[R.O. 2012 §125.310]
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. 2012 §125.320; Ord. No. 754 §§1 — 2, 10-1-2001]
A. In
addition to any fine that may be imposed by the Municipal Judge in
any case filed in the Ash Grove 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
(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. 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.
5. Actual costs assessed against the City by the County Sheriff for
apprehension or confinement in the County Jail.
6. 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.
7. 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 Subparagraph (8) hereof.
8. 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 Ash Grove 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 with
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.
9. A surcharge of three dollars ($3.00) shall be assessed and collected
payable to the Sheriffs' Retirement Fund created in Section 57.955,
RSMo.
10.
The Clerk for the Municipal Court shall collect an additional
ten dollar ($10.00) surcharge on each Court proceeding filed in the
Ash Grove Municipal Court.
[Ord. No. 980 §§1 —
4, 9-15-2014]
a.
Said surcharge will not be collected in a proceeding when the
defendant's case has been dismissed by the Court or where costs
are to be paid by the City of Ash Grove.
b.
Funds received from said surcharge shall be used only to pay
costs associated with the following:
(1) Land assembly, purchase, construction, maintenance
and operations of the Municipal Judicial Facility.
(2) Debts service, utilities, maintenance and building
security of the Municipal Judicial Facility.
c.
Monies exceeding the need as noted in Subsection
(10)(b) shall be transferred quarterly to the General Revenue Fund for the City of Ash Grove.
11. In addition to any cost 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 an 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
Violations Bureau. No such surcharge shall be collected when the proceeding
for defendant has been dismissed by the Court, when costs are waived,
or when costs are paid to 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 Section 488.012.3(5) and Section 488.027.2, RSMo.
[Ord. No. 1133, 2-3-2020]