorized or required by law, there shall be assessed as costs the
following:
1.
Costs of Court in the amount of twelve dollars ($12.00).
2.
Police Officer training fee. A fee of three
dollars ($3.00) is hereby established and assessed as additional Court
costs in each Court proceeding, except that no such fee shall be collected
when the proceedings against the defendant have been dismissed.
a.
Two dollars ($2.00) of each such Court cost shall be transmitted
monthly to the Treasurer of the City and 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 each such Court cost shall be sent to
the State Treasury to the credit of the Peace Officers Standards and
Training Commission Fund created by Section 590.178, RSMo.
3.
Crime Victims' Compensation Fund. An additional sum of seven dollars fifty cents ($7.50) shall be assessed and added to the basic costs in Subsection (A)(1) of this Section, provided that no such cost shall be collected in any proceeding when the proceeding or the defendant has been dismissed by the Court. All sums collected pursuant to this Subsection shall be paid at least monthly as follows:
4.
There may also be assessed a two-dollar cost per case for each
criminal case and each County or municipal ordinance violation case
for the purpose of providing operating expenses for shelters for battered
persons as set out in Section 488.607, RSMo.
5.
Pursuant to Section 57.955, RSMo., Court costs shall include
three dollars ($3.00) for the Sheriffs' Retirement Fund.
6.
Other costs, such as for the issuance of a warrant, a commitment
or a summons, as provided before the Associate Circuit Judge in criminal
prosecutions.
7.
Actual costs assessed against the City by the County Sheriff
for apprehension or confinement in the County Jail.
8.
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.
9.
Any other reasonable cost as may be otherwise provided by ordinance, including, but not limited to, costs of confinement, including any necessary transportation related thereto, medical costs incurred by the City while a defendant is in City custody, and costs related to the arrest and testing of any person for any intoxication-related traffic offense as set out in Subsection (A)(10) hereof.
10.
Reimbursement of certain costs of arrest.
a.
Upon a plea or a finding of guilty of violating the provisions of Section 342.020 or 342.030 of this Code or any ordinance of the City of Weatherby Lake involving alcohol or drug-related traffic offenses, the Court may, in addition to imposition of any penalties provided by law, order the convicted person to reimburse the Police Department for the costs associated with such arrest.
b.
Such costs hereby authorized shall include the reasonable cost
of making the arrest, including the cost of any chemical test made
as authorized or required by law or ordinance 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.
c.
The Chief of Police may establish a schedule of such costs hereby
authorized and shall submit the same to the Municipal Judge. However,
the Court may order the costs reduced if it determines that the costs
are excessive.
d.
Upon receipt of such additional costs authorized by this Subsection,
the City Treasurer shall retain such costs in a separate fund to be
known as the "DWI/Drug Offense Cost Reimbursement Fund." Monies within
such fund shall be appropriated by the Board of Alderpersons 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 traffic
laws within the City.
11.
Work/construction zone. Any person who is convicted
or pleads guilty to a speeding violation or passing/overtaking a vehicle
in a work/construction zone when there was any person present performing
duties in the work/construction zone and appropriate signs were posted
stating "Warning: $250 fine for speeding or passing in this work zone"
shall be assessed a fine of two hundred fifty dollars ($250.00) in
addition to any other fine assessed; except that any person assessed
the two-hundred-fifty-dollar fine shall not also be assessed the thirty-five-dollar
fine for any of the following offenses in a construction or work zone:
any moving violation or violation of speeding, leaving the scene,
careless and imprudent driving, operating without a valid license,
operating with a suspended or revoked license, obtaining a license
by misrepresentation, driving while intoxicated, under the influence
or BAC, any felony offense involving the use of a vehicle, or failure
to maintain financial responsibility.
[CC 1984 §5.160; Ord. No. 223 §479.020.5; Ord. No. 267, 7-17-1984]
The costs of any action may be assessed against the prosecuting
witness and judgment rendered against him/her for same in any case
where it appears to the satisfaction of the Judge that the prosecution
was commenced without probable cause and from malicious motives.
[CC 1984 §5.200; Ord. No. 621 §§1 — 2, 4-15-2003]
A.
Upon
proper certification by the Court Clerk that the following services
have been performed by the administrative personnel of the Court,
the Municipal Judge may assess the stated service charges as court
costs in any case in which a guilty plea or guilty finding is entered,
including a finding of contempt or revocation of probation. The following
fees are in addition to witness fees, costs of incarceration and court
costs otherwise specified by ordinance.
1.
Letter fees. Where any person fails to appear for
any hearing or fails to meet conditions or requirements ordered by
the Court, a court service fee of fifteen dollars ($15.00) may be
assessed for each letter or written notice that is actually mailed
by the Court to the last known address of such person for the purpose
of obtaining his/her voluntary appearance or compliance.
2.
Warrant fees. Where the Court issues a Warrant for
Arrest of any person, including a Writ of Attachment, a court service
fee of fifty dollars ($50.00) may be assessed for each warrant or
writ actually executed and returned to the Court.
3.
Insufficient check fees. Where any fine, court cost,
bond or restitution is attempted to be satisfied by presentment of
a negotiable instrument, such as a check, draft, or money order, and
same is returned unpaid to the Court for any reason (including insufficient
funds, stop payment order, improper endorsement or a closed account),
a court service fee of twenty-five dollars ($25.00) may be assessed
for each instrument so returned.
4.
F.A.C.T. fees. Where the Court in any case issues
a Suspension Notice to the Department of Revenue on DOR Form 4558
(Failure to Appear or Pay Traffic Violation), a court service fee
of fifteen dollars ($15.00) may be assessed for each notice actually
mailed by the Court.
