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. 715 §1, 8-19-2013; Ord. No. 833, 11-19-2018]
A. In addition to any fine that may be imposed by the Municipal Judge
in any case filed in the Strafford Municipal Division of the 31st
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.
Sheriffs' Retirement Fund. There shall be assessed and collected
a surcharge of three dollars ($3.00) 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 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.
5.
In addition to any costs which may be assessed by the Municipal
Division, pursuant to Statute, ordinance or Court Rule, in every proceeding
filed in the Municipal Division for violation of any ordinance, a
surcharge of seven dollars ($7.00) shall be assessed. Such surcharge
shall also be assessed in cases in which pleas of guilty are processed
in the Traffic Violations Bureau. No such surcharge shall be collected
when the proceeding or defendant has been dismissed by the Court,
when costs are waived or when costs are paid by the City. Such surcharge
shall be collected by the Municipal Court and transmitted monthly
to the Missouri Director of Revenue to the credit of the Missouri
Statewide Court Automation Fund as provided in Sections 488.012.3(5)
and 488.027.2, RSMo.
6.
There may also be assessed a two-dollar cost per case for each
criminal case and each County or municipal ordinance violation case
for the purpose of providing operating expenses for shelters for battered
persons as set out in Section 488.607, RSMo.
7.
Other costs, such as for the issuance of a commitment or a summons,
as provided before the Associate Circuit Judge in criminal prosecutions.
8.
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.
9.
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.
10. 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 Subsection
(A)(11) hereof.
11.
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 Strafford 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 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.