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.
[CC 1994 §72.180; Ord. No. 96.44, 12-3-1996; Ord. No.
09.40 §1, 12-28-2009; Ord. No. 13-17 §1, 8-26-2013; Ord. No. 22-34, 6-27-2022; Ord. No. 22-45, 9-26-2022]
A. In
addition to any fine that may be imposed by the Municipal Judge in
any case filed in the Oronogo 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. 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 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 may 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. There shall be assessed a seven dollar ($7.00) surcharge for the
Statewide Court Automation Fund.
6. 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 Oronogo 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.
7. Judicial Education Fund. The City hereby provides 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 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:
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.
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.
|
8. Where there is an application for trial de novo, there shall be an
additional fee of thirty dollars ($30.00) to be collected by the Clerk
and remitted to the Circuit Clerk, along with the application for
trial de novo.