[R.O. 2004 § 125.320]
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.
[R.O. 2004 § 125.330; Ord. No.
09 § 1, 12-9-2002; Ord. No. 219 § 1, 9-3-2013; Ord. No. 227 § 1, 11-11-2013; Ord.
No. 435, 7-13-2020; Ord. No. 473, 9-13-2021]
A. In addition to any fine that may be imposed by the Municipal Judge
in any case filed in the Duquesne Municipal Division of the 29th 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). Provided,
one dollar ($1.00) of the costs of Court collected shall be retained
in an account under the control of the Duquesne Municipal Court to
establish a Judicial Education Fund pursuant to Section 479.260,
RSMo., to be used only for:
a.
The continuing education and certification of the Municipal
Judges by law or Supreme Court rules; and
b.
Judicial education and training for the Court Administrator
and Clerks of the Municipal Court.
Furthermore, said Judicial Education Fund shall not retain more
than one thousand five hundred dollars ($1,500.00) in said fund for
each Judge, Administrator, or Clerk of the Duquesne Municipal Court.
Any funds in excess of said limit imposed herein shall be transmitted
quarterly to the General Revenue Fund of the Duquesne Municipal Treasury.
|
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 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.
5.
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.
6.
Actual costs assessed against the City by the County Sheriff
for apprehension or confinement in the County Jail.
7.
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.
8.
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
(A)(9) hereof.
9.
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 Duquesne 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 shall 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 within
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.
10.
Work/Construction Zone. Any person who is convicted or pleads
guilty to a speeding violation or passing/overtaking a vehicle in
a work/construction zone when there was any person present performing
duties in the work/construction zone and appropriate signs were posted
stating "Warning: two-hundred-fifty-dollar fine for speeding or passing
in this work zone" shall be assessed a fine of two hundred fifty dollars
($250.00) in addition to any other fine assessed; except that any
person assessed the two-hundred-fifty-dollar fine shall not also be
assessed the thirty-five-dollar fine for any of the following offenses
in a construction or work zone: any moving violation or violation
of speeding, leaving the scene, careless and imprudent driving, operating
without a valid license, operating with a suspended or revoked license,
obtaining a license by misrepresentation, driving while intoxicated,
under the influence or BAC, any felony offense involving the use of
a vehicle, or failure to maintain financial responsibility. Upon a
second or subsequent such conviction or plea of guilty, the Court
shall assess a fine of three hundred dollars ($300.00) in addition
to any other fine authorized by law.
11.
In addition to the other costs authorized in this Section, 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.
[Ord. No. 250 § 1, 11-25-2014; Ord. No. 288 § 1, 6-13-2016]
The costs of any action and fines shall be payable in cash or
negotiable instrument; provided, however, payment of Court costs and
fines may also be made with a credit or debit card upon such terms
as the City may provide.