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. 21-03, 7-14-2021; Ord. No. 23-14, 10-17-2023]
A.
Court costs shall be assessed as follows:
1.
The Court costs for all City of Bismarck ordinance violations heard and determined by the Associate Circuit Court shall be set in the amount of fifteen dollars ($15.00).
2.
There shall be assessed for all City of Bismarck ordinance violations heard and determined by the Associate Circuit Court a Court Automation Fee (CAF) in the amount of seven dollars ($7.00). This fee will be effective upon the completion of the transfer of the Municipal Court cases to the Associate Circuit Court.
3.
There shall be assessed for all City of Bismarck ordinance violations a surcharge in the amount of seven dollars fifty cents ($7.50) for each case prosecuted for violations of the City of Bismarck ordinance violations. This surcharge shall be assessed pursuant to Section 595.045, RSMo., for the funding the Crime Victims Compensation Fund.
4.
In all cases, a surcharge in the amount of one dollars ($1.00) shall be assessed for the Domestic Violence Shelter Fund pursuant to Section 488.605, RSMo.
5.
There shall be assessed for all City of Bismarck ordinance violations heard and determined by the Associate Circuit Court a surcharge in the amount of three dollars ($3.00) for the funding of the Sheriffs Retirement Fund pursuant to Section 57.952, RSMo.
6.
In all cases, a surcharge in the amount of two dollars ($2.00) shall be assessed for the Inmate Security Fund pursuant to Section 488.5026, RSMo.
7.
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.
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 and permitted under the laws of the State of Missouri, 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 this Section.
12.
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 Bismarck 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 Judge. However, the Court may order the costs reduced if it determines that the costs are excessive.
d.
The fees may be collected as additional costs by the Court and shall be collected by the Court in the same manner as other costs and fees are collected and remitted to the City Treasurer.
e.
The City Treasurer shall retain these fees in a separate fund known as the "DWI/Drug Enforcement Fund." Monies within this fund shall be appropriated by the Board of Aldermen to law enforcement authorities from such fund in amounts equal to those costs so incurred and shall be specifically used to enhance and support the enforcement and prosecution of alcohol- and drug-related traffic laws within the City.
[Ord. No. 14-02, 5-8-2014]
The cost of any action may be assessed against the prosecuting witness and judgment be rendered against him or her that he or she pay the same and stand committed until paid in any case where it appears to the satisfaction of the Municipal Court Judge that the prosecution was commenced without probable cause and from or for 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.