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. 2021-64, 12-14-2021]
A. In all cases before the Traffic Violations Bureau and the Municipal
Court where the defendant pleads guilty or is convicted, there shall
be collected from such defendant, in addition to the fine or other
punishment unposed the following court costs:
1.
The sum of twelve dollars ($12.00) as Court costs.
2.
A fee of two dollars ($2.00) shall be assessed and collected
and set aside in a separate fund by the City Treasurer to be used
solely for the training of Police Officers.
3.
A fee of one dollar ($1.00) shall be assessed and collected
and set aside to be used Statewide for training Law Enforcement Officers
to be deposited into the Peace Officer Standards and Training Commission
Fund.
4.
A fee of seven dollars fifty cents ($7.50) shall be assessed
and ninety-five percent (95%) of this fee shall be deposited in the
Crime Victims' Compensation Fund and five percent (5%) of this fee
shall be deposited in the General Fund.
5.
A fee of two dollars ($2.00) for the purpose of providing operating
expenses for shelters for battered persons as set out in Section 488.607,
RSMo.
6.
A fee of seven dollars ($7.00) shall be assessed, collected,
and set aside for the Statewide Court Automation Fund, with all such
amounts collected transmitted monthly to the Missouri Director of
Revenue to the credit of the Missouri Statewide Court Automation Fund.
B. In addition to the costs set forth in Subsection
(A) above the court may also order the collection of the following additional costs where such costs have been incurred:
1. 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.
2. Actual costs assessed against the City by the County Sheriff for
apprehension or confinement in the County Jail.
3. 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) to serve any warrant or commitment or order of this
Court.
4. Any other reasonable cost as may be otherwise provided by ordinance and permitted under the laws of the State of Missouri, 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
(B)(5) hereof.
5. Reimbursement of certain costs of arrest.
a. Upon a plea or a finding of guilty for a first (1st) offense of violating
the provisions of an ordinance of the City of Lake Ozark, 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 shall 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.
Notwithstanding any provision of law, Supreme Court Rule, or
Court Operating Rule, in a proceeding for a municipal ordinance violation
or any other proceeding before a Municipal Court if the charge carries
the possibility of fifteen (15) days or more in jail or confinement,
a defendant shall not be charged any fee for obtaining a police report,
probable cause statement, or any video relevant to the traffic stop
or arrest. Such police report, probable cause statement, or video
shall be provided by the prosecutor upon written request by the defendant
for discovery.
[R.O. 1994 § 125.280; Ord. No.
109 § 28, 12-19-1978]
The cost of any action may be assessed against the prosecuting
witness and judgment be rendered against him/her that he/she pay the
same and stand committed until paid in any case where it appears to
the satisfaction of the Municipal Judge that the prosecution was commenced
without probable cause and from malicious motives.
[R.O. 1994 § 125.300; Ord. No.
68 §§ 2-3, 5-6-1971]
A. The fees and expenses authorized by law of all witnesses who are
summoned, and appear in any case before the Municipal Court of the
City of Lake Ozark, Missouri, shall also be collected from every person
hereafter convicted before said Municipal Court of said City for the
violation of any of the ordinances of said City, as additional costs
in each case.
B. The sums so collected as costs under Section
125.320(A)(1) hereof shall be paid into the General Revenue Funds of said City of Lake Ozark, and all of the expenses of operating the Municipal Court of said City, and the fees and expenses of all witnesses who appear in any proceeding before said Court shall, when authorized, be paid out of said General Revenue Fund.