[R.O. 2008 § 130.320]
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.
[R.O. 2008 § 130.330; R.O. 2007
§ 130.190; Ord. No. 1184 § 52, 1-17-1985; Ord. No. 1630 § 1, 9-1-1988; Ord. No. 2042 § 2, 7-3-1992; Ord. No. 3475 § 1, 12-17-1996; Ord. No. 3956 § 1, 9-21-1999; Ord. No. 4330 § 1, 1-29-2002; Ord. No. 4757 § 1, 12-13-2004; Ord. No. 5047 § 1, 8-1-2006; Ord. No. 5910 § 1, 7-25-2013; Ord. No. 6748, 1-15-2021]
A. Definitions. The following words and phrases,
as used in this Chapter, shall have the following respective meanings:
COURT COSTS
The cost, not to exceed twelve dollars ($12.00) as described
in and limited by Section 488.012(6), RSMo., which is assessed to
each defendant who pleads guilty, or is found guilty, in each proceeding
filed in the Municipal Court for the violation of the ordinances of
the City and which is payable to the City.
SURCHARGES
Amounts payable to the State of Missouri or other entities
or payable to the City for specific designated purposes that are assessed
to each defendant who pleads guilty, or is found guilty, in each proceeding
filed in the Municipal Court for the violation of the ordinances of
the City.
B. Court Costs. In addition to any fine that
may be imposed by the Municipal Judge, there shall be assessed Court
costs in the amount of twelve dollars ($12.00) in all cases.
C. Surcharges. The following surcharges shall
be collected in all cases; provided, however, that no such surcharge
shall be collected in any proceeding when the proceeding or defendant
has been dismissed by the Court or when costs are to be paid by the
City:
1.
A surcharge in the amount of three
dollars ($3.00), described in Section 488.5336, RSMo., which shall
be distributed as follows:
a.
Two dollars ($2.00) of the three
dollars ($3.00) shall be transmitted monthly to the Treasurer of the
City to be 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 the three dollars
($3.00) shall be sent to the State Treasury to the credit of the Peace
Officer Standards and Training Commission Fund created by Section
590.178, RSMo.
2.
A surcharge in the amount of seven
dollars and fifty cents ($7.50) imposed by Section 595.045, RSMo.,
for purposes of the Crime Victims' Compensation Fund established by
the State of Missouri. Such surcharge shall be collected by the Clerk
of the Court. All sums collected pursuant to this Subsection shall
be distributed as follows:
a.
Ninety-five percent (95%) of such
sums shall be forwarded to the State of Missouri for deposit to the
Crime Victims' Compensation Fund as provided in Section 595.045, RSMo.
b.
Five percent (5%) of such sums shall
be paid to the City as reimbursement for the costs of collection of
such State-imposed charge.
3.
A surcharge in the sum of two dollars
($2.00) authorized by Section 488.607, RSMo., for the purpose of providing
operating expenses for shelters for battered persons, as defined in
Sections 455.200 to 455.230, RSMo. Such cost shall be collected by
the Clerk of the Court and disbursed by the City to such shelters
that meet the requirements and qualifications of Sections 455.200
to 455.230, RSMo.
4.
A surcharge in the sum of two dollars
($2.00) authorized by Section 488.5026, RSMo., which shall be collected
by the Clerk of the Court and deposited into the Inmate Security Fund.
All funds within the Inmate Security Fund shall be utilized to develop,
install and maintain a biometric verification system to ensure that
inmates can be properly identified and tracked within the City's detention
system, and to pay for any expenses related to custody and housing
and other expenses for prisoners, all in accord with Section 488.5026,
RSMo.
D. Miscellaneous Charges and Reimbursements.
The following types of miscellaneous charges and reimbursements may
be imposed by order of the Municipal Judge:
1.
Actual charges assessed against the
City by other law enforcement agencies or correctional facilities
for apprehension or confinement of defendants.
2.
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.
3.
Other charges, such as for the issuance
of a warrant, a commitment, or a summons, as provided by the Associate
Circuit Judge in criminal prosecutions.
4.
Other charges, such as for recall
of a warrant, imposed by the Municipal Judge of the City of O'Fallon.
5.
All appeal costs from Municipal Court
to the Circuit Court.
6.
Expert witness fees for experts required
by the City. "Expert witnesses" are witnesses who testify relative
to matters outside the scope of general knowledge and possess special
skills and knowledge.
E. Alcohol- and Drug-Related Traffic Offenses
— Reimbursement to the City. Upon a plea of guilty or a finding
of guilty of violating the provisions of Section 577.010 or 577.012,
RSMo., or violations of O'Fallon ordinances involving alcohol- or
drug-related traffic offenses, the Municipal Court may, in addition
to the imposition of any penalties provided by law, order the defendant
to wholly or partially reimburse the O'Fallon Police Department that
made the arrest for the costs associated with such arrest. Such costs
shall include the reasonable cost of making the arrest, including
the cost of any chemical test made under this Chapter 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.
F. Judicial Waiver of Court Costs and Surcharges.
Nothing in this Section shall be construed to prohibit or limit the
authority of the Municipal Judge to waive Court costs and surcharges
in whole or in part.