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. 2021-64, 12-14-2021; Ord. No. 2024-44, 10-8-2024]
A. COURT COSTS FEES MISCELLANEOUS CHARGES SURCHARGES
Definitions. The following words and phrases, as used in this Chapter, shall have the following respective meanings:
The total of fees, miscellaneous charges and surcharges imposed in a particular case.
The amount charged for services to be performed by the Court.
The amounts allowed by law for services provided by individuals or entities other than the Court.
Additional amounts payable to the State of Missouri or other entities or payable to the City for specific designated purposes that are imposed for specific purposes designated by law and assessed by the Court.
B.
Court Costs Imposed. In addition to any fine that may be imposed, the Municipal Judge may assess against the defendant as Court costs any or all the following costs, except in those cases where the defendant is found by the Judge to be indigent and unable to pay the costs:
2.
Crime Victims' Compensation Fund Surcharge. A surcharge in the amount of seven dollars and fifty cents ($7.50) as imposed by Section 595.045, RSMo., for purposes of the Crime Victims' Compensation Fund established by the State of Missouri. Any sums collected pursuant to this Subsection shall be distributed ninety-five percent (95%) to the State of Missouri for deposit to the Crime Victims' Compensation Fund and five percent (5%) to the City as reimbursement for the costs of collection of such State-imposed charge;
3.
Peace Officer Standards And Training Surcharge. A surcharge in the amount of one dollar ($1.00) as imposed by Section 488.5336, RSMo., for purposes of the Peace Officer Standards and Training Commission Fund created by Section 590.178, RSMo. Any sums collected pursuant to this Subsection shall be distributed to the State of Missouri for deposit to the Peace Officer Standards and Teaching Commission Fund;
4.
Law Enforcement Training Surcharge. A surcharge in the amount of two dollars ($2.00) as set forth in Section 488.5336, RSMo., for training Law Enforcement Officers. Such surcharge shall be deposited with the Director of Finance who shall place such costs in a special account to be used for training Law Enforcement Officers;
5.
Alcohol-Related Traffic Offense Cost Recoupment. The actual and reasonable costs incurred by the City as determined by the Municipal Judge for costs associated with the arrest for violation of any City ordinance involving alcohol- or drug-related traffic offenses, including the cost of any chemical test 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 as set forth in Section 488.5334, RSMo.;
6.
Statewide Court Automation Fund Surcharge. In addition to any cost which may be assessed by the Municipal Division pursuant to Statute, ordinance, or Court rule, in every proceeding filed in the Municipal Division for violation of an ordinance when the Statewide court automation case management system is in operation, a surcharge of seven dollars ($7.00) shall be assessed. Such surcharge shall also be assessed in cases in which pleas of guilty are processed in the Violations Bureau.
C.
Court Costs Prohibited, When. Court costs shall not be assessed when the case is dismissed or when costs are to be paid by the State, County, or City.
D.
Judicial Waiver Of Court Costs. Nothing in this Section shall be construed to prohibit or limit the authority of the Municipal Judge to waive fees, miscellaneous charges and surcharges imposed in a particular case in whole or in part.
E.
This Section shall take effect and be in full force from and after its passage by the Board of Aldermen of the City of Lake Ozark and the official date for transfer of the Lake Ozark Municipal Division cases to the Circuit Court of Miller County, Missouri, Associate Division.
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. 1994 § 125.280; Ord. No. 109 § 28, 12-19-1978]
The cost of any action may be assessed against the prosecuting witness and judgment be rendered against him/her that he/she 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.
[R.O. 1994 § 125.300; Ord. No. 68 §§ 2-3, 5-6-1971]
A.
The fees and expenses authorized by law of all witnesses who are summoned, and appear in any case before the Municipal Court of the City of Lake Ozark, Missouri, shall also be collected from every person hereafter convicted before said Municipal Court of said City for the violation of any of the ordinances of said City, as additional costs in each case.
B.
The sums so collected as costs under Section 125.320(A)(1) hereof shall be paid into the General Revenue Funds of said City of Lake Ozark, and all of the expenses of operating the Municipal Court of said City, and the fees and expenses of all witnesses who appear in any proceeding before said Court shall, when authorized, be paid out of said General Revenue Fund.