City of Kearney, MO Fines and Court Costs

[Ord. No. 749-97 §2, 8-18-1997; Ord. No. 805-99 §§1 — 2, 12-6-1999; Ord. No. 910-02 §§1 — 4, 6-17-2002; Ord. No. 1206-2012 §§1 — 2, 11-5-2012; Ord. No. 1273-2014 §1, 12-15-2014; Ord. No. 1292-2015 §1, 10-3-2015; Ord. No. 1479-2021, 12-6-2021; Ord. No. 1532-2023, 8-7-2023]

In addition to any fine that may be imposed by the Municipal Judge there may be assessed the following costs in all cases. All costs collected are to be remitted to the respective State, County or City treasuries as referenced below in each fund, on not less than a monthly basis. None of these fees shall be collected in any case where a case or defendant has been dismissed by the Court or when the Judge declares the defendant indigent and/or costs are waived by the Judge or when costs are to be paid by the State, County or City. Additionally, as defined in Section 479.350(3) and 479.350(4), RSMo., the total of Court costs and fines for Municipal minor traffic violations or Municipal ordinance violations shall not exceed the amount authorized by State law:

Clerk Fee. Pursuant to Section 479.260, RSMo., and as authorized by Section 488.012.3(6), RSMo., a twelve dollar ($12.00) Clerk fee shall be assessed. Funds shall be paid to the City Treasury.

Judicial Education Fund. Pursuant to Section 479.260, RSMo., the Municipal Judge may establish, by judicial order, a Judicial Education Fund to provide for the continuing education and certification of Municipal Judges, and the judicial education and training of the Court Administrator and Clerks of the Municipal Division. If the Fund has been established, the Municipal Division withholds one dollar ($1.00) from "all fees collected" on each case, and deposits it in the Judicial Education Fund administered by the Municipal Division. The Judicial Education Fund is not an additional fee, but it allows for an allocation of one dollar ($1.00) to be taken from the twelve dollar ($12.00) Clerk fee.

Appointed Counsel Fund. Pursuant to Section 479.260, RSMo., the Municipal Judge may establish an Appointed Counsel Fund, funded by the same one dollar ($1.00) referenced in Section 130.270(A)(1)(a), with the allocation between the two (2) funds being determined by the Court. The Appointed Counsel Fund shall only be used to pay Court-approved reasonable fees for attorneys for indigent defendants who cannot pay for legal representation and are required to have appointed counsel by Supreme Court rules or the law. Any fund balance that exceeds five thousand dollars ($5,000.00) shall be paid over to the City Treasury.

Crime Victim's Compensation Fund. Pursuant to Sections 488.5339 and 595.045.6, RSMo., a crime victim's compensation surcharge of seven dollars and fifty cents ($7.50) shall be assessed.

Ninety-five percent (95%) or seven dollars and thirteen cents ($7.13) shall be paid to the Director of Revenue of the State of Missouri to the credit of the Crime Victim's Compensation Fund; and

Five percent (5%) or thirty-seven cents ($0.37) shall be transmitted for deposit in the City Treasury.

Peace officer standards and training (POST) commission surcharge. Pursuant to Section 488.5336, RSMo., the Municipal Judge shall assess one dollar ($1.00) for the training of Police Officers. The fees collected shall be paid to the Treasurer, State of Missouri, Peace Officer Standards and Training Commission Fund to be used Statewide for training Law Enforcement Officers.

Law Enforcement Training Fund Surcharge. Pursuant to Section 488.5336, RSMo., the Municipal Judge may assess a surcharge of two dollars ($2.00) and shall be used locally for training Law Enforcement Officers. The surcharge shall be paid to the City Treasury.

Law Enforcement Arrest Costs. Pursuant to Section 488.5334, RSMo., the Municipal Judge may order a defendant who pleads guilty or is found guilty or convicted of alcohol- or drug-related traffic offenses, to reimburse the City for the costs associated with the defendant's arrest pursuant to Sections 342.020 or 342.030 of this Code or any ordinance of the City of Kearney involving alcohol- or drug-related traffic violations. Such costs shall include the reasonable cost of making the arrest, including the cost of any chemical test made under Chapter 577, RSMo., 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.

