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. 15-006 § 1, 5-26-2015; Ord. No. 544 §§ 1 — 2, 10-11-2016; Ord. No. 125.330, 9-25-2018]
A. In addition to any fine that may be imposed by the Municipal Judge
in any case filed in the Sparta Municipal Division of the 38th 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 include a Court Clerk fee in the amount of fifteen
dollars ($15.00).
[Ord. No. 125.005, 6-5-2020]
a.
The Municipal Court Clerk is authorized to withhold one dollar
($1.00) from all Costs of Court collected to be deposited in the Judicial
Education Fund. This fund shall be used to defray the expenses of
continuing education and certification of Municipal Judges and Municipal
Court Clerks. The City shall not retain more than one thousand five
hundred ($1,500.00) for each Municipal Judge and each Municipal Court
Clerk. Any funds withheld in excess of this limitation shall be turned
over quarterly to the Treasurer of the City.
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 590.030 to 590.060, 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, RSMo.
b.
Five percent (5%) shall be paid to the City Treasury.
4.
Statewide Court Automation Fund. An additional surcharge of
seven ($7.00) may be assessed in every proceeding filed in the Municipal
Division for violation of an ordinance. Such surcharge shall also
be assessed in cases in which pleas of guilty are processed in the
Traffic Violation's Bureau. No such surcharge shall be collected
when the proceeding or defendant has been dismissed by the Court or
when costs are waived. Such surcharge may be collected by the Municipal
Court and transmitted monthly to the Missouri Director of Revenue
to the credit of the Missouri Statewide Court Automation Fund, as
provided in Section 476.055, RSMo.
5.
Domestic Violence Shelter. There may also be assessed an additional
surcharge in an amount of two dollars ($2.00) and up to four dollars
($4.00) 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.
No surcharge shall be collected in any proceeding when the proceeding
or defendant has been dismissed by the Court.
a.
The Board of Aldermen hereby establishes a surcharge of four
dollars ($4.00) for each criminal case, including violations of municipal
ordinances, in the Sparta Municipal Court, as collected under the
terms of Section 488.605, RSMo.
b.
The surcharge collected under Subsection
(5)(a) shall be paid monthly by the City to the entity designated by the Christian County Commission, under the terms of Section 455.210, RSMo.
6.
Inmate Security Fee. In the event that the City of Sparta shall
house prisoners in any facility receiving benefits from an Inmate
Security Fund as described in Section 488.5026, RSMo., then a surcharge
of two dollars ($2.00) may be assessed for violation of any municipal
ordinance. No surcharge shall be collected in any proceeding when
the proceeding or defendant has been dismissed by the Court.
7.
Failure To Appear Warrant Issuance. When the Municipal Judge
issues a warrant for the arrest of any defendant or witness to compel
attendance in Municipal Court, the Judge may assess a failure to appear
warrant fine in the amount of twenty-five dollars ($25.00) at his/her
discretion.
8.
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.
9.
Actual costs assessed against the City by the County Sheriff
for apprehension or confinement in the County Jail or costs assessed
against the City by any other detention facility.
10.
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.
11.
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
(12) hereof.
12.
Reimbursement Of Certain Costs Of Arrest.
a.
Upon a plea or a finding of guilty of violating the provisions
of any ordinance of the City of Sparta 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.
13.
Overpayment Of Court Costs. The Court shall not be required
to refund any overpayment of Court costs in an amount not exceeding
five dollars ($5.00) or to collect any due Court costs in an amount
of less than five dollars ($5.00). Any such overpaid funds may be
retained by the municipality for the operation of the Municipal Court
as per Section 488.014, RSMo.
14. Rejis E-Ticket Surcharge. The Board of Aldermen hereby establishes
a surcharge of six dollars fifty cents ($6.50) for each criminal case
or citation heard including violations of municipal ordinances, in
the Sparta Municipal Court. Said surcharge will be collected upon
a disposition of guilt of any such case or citation in the City of
Sparta and will be allocated to the Police Department.