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. 7285 §1, 7-23-2007; Ord. No. 13-023 §1, 8-26-2013; Ord.
No. 19-006, 3-25-2019]
A. In
addition to any fine that may be imposed by the Municipal Judge in
any case filed in the Webb City Municipal Division of the 29th 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. Pursuant to Section 488.5336.1, RSMo., 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. 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:
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.
4. There shall 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.
5. 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.
6. 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.
7. 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.
8. 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
135.310(A)(9) hereof.
9. Reimbursement Of Certain Costs Of Arrest.
a. Upon a plea or a finding of guilty of violating the provisions of Sections
342.020 or
342.030 of this Code or any ordinance of the City of Webb City 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 City Council 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.
10. Inmate Security Fund. A fee of two dollars ($2.00) shall be assessed
as costs in each court proceeding, except that no such fee shall be
collected in any proceeding when the proceeding against the defendant
has been dismissed or when costs are to be paid by the State, County
or municipality. Such funds collected shall be deposited in the "Inmate
Security Fund" and such funds may be utilized to develop and maintain
biometric verification systems and to pay for any expenses related
to custody and housing and other expenses for prisoners.
11.
Sheriffs' Retirement Fund. There shall be assessed and collected
a surcharge of three dollars ($3.00) in all civil actions filed in
the Courts of this State and in all criminal cases including violation
of any County ordinance or any violation of criminal or traffic laws
of this State, including infractions, but no such surcharge shall
be assessed when the costs are waived or are to be paid by the State,
County or municipality or when a criminal proceeding or the defendant
has been dismissed by the Court. The Clerk responsible for collecting
Court costs in civil and criminal cases shall collect and disburse
such amounts as provided by Sections 488.010 to 488.020, RSMo. Such
funds shall be payable to the Sheriffs' Retirement Fund.
12. Judicial Education Fund. The Municipal Court shall retain one dollar
($1.00) of the fees collected on each case to be allocated to the
Judicial Education Fund. The Judicial Education Fund shall be used
only to pay for:
a. The continuing education and certification required of the Municipal
Judges by law or Supreme Court Rule; and
b. Judicial education and training for the Court Administrator and Clerks
of the Municipal Court.