[CC 1970 §7-6; CC 1947 §4-6; Ord.
No. 4525 §1, 9-5-1986; Ord. No. 4887 §1, 6-9-1992; Ord. No. 5172 §1, 7-25-1995; Ord. No. 5300 §1, 12-17-1996; Ord. No. 5546 §1, 12-21-1999; Ord. No. 5645 §1, 8-28-2001; Ord. No. 5650 §1, 9-11-2001; Ord. No. 5721 §§1—2, 9-24-2002; Ord. No. 6017 §1, 6-10-2008]
A. Definitions. The following words and phrases, as used in
this Chapter, shall have the following respective meanings:
COURT COSTS
The total of fees, miscellaneous charges and surcharges imposed
in a particular case.
FEES
The amount charged for services to be performed by the Municipal
Court.
MISCELLANEOUS CHARGES
The amount allowed by law for services provided by individuals
or entities other than the Municipal Court.
SURCHARGES
Additional charges allowed by law which are allowed for specific
purposes designated by law.
B. In
addition to any fine that may be imposed by the Municipal Judge, there
shall be assessed as court costs in all cases the following:
1. Court fees in the amount of twelve dollars ($12.00).
2. In addition to any other court costs, an additional surcharge in
the sum of three dollars ($3.00) shall be assessed and added to the
basic court fees in paragraph (1) of this Subsection, provided that
no such surcharge 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 distributed as follows:
a. Two dollars ($2.00) of each such surcharge 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 surcharge 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. Other miscellaneous charges, such as for the issuance of a warrant,
a commitment or a summons, as provided before the Associate Circuit
Judge in criminal prosecutions.
4. Actual miscellaneous charges assessed against the City for apprehension
or confinement in any municipal, County or State jail or prison.
5. Miscellaneous 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.
6. In addition to any other court costs, an additional surcharge in
the sum of seven dollars fifty cents ($7.50) shall be assessed and
added to the basic court fees in paragraph (1) of this Subsection,
provided that no such surcharge 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 distributed
as follows:
a. Ninety-five percent (95%) of such surcharge shall be paid to the
Director of Revenue of the State for deposit to the Crime Victims'
Compensation Fund as provided in Section 595.045, RSMo.
b. Five percent (5%) of such surcharge shall be paid to the City treasury.
7. 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 130.200(8) hereof.
8. Reimbursement of certain costs of arrest.
a. Upon a plea or a finding of guilty of violating the provisions of Sections
342.010 of this Code or any ordinance of the City of Clayton 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.
9. In addition to any other court costs provided in this Code pertaining
to cases filed in the Clayton Municipal Division, an additional surcharge
in the sum of two dollars ($2.00) shall be assessed in each proceeding
filed in the Clayton Municipal Division for the violation of the ordinances
of said City. All sums collected pursuant to this Subsection shall
be distributed on a monthly basis to St. Louis County to be used only
for the purpose of providing operating expenses for shelters for battered
persons as provided in Section 488.607, RSMo.
10. In addition to any other court costs, the court may assess a fee
of two dollars ($2.00) pursuant to Section 488.5026, RSMo., in all
cases except where the proceeding is dismissed by the Court, in order
to develop and maintain biometric identification systems and for other
prisoner expenses. All fees collected pursuant to this Subsection
shall be transmitted monthly to the Finance Director of the City of
Clayton, who shall deposit funds generated by the surcharge into the
"Inmate Security Fund".
11.
There shall be assessed to each defendant who pleads guilty,
or is found guilty, in each proceeding filed in the Clayton 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. 6578, 1-22-2019]