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.
[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]
A. 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:
1. Costs of Court.
a. 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.
b. 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.
c. 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".
d. 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.
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. Motorcycle Safety Trust Fund.
a. 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.
b. 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.
c. 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.
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.
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 Subsection
(10) hereof.
9. Reimbursement of certain costs of arrest.
a. 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.
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 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.
a. 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.
b. 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.
c. 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".
d. 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.
a. 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.
b. 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.
c. 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.
d. 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; Ord. No. 1032, 1-3-2022]
[Ord. No. 551 §§1
— 3, 1-16-2007]
A. There
is hereby imposed a surcharge of ten dollars ($10.00) to be assessed
as costs in each criminal proceeding filed in the Rogersville Municipal
Court. Such criminal proceedings shall include all violations of any
County or municipal ordinance or any violation of a criminal or traffic
law of the State, including an infraction.
B. No
such surcharge shall be collected unless in any proceeding when the
proceeding or defendant has been dismissed by the Court or when costs
are to be paid by the State, County or municipality.
C. Such
surcharges shall be collected and disbursed by the Clerk of the Rogersville
Municipal Court in the manner provided by Sections 488.010 to 488.020,
RSMo., and shall be payable to the Treasurer of the County where the
violation occurred.