[Code 1974 §160.260; CC 1984 §9-56]
If a fine is assessed for violation of this Code or any other
City ordinance, it shall be within the discretion of the Municipal
Judge assessing the fine to provide for the payment of a fine on an
installment basis under such terms and conditions as he/she may deem
appropriate.
[Code 1974 §160.250; CC 1984 §9-57]
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.
[Code 1974 §160.240; CC 1984 §9-58; Ord. No. 1-107G §1, 12-16-1991; Ord. No. 6-146 §§2 — 3, 7-14-2011; Ord.
No. 8-20, 2-11-2021]
A.
In
addition to any fine that may be imposed by the Municipal Judge in
any case filed in the Farmington Municipal 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 (A)(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:
4.
There shall be assessed a two dollar ($2.00) cost per case for each
municipal ordinance violation for the purpose of providing operating
expenses for shelters for battered persons as set out in Section 488.607,
RSMo.
5.
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 ordinance violation as set out in Section 125.310 herein.
6.
When there is an application for a trial de novo, there shall be
an additional fee of thirty dollars ($30.00) which shall be assessed
as Court costs in the same manner as provided in Section 479.260(2),
RSMo.
7.
Inmate Security Fund.
a.
The City of Farmington, Missouri, hereby directs that the Municipal
Court assess and collect a two dollar ($2.00) surcharge as authorized
by State law and this Subsection; and to pay over to the St. Francois
County Treasurer the amounts collected as the surcharge authorized
under Section 488.5026, RSMo.
b.
The funds deposited into the Inmate Security Fund shall only be used
in compliance with the applicable law related to the surcharges authorized
in Section 488.5026, RSMo., as enacted and/or amended from time to
time.
8.
There shall be assessed a surcharge of three dollars ($3.00) per
case for each violation of any municipal ordinance, but no such surcharge
shall be assessed when the costs are waived. The surcharge collected
pursuant to this Subsection shall be payable to the Sheriff's Retirement
Fund.
B.
No
fees for a Judge, City Attorney or prosecutor shall be assessed as
costs in any Code or ordinance violation case.
[CC 1984 §28-120; Ord. No. 8-7A §1, 7-20-1992; Ord. No. 8-7B §§1, 2, 5-16-1994]
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 Farmington involving alcohol- or drug-related traffic ordinance violations, 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 Ordinance Violation Cost Reimbursement Fund". Monies
with such fund shall be appropriated by the City Council 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.
