City of Pevely, MO Article III Fines and Court Costs

Section 125.320 Installment Payment of Fine.

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.

Section 125.330 Court Costs.

[R.O. 2004 §140.190; CC 1990 §140.190; Ord. No. 322 §§29 — 30, 1-30-1979; Ord. No. 434 §1, 10-28-1981; Ord. No. 780 §1, 9-7-1993; Ord. No. 786 §1, 12-7-1993; Ord. No. 848 §§1 — 2, 11-21-1996; Ord. No. 862 §1, 5-6-1997; Ord. No. 976 §1, 10-18-2001; Ord. No. 1299 §1, 4-1-2013; Ord. No. 1534, 12-21-2020]

A. In addition to any fine that may be imposed by the Municipal Judge in any case filed in the Pevely Municipal Division of the 23rd 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 eleven dollars ($11.00).

2. Judicial Education Fund. A fee of one dollar ($1.00) is hereby established and assessed as additional Court costs for the Judicial Education Fund.

3. 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.

4. Inmate Prisoner Detainee Security Fund.

a. There is hereby established a fund known and designated as the "Inmate Prisoner Detainee Security Fund." The City Collector, or City Treasurer, as the case may be, shall accept all funds collected in accordance with Section 125.330(A)(3) of the Pevely City Code, which said funds shall be utilized to acquire and develop biometric verification systems and information sharing to ensure that inmates, prisoners, or detainees in a holding cell facility or other detention facility or area which holds persons detained only for a shorter period of time after arrest or after being formally charged can be properly identified upon booking and tracked within the local law enforcement administration system, criminal justice administration system, or the local jail system. Upon the installation of the information sharing or biometric verification system, funds in the Inmate Prisoner Detainee Security Fund may also be used for the maintenance, repair, and replacement of the information sharing or biometric verification system, and also to pay for any expenses related to detention, custody, and housing and other expenses for inmates, prisoners, and detainees.

b. In accordance with Section 488.5026, RSMo., a surcharge of two dollars ($2.00) for violation of all criminal laws and traffic ordinances shall be assessed in each case. No such surcharge shall be collected when any proceeding or the defendant has been dismissed by the court or when costs are to be paid by the City. All such moneys collected under this Subsection shall be remitted to the City Collector or City Treasurer, who shall deposit such funds generated by this surcharge into the Inmate Prisoner Detainee Security Fund.

5. Crime Victims' Compensation Fund. An additional sum of seven dollars fifty cents ($7.50) shall be assessed and added to the basic costs in Subparagraph (1) of this Subsection, 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 Subparagraph shall be paid at least monthly as follows:

a. Ninety-five percent (95%) of such fees shall be paid to the Director of Revenue of the State of Missouri for deposit as provided in Section 595.045.5, RSMo.

b. Five percent (5%) shall be paid to the City Treasury.

6. In addition to the other costs authorized in this Section, there shall be assessed a State Court Automation Surcharge of seven dollars ($7.00) in all cases in which Court costs are taxed. Said surcharge shall be collected by the Municipal Court and transmitted monthly to the Missouri Director of Revenue to the credit of the Missouri Statewide Automation Fund, as provided in Section 488.012.3(5), RSMo., and Section 488.027.2, RSMo.

7. Sheriffs' Retirement Fund. In addition to the other costs authorized in this Section, there shall be assessed a Sheriffs' Retirement Fund surcharge of three dollars ($3.00) in all cases in which Court costs are taxed as provided in Section 488.024, RSMo. Said surcharge shall be collected by the Municipal Division and remitted monthly to the Sheriffs' Retirement Fund.

8. There may also be assessed a two dollar ($2.00) cost per case for each criminal case, including violations of any County or municipal ordinance, for the purpose of providing operating expenses for shelters for battered persons as set out in Section 488.607, RSMo.

9. Other costs, such as for the issuance of a warrant, a commitment, or a summons.

10. Actual costs assessed against the City by the County Sheriff for apprehension or confinement in the County Jail or costs assessed against the City by any other detention facility.

11. 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.

12. 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 Section 125.330(A)(13) hereof.

13. Reimbursement Of Certain Costs Of Arrest.

a. Upon a plea or a finding of guilty of violating the provisions of Section 342.020 of this Code or any ordinance of the City of Pevely 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 Subparagraph, the City Treasurer shall retain such costs in a separate fund to be known as the "DWI/Drug Offense Cost Reimbursement Fund." Monies with 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 traffic laws within the City.

14. Witness fees for witnesses compelled to attend sessions of Court pursuant to the Court's subpoena power.

15. The preceding provisions of this Section shall not apply for parking violations paid through the Violations Bureau.

Section 125.340 Collection.

[R.O. 2004 §390.020; Ord. No. 967 §§1 — 5, 9-5-2001]

A. The Municipal Judge of the City of Pevely, Missouri, is hereby authorized to engage the services of a collection agency to collect the balances due the City from previously assessed court fines and costs that are more than twelve (12) months old as shown by the court's balance due docket.

B. The Municipal Judge is authorized to permit the collection agency to keep a percentage of the amount collected as a fee for their services.

C. The Municipal Judge is expressly not permitted to advance any fees or costs to said agency as payments or advances for their services rendered without the authorization of the legislative body of the City.

D. The Municipal Judge of the City of Pevely is hereby authorized to execute the collection agreement with a collection agency of his/her choice, on behalf of the City of Pevely, and is further authorized to cancel said agreement when and if the agency's collection efforts are unproductive.