[Ord. No. 640 §28, 5-15-2003]
A.
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.
B.
When
a defendant is committed to jail pursuant to an arrest or the order
of the Judge, it shall be within the discretion of the Judge to order
a credit toward any fine connected with that arrest or order in the
amount of twenty-five dollars ($25.00) per each day served in jail.
[Ord. No. 640 §26(a, f —
g, j — k), 5-15-2003; Ord. No. 1010 §1, 3-15-2006; Ord. No. 1632 §1, 6-20-2012]
A.
In
addition to any fine that may be imposed by the Municipal Judge in
any case filed in the Dardenne Prairie Municipal Division of the 11th
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.
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.
b.
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.
c.
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:
4.
There may also be assessed a two dollar ($2.00) cost per case for
each criminal case and each County or municipal ordinance violation
case for the purpose of providing operating expenses for shelters
for battered persons as set out in Section 488.607, 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 for apprehension or confinement
in the St. Charles County Jail or costs assessed against the City
by any other detention facility.
[Ord. No. 2013, 3-4-2020]
7.
Mileage, in the same amount as provided to the Police Department
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.
[Ord. No. 2013, 3-4-2020]
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 (9) hereof.
9.
Reimbursement of certain costs of arrest.
a.
Upon a plea or a finding of guilty of violating the provisions of Sections 360.020 or 360.030 of this Code or any ordinance of the City of Dardenne Prairie 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 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.
In the event a warrant is issued, a charge of thirty-five dollars
($35.00) will be assessed by the Court.
11.
In addition thereto a cost of five dollars ($5.00) for the issuance
of a failure to appear summons will be assessed by the Court.
12.
In the event 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.
13.
In the event a failure to appear letter is sent, a charge of fifteen
dollars ($15.00) will be assessed by the Court.
14.
In the event a show cause order is issued, a charge of fifteen dollars
($15.00) will be assessed by the Court.
15.
The Dardenne Prairie Municipal Court, a Division of the 11th Judicial
Circuit Court of the State of Missouri, hereby establishes a Judicial
Education Fund and an Appointed Counsel Fund.
a.
One dollar ($1.00) out of each twelve dollars ($12.00) in Court costs
collected pursuant to Section 125.330(1) of the City Code shall be
retained by the Dardenne Prairie Municipal Court to fund the Judicial
Education Fund and the Appointed Counsel Fund. The fees collected
by the Municipal Court shall be allocated between the Judicial Education
Fund and the Appointed Counsel Fund, as determined by the Municipal
Court.
b.
Judicial Education Fund.
(2)
The Dardenne Prairie Municipal Court shall not 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.
Any fund balance in the Judicial Education Fund in excess of one thousand
five hundred dollars ($1,500.00) for a Judge, Administrator or Clerk
of the Municipal Court shall be transmitted quarterly to the General
Revenue Fund of the City of Dardenne Prairie Treasury.
(3)
The Judicial Education Fund must be kept in a separate account
from all other money and/or funds.
c.
Appointed Counsel Fund.
(1)
The Appointed Counsel Fund shall be used exclusively to pay
for 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
rules of the Supreme Court of Missouri or the law prescribes such
appointment.
(2)
The Dardenne Prairie Municipal Court shall not retain more than
five thousand dollars ($5,000.00) in the Appointed Counsel Fund. Any
fund balance in the Appointed Counsel Fund in excess of five thousand
dollars ($5,000.00) shall be transmitted quarterly to the General
Revenue Fund of the City of Dardenne Prairie Treasury.
(3)
The Appointed Counsel Fund must be kept in a separate account
from all other money and/or funds.
[Ord. No. 640 §27, 5-15-2003]
If, upon trial before the Municipal Judge or the Court to which
an appeal is taken, it appears to the satisfaction of the Court or
the jury trying the cause that the prosecution was malicious and without
probably cause, the Court shall so state in its findings or the jury
in its verdict, and the Court shall enter judgment for costs against
the prosecutor or person at whose instance the complaint was made
and shall issue execution therefor.
