City of Rogersville, MO Fines and Court Costs

[Ord. No. 295 §§1 — 4, 8-15-1996; Ord. No. 600 §§1 — 4, 4-21-2008; Ord. No. 601 §§1 — 4, 5-5-2008; Ord. No. 683 §5, 5-3-2010]

In addition to any fine that may be imposed by the Municipal Judge in any case filed in the Rogersville Municipal Division of the 30th Judicial Circuit Court, and in addition to all other fees authorized or required by law, there shall be assessed as costs the following:

Costs of Court.

Pursuant to the authority granted in, and subject to the provisions contained in, Section 488.2205, RSMo., the Municipal Court of the City shall be authorized to and shall assess and collect a surcharge of twelve dollars ($12.00) as costs in each such case, except as provided in Subsection (1)(b) of this Section.

Notwithstanding the provisions of Subsection (1)(a) hereof, no such surcharge shall be collected in any proceeding when the proceeding or defendant has been dismissed by the Court or when costs are to be paid by the City.

The Clerk of the Municipal Court shall remit all costs collected pursuant to the provisions of this Subsection to the County Treasurer of Webster County, Missouri, in the manner provided by Sections 488.010 to 488.020, RSMo., for credit to the "Thirtieth Circuit Juvenile Detention Center Fund".

This Subsection shall be in full force and effect as of April 21, 2008, and shall expire, and be of no further force and effect, on and after January 1, 2010.

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.

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.

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.

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:

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.

Five percent (5%) shall be paid to the City Treasury.

Motorcycle Safety Trust Fund.

Any person who violates a municipal ordinance when the Court finds that the violation occurred when the defendant was the operator of a motorcycle or motortricycle shall have a judgment assessed against the defendant of five dollars ($5.00) in the favor of the State of Missouri Motorcycle Safety Trust Fund. Any motor vehicle operator who violates a municipal ordinance where the violation involves a motorcycle or motortricycle or where the operator causes an accident involving a motorcycle or motortricycle shall have a judgment assessed against the defendant of five dollars ($5.00) in the favor of the State of Missouri Motorcycle Safety Trust Fund.

Each Court cost assessed under this Section shall be doubled if the operator at fault violated any State law or local ordinance relating to the consumption of alcohol.

The Court costs collected under this Section by the Clerk of the Court shall be paid into the State Treasury to the credit of the Motorcycle Safety Trust Fund created in Section 302.137, RSMo.

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.

Actual costs assessed against the City by the County Sheriff for apprehension or confinement in the County Jail.

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.

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 (10) hereof.

Reimbursement of certain costs of arrest.

Upon a plea or a finding of guilty for a first (1st) offense of violating the provisions of an ordinance of the City of Rogersville 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.

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.

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.

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 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.

Spinal Cord Injury Fund. Any person convicted of an intoxication-related offense, as provided in Section 577.023 RSMo., shall have a judgement of twenty-five dollars ($25.00) assessed. Collections by the Court shall be paid to the State Department of Revenue to the credit of the Spinal Cord Injury Fund, to the following address:

Missouri Department of Revenue

County Tax Section

P.O. Box 453

Jefferson City, MO 65105-0453

11.

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.

12.

Juvenile detention center surcharge.

Pursuant to the authority granted in, and subject to the provisions contained in, Senate Bill 869 as duly enacted by the 88th General Assembly of the Missouri Legislature and signed into law by the Governor of the State of Missouri, the Municipal Court of the City shall be authorized to and shall assess and collect a surcharge of ten dollars ($10.00) as costs in each such case, except as provided in Subsection (13)(b) of this Section.

Notwithstanding the provisions of Subsection (13)(a) hereof, no such surcharge shall be collected in any proceeding when the proceeding or defendant has been dismissed by the Court or when costs are to be paid by the City.

The Clerk of the Municipal Court shall remit all costs collected pursuant to the provisions of this Subsection to the County Treasurer of Webster County, Missouri, in the manner provided by Section 488.2205, RSMo., for credit to the "Thirtieth Circuit Juvenile Detention Center Fund".

This Subsection shall be in full force and effect as of August 28, 1996, and shall expire and be of no further force and effect on and after January 1, 2005.

13.

Statewide Court Automation Fund.

Pursuant to the authority granted in, and subject to the provisions contained in, Section 476.055 and Section 476.056, RSMo., the Municipal Court of the City shall be authorized to and shall assess and collect a surcharge of seven dollars ($7.00) as costs in each such case, except as provided in Subsection (13)(b) of this Section.

The Clerk of the Municipal Court shall remit all costs collected pursuant to the provisions of this Subsection to the statewide Court Automation Fund in the manner provided by Sections 476.053, 476.055, 488.010 and 488.020, RSMo.

This Subsection shall be in full force and effect as of May 5, 2008 and shall expire, and be of no further force and effect, on and after September 1, 2011.

14.

The City of Rogersville shall impose a charge of twenty-five dollars ($25.00) for each check received by the City for payment of any service, fee, fine, license, permit, Municipal Court payment, tax or any other payment to the City by check which is subsequently returned unpaid to the City. The twenty-five dollar ($25.00) returned check fee must be paid by cash, money order or credit card to the City prior to close of the business day the returned check is received. Amounts due for City services, fees, fines, licenses, permits, Municipal Court payments, taxes or any other payment to the City by check which is returned unpaid to the City is a legal obligation of said payor in addition to the twenty-five dollar ($25.00) returned check fee.

15.

(Reserved)

[Ord. No. 796 §§1 — 3, 7-15-2013[1]; Ord. No. 1032, 1-3-2022[2]]

[1]

Editor's Note: Section 4 of this ordinance provided an effective date of 8-28-2013.

[2]

Editor's Note: Former Subsection (A)(15), regarding the Sheriffs' Retirement Fund, was repealed 1-3-2022 by Ord. No. 1032.