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.
A.
In addition to any fine that may be imposed by the Municipal Judge
in any case filed in the Aurora Municipal Division of the 39th 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 and 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 shall be assessed a surcharge of seven dollars ($7.00)
for the Statewide Court Automation Fund.
5.
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.
6.
Any other reasonable cost as may be otherwise provided by ordinance
and permitted under the laws of the State of Missouri, 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 this Section.
7.
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 Aurora 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.
8.
Judicial Education Fund.
a.
A City by ordinance may provide for fees in an amount per case
to be set pursuant to Sections 488.010 to 488.020, RSMo., for each
municipal ordinance violation case filed before a Municipal Judge,
and in the event a defendant pleads guilty or is found guilty, the
Judge may assess costs against the defendant except in those cases
where the defendant is found by the Judge to be indigent and unable
to pay the costs. The fees authorized in this Subsection are in addition
to service charges, witness fees and jail costs that may otherwise
be authorized to be assessed, but are in lieu of other Court costs.
The fees provided by this Subsection shall be collected by the Municipal
Division Clerk in municipalities electing or required to have violations
of municipal ordinances tried before a Municipal Judge pursuant to
Section 479.020, RSMo., or to employ judicial personnel pursuant to
Section 479.060, RSMo., and disbursed as provided in Subsection (1)
of Section 479.080, RSMo. Any other Court costs required in connection
with such cases shall be collected and disbursed as provided in Sections
488.010 to 488.020, RSMo.; provided that, each Municipal Court may
establish a Judicial Education Fund under the control of the Municipal
Court to retain one dollar ($1.00) of the fees collected on each case.
The fees collected shall be allocated between the two (2) funds as
determined by the Court. The Judicial Education Fund shall be used
only to pay for:
b.
The Appointed Counsel Fund shall be used only to pay the reasonable
fees approved by the Court for the appointment of an attorney to represent
any defendant found by the Judge to be indigent and unable to pay
for legal representation, and where the Supreme Court rules or the
law prescribes such appointment. Provided further, that no Municipal
Court shall retain more than one thousand five hundred dollars ($1,500.00)
in the Judicial Education Fund for each Judge, Administrator or Clerk
of the Municipal Court and no more than five thousand dollars ($5,000.00)
in the Appointed Counsel Fund. Any excess funds shall be transmitted
quarterly to the General Revenue Fund of the County or Municipal Treasury.
9.
Inmate Security Fund.
a.
A surcharge of two dollars ($2.00) shall be assessed as costs
in each Court proceeding filed in any Court in any City adopting such
a surcharge, in all violations of any municipal ordinance; except
that no such fee shall be collected in any proceeding in any Court
when the proceeding or the defendant has been dismissed by the Court
or when costs are to be paid by the City. A surcharge of two dollars
($2.00) shall be assessed as costs in a Juvenile Court proceeding
in which a child is found by the Court to come within the applicable
provisions of Subdivision (3) of Subsection (1) of Section 211.031,
RSMo.
b.
The City shall deposit funds generated by the surcharge into
the "Inmate Security Fund." Funds deposited 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.
Notwithstanding any provision of law, Supreme Court Rule, or
Court Operating Rule, in a proceeding for a municipal ordinance violation
or any other proceeding before a Municipal Court if the charge carries
the possibility of fifteen (15) days or more in jail or confinement,
a defendant shall not be charged any fee for obtaining a police report,
probable cause statement, or any video relevant to the traffic stop
or arrest. Such police report, probable cause statement, or video
shall be provided by the prosecutor upon written request by the defendant
for discovery.
[R.O. 1993 § 135.052; Ord. No.
2010-2887 §§ 1 — 3, 10-26-2010]
A.
Under and by the authority of Section 488.014, RSMo., the Court Administrator
shall not provide refunds of Court costs whenever the amount is five
dollars ($5.00) or less nor shall the Court Administrator be required
to collect Court costs due whenever the amount due is less than five
dollars ($5.00).
B.
Any such overpaid Court costs shall be paid over to the City Collector
to be used for the operation of the Municipal Court.
C.
The Mayor is authorized and directed to enter into an agreement with
the County Commission to retain such overpayment of Court costs.
[R.O. 1993 § 135.065; Ord. No.
96-2242 §§ 1 — 2, 9-10-1996]
A.
The costs to be charged for boarding a prisoner in the Aurora City
Jail shall be at the same rate allowed to be charged by the County
Sheriff.
B.
Any fees collected for the boarding of a prisoner in the Aurora City
Jail shall hereafter be deposited with the City of Aurora, and allocated
to the City Jail Boarding Fund.
