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. 2006 §§145.145(5), 145.150(E), (F); Ord. No. 04-074 §1, 11-15-2004]
A.
In
addition to any fine that may be imposed by the Municipal Judge in
any case filed in the Ozark Municipal Division of the 38th 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 Subparagraph (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 Subparagraph shall be paid at least monthly as follows:
4.
There shall also be assessed a four dollar ($4.00) cost per case
for each ordinance violation, except in those cases where no court
costs are authorized, for the purpose of providing operating expenses
for shelters for battered persons as set out in Section 488.607 RSMo.
[Ord. No. 14-041 §1, 9-15-2014]
5.
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.
6.
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.
7.
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.
8.
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 Section 125.330(9) hereof.
9.
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 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 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.
d.
Upon receipt of such additional costs authorized by this Subparagraph,
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.
10.
Interpreter fees. Actual costs assessed against
the City by an interpreter for services rendered during an appearance
or other proceedings before the City of Ozark Municipal Court. No
such costs shall be assessed when interpreter services are rendered
for hearing impaired individuals appearing before the Court.
11.
The Municipal Court Clerk is authorized to withhold one dollar ($1.00)
from all fees collected to be deposited in the Judicial Education
Fund which is hereby established. This fund may accumulate up to one
thousand five hundred dollars ($1,500.00) and shall be used to defray
the expenses of continuing education and certification of Municipal
Judges and Municipal Court Clerks. Any funds withheld in excess of
one thousand five hundred dollars ($1,500.00) shall be turned over
quarterly to the City Treasurer for deposit in the General Revenue
Fund.
12.
There shall also be assessed a two dollar ($2.00) cost per case for
each ordinance violation, except in those cases where no court costs
are authorized, for the purpose of establishing the inmate Prisoner
Detainee Security Fund as provided by Section 488.5026 RSMo.
[Ord. No. 14-055 §1, 12-15-2014]
13.
There shall be assessed a seven dollar ($7.00) surcharge for the
Statewide Court Automation Fund.
[Ord. No. 18-075, 12-17-2018]
14.
Sheriffs Retirement Fund. A sum of three dollars ($3.00) shall be
assessed in addition to all other costs set forth herein, in accordance
with Section 57.955, RSMo.
[Ord. No. 18-075, 12-17-2018]
[R.O. 2006 §145.155; Ord. No. 04-074 §1, 11-15-2004]
The Board of Aldermen is hereby designated the authority to
administer the allocation and distribution of domestic violence shelter
funds pursuant to Section 455.210, RSMo.
[1]
Cross Reference — As to surcharge amount, §125.330(4).
[R.O. 2006 §145.160; Ord. No. 04-074 §1, 11-15-2004]
A.
Pursuant
to Section 455.215, RSMo., a shelter for victims of domestic violence
may apply for funds to be used for the funding of the shelter. All
applications must be submitted by the first (1st) day of October of
the year preceding the calendar year for which the funding is desired
and shall include all of the following:
1.
Evidence the shelter is incorporated in this State as a non-profit
corporation; and
2.
A list of the directors of the corporation and a list of the trustees
of the shelter, if different; and
3.
The proposed budget of the shelter for the following calendar year;
and
4.
A summary of the services proposed to be offered in the following
calendar year; and
5.
An estimate of the number of persons to be served during the following
calendar year.
B.
Upon
receipt of the application for funds from a shelter that meets the
criteria set forth above, the Board of Aldermen, on or before the
fifteenth (15th) day of November of the year in which the application
was filed, shall notify the shelter, in writing, whether it is eligible
to receive funds and, if the shelter is eligible, specify the amount
available for that shelter from the fees collected pursuant to this
Section.
C.
Funds
allocated to shelters pursuant to this Section shall be paid to the
shelters semi-annually on the first (1st) day of January and the first
(1st) day of July of the years following the year in which the application
is filed.
[R.O. 2006 §145.165; Ord. No. 04-074 §1, 11-15-2004]
A.
To qualify for funds allocated and distributed pursuant to Section 125.350, a shelter shall meet all of the following requirements:
1.
Be incorporated in the State as a non-profit corporation; and
2.
Have trustees who represent the racial, ethnic and socioeconomic
diversity of the community to be served, at least one (1) of whom
must possess personal experience in confronting or mitigating the
problems of domestic violence; and
3.
Receive at least twenty-five percent (25%) of its funds from sources
other than funds distributed pursuant to Section 125.330(4). These
other sources may be public or private and may include contributions
of goods or services, including materials, commodities, transportation,
office space or other types of facilities or personal services; and
4.
Provide residential service or facilities for children when accompanied
by a parent, guardian or custodian who is a victim of domestic violence
and who is receiving temporary residential service at the shelter;
and
5.
Require persons employed by or volunteering services to the shelter
to maintain the confidentiality of any information that would identify
individuals served by the shelter and any information or records that
are directly related to the advocacy services provided to such individuals;
and
6.
Prior to providing any advocacy services, inform individuals served
by the shelter of the nature and scope of the confidentiality requirement
in Subdivision (5) of this Subsection.
B.
Any person employed by or volunteering services to a shelter for victims of domestic violence shall be incompetent to testify concerning any confidential information described in Subdivision (5) of Subsection (A) of this Section, unless the confidentiality requirement is waived in writing by the individual served by the shelter.
C.
A shelter
does not qualify for funds if it discriminates in its admissions or
provision of services on the bases of race, religion, color, age,
marital status, national origin or ancestry.
[R.O. 2006 §145.170; Ord. No. 04-074 §1, 11-15-2004]
A.
If
the Board of Aldermen receives applications for more than one (1)
qualified shelter for victims of domestic violence and the requests
for the funds exceed the amount of funds available, funds shall be
allocated on the basis of the following priorities:
1.
To shelters offering or proposing to offer the broadest range of
services and referrals to the community served, including medical,
psychological, financial, educational, vocational, child care services
and legal service;
2.
To other facilities offering or proposing to offer services specifically
to victims of physical domestic violence;
3.
To other qualified shelters.
[R.O. 2006 §145.175; Ord. No. 04-074 §1, 11-15-2004]
A.
A shelter
for victims of domestic violence that receives funds pursuant to this
Chapter shall file an annual report with the Board of Aldermen on
or before the thirty-first (31st) day of March of the year following
the year in which funds were received. The annual report shall include
statistics on the number of persons served by the shelter, the relationship
of the victim of domestic violence to the abuser, the number of referrals
made for medical, psychological, financial, educational, vocational,
child care services or legal services and shall include the results
of an independent audit. No information contained in the report shall
identify any person served by the shelter or enable any person to
determine the identity of any such person. Any information contained
in the report that is directly related to advocacy services provided
by the shelter shall not be construed as a violation of Section 455.220,
RSMo.
