[Ord. No. 17-02, 3-7-2017]
A.
In addition to any fine that may be imposed by the Municipal Judge
in any case filed in the Lake Lotawana Municipal Division of the 16th
Judicial Circuit Court, and in addition to all other fees authorized
or required by law, there shall be assessed as costs the following:
2.
Police Officer Training Fee. A fee as set forth in the Comprehensive
Schedule of Fees and Charges[2] 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 as set forth
in the Comprehensive Schedule of Fees and Charges[3] 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 cost as set forth in the Comprehensive
Schedule of Fees and Charges[4] 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.
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 or costs assessed
against the City by any other detention facility.
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 Section 125.320(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 Lake Lotawana 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.
11.
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 and an Appointed Counsel Fund,
each in separate accounts under the control of the Municipal Court
to retain an amount as set forth in the Comprehensive Schedule of
Fees and Charges[6] 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.
