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. 3249, 11-15-2021; Ord.
No. 3251, 12-20-2021]
A. In addition to any fine that may be imposed by the Municipal Judge
in any case filed in the Malden Municipal Division of the 35th 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 and 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 595.045.6, RSMo.
b.
Five percent (5%) shall be paid to the City Treasury.
4.
There shall be assessed a surcharge of seven dollars ($7.00)
for the Statewide Court Automation Fund.
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 Malden 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.
[R.O. 1993 § 150.280; CC 1969 § 16A-27; Ord. No. 2178 § 2, 11-26-1978]
The costs of any action may be assessed against the prosecuting
witness and judgment be rendered against him that he pay the same
and stand committed until paid in any case where it appears to the
satisfaction of the Municipal Judge that the prosecution was commenced
without probable cause and from malicious motives.
Notwithstanding any provision of law, Supreme Court Rule, or
Court Operating Rule, in a proceeding for a municipal ordinance violation
or any other proceeding before a Municipal Court if the charge carries
the possibility of fifteen (15) days or more in jail or confinement,
a defendant shall not be charged any fee for obtaining a police report,
probable cause statement, or any video relevant to the traffic stop
or arrest. Such police report, probable cause statement, or video
shall be provided by the prosecutor upon written request by the defendant
for discovery.
[R.O. 1993 § 150.300; Ord. No.
2580 §§ 1-4, 5-8-1995]
A. Any
person who has been convicted in the Municipal Court and sentenced
by the Municipal Judge for violation of the provisions of this Code,
whether the punishment be by fine or imprisonment, or by both, may
be put to work and required to perform labor on the public streets,
highways, and alleys, or other public works on buildings of the City.
B. Any
person who shall work out a fine imposed upon him by the Municipal
Judge shall receive credit toward his/her fine in the amount determined
by the Municipal Judge, but in no case less than the minimum wage
mandated by Federal Statute for each hour that the said person works.
C. Any
person laboring under this Section shall under no circumstances be
considered an employee or agent of the City of Malden. Such person
is not covered as an employee by the worker's compensation coverage
of the City of Malden.
D. Persons
laboring under this Section shall be under the supervision of a person
or persons appointed by the Mayor.