[RSMo. §479.240]
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.
[RSMo. §§488.5332, 488.5334, 488.5336, 488.607,
595.045(2005); R.O. 2006 §140.120; CC 1986 §72.130; Ord. No. 1127 §§1 — 4, 10-26-1992; Ord. No. 1165 §1, 12-12-1994; Ord. No. 1170 §1, 5-30-1995; Ord. No. 1199 §§1 — 2, 12-30-1996; Ord. No. 1209 §1, 7-14-1997; Ord. No. 1285 §§1 — 2, 9-17-2001; Ord. No. 1315 §1, 4-14-2003; Ord. No. 1362 §1, 2-14-2005; Ord. No. 1499, 11-19-2015; Ord. No. 1567, 6-17-2021; Ord. No. 1569, 7-19-2021]
A. In
addition to any fine that may be imposed by the Municipal Judge in
any case filed in the Willow Springs Municipal Division of the 37th
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 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:
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. There may also be assessed a two dollar ($2.00) cost per case for
each criminal case, including violations of any County or municipal
ordinance, for the purpose of providing operating expenses for shelters
for battered persons as set out in Section 488.607, RSMo.
5. In addition to any fine or other costs that may be imposed by the
Municipal Judge, there shall be assessed as costs in all cases for
violations of any ordinance or any violation of criminal or traffic
laws of the City, including an infraction, the sum of two dollars
($2.00) for the development of a biometric verification systems and
information sharing systems. Funds in the inmate prisoner detainee
security fund may also be used for the maintenance, repair, and replacement
of the information sharing or biometric verification system, and also
to pay for any expenses related to detention, custody, and housing
and other expenses for inmates, prisoners, and detainees.
6. There shall be assessed a state court automation surcharge of seven
dollars ($7.00) in all cases in which court costs are taxed. Said
surcharge shall be collected by the Municipal Court and transmitted
monthly to the Missouri Director of Revenue to the credit of the Missouri
Statewide Automation Fund, as provided in Section 488.012.3(5), RSMo.,
and Section 488.027.2, RSMo.
7.
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
125.320(A)(8) hereof.
8. 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 Willow Springs 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.
[R.O. 2006 §140.140; CC 1986 §72.140]
The 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 Judge that the prosecution was commenced without
probable cause and from malicious motives.