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. 2013 §125.320(10); Ord. No. 66-08 §4, 1-1-2005]
A. In
addition to any fine that may be imposed by the Municipal Judge in
any case filed in the Tarkio Municipal Division of the 4th 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. There may also be assessed a two dollar ($2.00) cost 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. However,
surcharge shall not be collected in any proceeding when the action
against the defendant has been dismissed by the Court or when costs
are paid by the City.
a. All amounts collected pursuant to this Subsection shall be payable
to CARE of Atchison County for the purpose of providing operating
expenses for any shelter for battered persons as defined by State
law.
5. There shall be assessed a seven dollar ($7.00) surcharge for the
Statewide Court Automation Fund.
6. Sheriff's retirement fund. In accordance with Section
57.955, RSMo., there shall be assessed a fee of three dollars ($3.00)
following a conviction or plea of guilty in all cases involving the
violation of a municipal ordinance or traffic law, except those cases
where the charge has been dismissed by the Court or when costs are
to be paid by the State, County or municipality.
7. 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.
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 125.320(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 Tarkio 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.
12. Judicial Education Fund. Cities by ordinance may
provide for fees in an amount per case to be set pursuant to Sections
488.010 to 488.020, RSMo., for each municipal ordinance violation
case filed before a Municipal Judge, and in the event a defendant
pleads guilty or is found guilty, the Judge may assess costs against
the defendant except in those cases where the defendant is found by
the Judge to be indigent and unable to pay the costs. The fees authorized
in this Subsection are in addition to service charges, witness fees
and jail costs that may otherwise be authorized to be assessed, but
are in lieu of other Court costs. The fees provided by this Subsection
shall be collected by the Municipal Division Clerk in municipalities
electing or required to have violations of municipal ordinances tried
before a Municipal Judge pursuant to Section 479.020, RSMo., or to
employ judicial personnel pursuant to Section 479.060, RSMo., and
disbursed as provided in Subsection (1) of Section 479.080, RSMo.
Any other Court costs required in connection with such cases shall
be collected and disbursed as provided in Sections 488.010 to 488.020,
RSMo.; provided that each Municipal Court may establish a Judicial
Education Fund and an Appointed Counsel Fund, each in separate accounts
under the control of the Municipal Court to retain one dollar ($1.00)
of the fees collected on each case. The fees collected shall be allocated
between the two (2) funds as determined by the Court. The Judicial
Education Fund shall be used only to pay for:
a. The continuing education and certification required of the Municipal
Judges by law or Supreme Court Rule; and
b. Judicial education and training for the Court Administrator and Clerks
of the Municipal Court.
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The Appointed Counsel Fund shall be used only to pay the reasonable
fees approved by the Court for the appointment of an attorney to represent
any defendant found by the Judge to be indigent and unable to pay
for legal representation, and where the Supreme Court rules or the
law prescribes such appointment. Provided further, that no Municipal
Court shall retain more than one thousand five hundred dollars ($1,500.00)
in the Judicial Education Fund for each Judge, Administrator or Clerk
of the Municipal Court and no more than five thousand dollars ($5,000.00)
in the Appointed Counsel Fund. Any excess funds shall be transmitted
quarterly to the General Revenue Fund of the County or Municipal Treasury.
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13. Inmate Security Fund.
a. A surcharge of two dollars ($2.00) shall be assessed as costs in
each Court proceeding filed in any Court in any City adopting such
a surcharge, in all violations of any municipal ordinance; except
that no such fee shall be collected in any proceeding in any Court
when the proceeding or the defendant has been dismissed by the Court
or when costs are to be paid by the City. A surcharge of two dollars
($2.00) shall be assessed as costs in a Juvenile Court proceeding
in which a child is found by the Court to come within the applicable
provisions of Subdivision (3) of Subsection (1) of Section 211.031,
RSMo.
b. The Treasurer shall deposit funds generated by the surcharge into
the "Inmate Security Fund". Funds deposited shall be utilized to acquire
and develop biometric verification systems and information sharing
to ensure that inmates, prisoners, or detainees in a holding cell
facility or other detention facility or area which holds persons detained
only for a shorter period of time after arrest or after being formally
charged can be properly identified upon booking and tracked within
the local law enforcement administration system, criminal justice
administration system, or the local jail system. Upon the installation
of the information sharing or biometric verification system, funds
in the Inmate Prisoner Detainee Security Fund may also be used for
the maintenance, repair, and replacement of the information sharing
or biometric verification system, and also to pay for any expenses
related to detention, custody, and housing and other expenses for
inmates, prisoners, and detainees.
14. Work/construction zone. Any person who is convicted
or pleads guilty to a speeding violation or passing/overtaking a vehicle
in a work/construction zone when there was any person present performing
duties in the work/construction zone and appropriate signs were posted
stating "Warning: $250 fine for speeding or passing in this work zone"
shall be assessed a fine of two hundred fifty dollars ($250.00) in
addition to any other fine assessed; except that any person assessed
the two hundred fifty dollar ($250.00) fine shall not also be assessed
the thirty-five dollar ($35.00) fine for any of the following offenses
in a construction or work zone: any moving violation or violation
of speeding, leaving the scene, careless and imprudent driving, operating
without a valid license, operating with a suspended or revoked license,
obtaining a license by misrepresentation, driving while intoxicated,
under the influence or BAC, any felony offense involving the use of
a vehicle, or failure to maintain financial responsibility.
[R.O. 2013 §125.330; CC 1991 §125.200; Ord. passed 2-6-1979]
The costs of any action may be assessed against the prosecuting
witness and judgment may 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. 2013 §125.340; CC 1991 §125.300; Ord. No. 125.300, 2-13-2001]
Any person who fails to pay fines and Court costs assessed for violating an ordinance pursuant to the installment method set forth in Section
125.310 of the Municipal Code without just cause shall be subject to additional fines and incarceration for their failure, in addition to any previous fines or Court costs that were imposed.