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 1992 §135.135(8); Ord. No. 889 §1, 10-5-2009; Ord. No. 917 §1, 4-5-2010; Ord. No. 927 §1, 7-19-2010; Ord. No. 928 §1, 7-19-2010; Ord.
No. 1043 §3, 7-15-2013; Ord. No. 1484, 12-2-2019]
A. In addition to any fine that may be imposed by the Municipal Judge in any case filed in the Concordia Municipal Division of the Lafayette County Judicial Circuit Court and in addition to all other fees authorized or required by law, there shall be assessed, as costs, the following items which shall, when combined, constitute the Court Cost as referenced in Chapter
150, Table A of this Title.
B. Court
Cost.
1. Municipal Court Costs in the amount of twelve dollars ($12.00).
2. Police Officer Training Fee. A fee, in the amount of one dollar ($1.00)
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. A portion of each fee 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. A portion of each such Court cost as set out in Table A of Chapter
150 of this Title 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, 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
595.045.6, RSMo.
b. Five percent (5%) shall be paid to the City Treasury.
4. Law Enforcement Training Fund Surcharge. A fee of two dollars ($2.00)
is hereby established and assessed as additional Court costs in the
amount according to the law. Said fee shall be assessed on municipal
ordinance cases and disbursed monthly to the City Treasurer as required
in Chapter 488, RSMo., unless proceedings against the defendant have
been dismissed. Monies shall be used to defray training expenses of
the City of Concordia Law Enforcement Officers.
6. State Court Automation Surcharge. 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 or 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.
7. Shelter For Domestic Violence Surcharge. There is also assessed an
additional cost, in the amount of two dollars ($2.00) 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.
C. Additional
Fees Which May Be 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. 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. 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
(D) hereof.
D. Reimbursement
Of Certain Cost Of Arrest.
1. Upon a plea or a finding of guilty for a first (1st) offense of violating
the provisions of an ordinance of the City of Concordia 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.
2. 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.
3. 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.
E. In
Cases Heard By Associate Circuit Judge.
1. In the event any case is heard by an Associate Circuit Judge, the
Court shall collect additional costs as required by law.
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.
[CC 1992 §135.140; Ord. No. 407 §135.140, 11-20-1989]
If, upon trial before the Municipal Judge, it appears to the
satisfaction of the Court or the jury trying the cause that the prosecution
was malicious and without just cause, the Court shall so state in
its findings or the jury in its verdict, and the Court shall enter
judgment against the complaint for the costs of the suit.
[CC 1992 §135.145; Ord. No. 407 §135.145, 11-20-1989]
The costs 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.
[Ord. No. 767 §1, 1-17-2006]
Remuneration to the City of Concordia Law Enforcement fund for fingerprinting services is hereby set in an amount as set out in Table A of Chapter
150 of this Title. Payment shall be made to the City Clerk on the day of service.