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. 460, 12-4-2018]
A.
In addition to any fine that may be imposed by the Municipal Judge
in any case filed in the Kimberling City Municipal Division of the
39th Judicial Circuit Court, and in addition to all other fees authorized
or required by law, there shall be assessed as costs the following:
1.
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.
2.
Crime Victims' Compensation Fund. An additional sum of seven
dollars and fifty cents ($7.50) shall be assessed and added to the
basic Court costs, 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:
3.
There may also be assessed a cost of up to four dollars ($4.00)
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.
4.
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.
5.
Reimbursement Of Certain Costs Of Arrest.
a.
Upon a plea or a finding of guilty of violating the provisions of Section 342.020 or 342.030 of this Code or any ordinance of the City of Kimberling City 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 bylaw 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.
6.
Judicial Education Fund.
a.
A City by ordinance may provide for fees in an amount per case
to be set pursuant to Sections 488.010 to 488.020, RSMo., for each
municipal ordinance violation case filed before a Municipal Judge,
and in the event a defendant pleads guilty or is found guilty, the
Judge may assess costs against the defendant except in those cases
where the defendant is found by the Judge to be indigent and unable
to pay the costs. The fees authorized in this Subsection are in addition
to service charges, witness fees and jail costs that may otherwise
be authorized to be assessed, but are in lieu of other Court costs.
The fees provided by this Subsection shall be collected by the Municipal
Division Clerk in municipalities electing or required to have violations
of municipal ordinances tried before a Municipal Judge pursuant to
Section 479.020, RSMo., or to employ judicial personnel pursuant to
Section 479.060, RSMo., and disbursed as provided in Subsection (1)
of Section 479.080, RSMo. Any other Court costs required in connection
with such cases shall be collected and disbursed as provided in Sections
488.010 to 488.020, RSMo.; provided that, each Municipal Court may
establish a Judicial Education Fund and an Appointed Counsel Fund,
each in separate accounts under the control of the Municipal Court
to retain one dollar ($1.00) of the fees collected on each case. The
fees collected shall be allocated between the two (2) funds as determined
by the Court. The Judicial Education Fund shall be used only to pay
for:
b.
The Appointed Counsel Fund shall be used only to pay 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 Supreme Court rules or the
law prescribes such appointment; provided, further, that no Municipal
Court shall 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 and no more than five thousand dollars ($5,000.00)
in the Appointed Counsel Fund. Any excess funds shall be transmitted
quarterly to the General Revenue Fund of the County or Municipal Treasury.
7.
Court Automation Fund: In addition to any other fines or costs
provided in this Code pertaining to cases filed in the Kimberling
City Municipal Division, an additional sum of seven dollars ($7.00)
in all cases in which court costs are assessed. Said charge 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.
[R.O. 2012 § 125.290; Ord. No.
60 §§ 1 — 3, 7-6-1976; Ord. No. 264, 2-5-2002]
A.
Labor On Public Works. In accordance with Section 71.220, RSMo.,
1969, the Judge is hereby authorized and empowered to cause any persons
who have been convicted and sentenced for violation of an ordinance
of Kimberling City, whether punishment be by fine or imprisonment,
or by both, to be put to work and perform labor on the public streets,
highways and alleys or other public works or buildings of Kimberling
City for such purposes as said City may deem necessary or to volunteer
at a local 501C nonprofit. The Police Chief, Street Commissioner,
or other proper officer of said City shall have power and be authorized
and required to have or cause all such prisoners, as may be directed
by the Judge, to work out the full number of days for which they may
have been sentenced at breaking rock or at working on such public
streets and highways or alleys or other public works or buildings
of Kimberling City as may have been designated. And it shall be deemed
a part of the judgment and sentence of the Court that such prisoner
may be worked as herein provided.
B.
Installment Payment Of Fines. When fine is assessed for violation
of an ordinance, it shall be within the direction of the Judge assessing
the fine to provide for the payment of the fine on an installment
basis under such terms and conditions as may be deemed appropriate.
C.
Defensive Driving School. The Judge shall also have the power, when
a person has been found guilty of violating any municipal ordinance
involving the operation of a motor vehicle, to suspend sentencing
pending the successful completion by the convicted person of a course
of educational training designed to improve the safety habits of drivers
or may order the convicted person to attend such a course in lieu
of or in addition to penalty otherwise provided by law for the offense.
D.
The Judge shall have the power, when a person has been found guilty
of violating any municipal ordinance involving the operation of a
motor vehicle while having a blood alcohol content of eight-hundredths
of one percent (0.08%) or more by weight, to assign such person to
attend the ten-hour course comprised of four (4) two and one-half
(2 1/2) hour sessions a week apart, set up by Alcohol Safety
Education Course in accordance with rules established by the Court
and Traffic Law Systems, Missouri Division of Highway Safety.