Domestic Violence Shelter Fund. Pursuant to Section 488.607, RSMo., a surcharge of four dollars ($4.00) for each criminal case and each County or Municipal ordinance violation case shall be assessed for the purpose of providing operating expenses for shelters for battered persons. The fees collected shall be paid to Synergy Services, Inc., on a monthly basis, to be used solely for the operating expenses of Synergy Services, Inc., in providing shelter for battered persons as defined in Sections 455.200 through 455.230, RSMo.

Inmate Prisoner Detainee Security Fund Surcharge. Pursuant to Section 488.5026, RSMo., the Municipal Judge may assess a surcharge of two dollars ($2.00). Funds are to be used for development and maintenance of the biometric identification systems to track City prisoners and to pay expenses related to custody, housing, and other costs associated with the offender's incarceration. The surcharges shall be paid to the City Treasury.

Statewide Court Automation Fund. In addition to other costs authorized by this Section, there shall be assessed a State Court automation surcharge in the amount authorized by Section 476.056, RSMo., in every proceeding filed in the Municipal Division for violation of an ordinance. Such surcharge shall also be assessed in cases in which pleas of guilty are processed by the Violations Bureau. The surcharge collected shall be paid to the Missouri Director of Revenue to the credit of the Missouri Statewide Automation Fund as provided in Sections 488.012.3(5) and 488.027.2, RSMo.

Work/Construction Zone.

As used in this Subsection, the term "construction zone" or "work zone" means any area upon or around any highway as defined in Section 302.010, RSMo., which is visibly marked by the Department of Transportation or a contractor performing work for the Department of Transportation as an area where construction, maintenance, or other work is temporarily occurring. The term "work zone" or "construction zone" also includes the lanes of highway leading up to the area upon which an activity described in this Subsection is being performed, beginning at the point where appropriate signs directing motor vehicles to merge from one (1) lane into another lane are posted.

Upon a conviction or a plea of guilty by any person for a moving violation as defined in Section 302.010, RSMo., the Court shall assess a fine of thirty-five dollars ($35.00) in addition to any other fine authorized to be imposed by law, if the violation occurred within a construction zone or a work zone.

Upon a conviction or plea of guilty by any person for a speeding violation or for a passing violation pursuant to Subsection (A)(9)(f) of this Subsection, the Court shall assess a fine of two hundred fifty dollars ($250.00) in addition to any other fine authorized by law, if the violation occurred within a construction zone or a work zone and at the time the speeding or passing violation occurred there was any person in such zone. However, no person assessed an additional fine pursuant to this Subsection shall also be assessed an additional fine pursuant to Subparagraph (A)(9)(b) of this Subsection, and no person shall be assessed an additional fine pursuant to this Subsection if no signs have been posted pursuant to Subparagraph (A)(9)(d) of this Subsection.

The penalty authorized by Subparagraph (A)(9)(c) of this Subsection shall only be assessed by the Court if the Department of Transportation or contractor performing work for the Department of Transportation or contractor performing work for the Department of Transportation has erected signs upon or around a construction or work zone which are clearly visible from the highway and which state substantially the following message: "Warning: two hundred fifty dollars ($250.00) fine for speeding or passing in this work zone."

During any day in which no person is present in a construction zone or work zone established pursuant to Subparagraph (A)(9)(c) of this Subsection to perform duties related to the purpose of the zone, the sign warning of additional penalties shall not be visible to motorists. During any period of two (2) hours or more in which no person is present in such zone on a day in which persons have been or will be present to perform duties related to the reason for which the area was designated as a construction zone or work zone, the sign warning of additional penalties shall not be visible to motorists. The Department of Transportation or contractor performing work for the Department of Transportation shall be responsible for compliance with provisions of this Section. Nothing in this Section shall prohibit warning or traffic control signs necessary for public safety in the construction or work zone being visible to motorists at all times.

The driver of a motor vehicle may not overtake or pass another motor vehicle within a work zone or construction zone. This Subsection applies to a construction zone or work zone located upon a highway divided into two (2) or more marked lanes for traffic moving in the same direction and for which motor vehicles are instructed to merge from one (1) lane into another lane by an appropriate sign erected by the Department of Transportation or a contractor performing work for the Department of Transportation.

This Subsection shall not be construed to enhance the assessment of Court costs or the assessment of points pursuant to Section 302.302, RSMo.