[Ord. No. 4443, 12-19-2022[1]][2]
A. 
Definitions. The following words and phrases, as used in this Article, shall have the following respective meanings:
COURT COSTS
The cost, not to exceed twelve dollars ($12.00) as described in and limited by Section 488.012(6), RSMo., which is assessed to each defendant who pleads guilty, or is found guilty, in each proceeding filed in the Municipal Court for the violation of the ordinances of the City and which is payable to the City.
SURCHARGES
Amounts payable to the State of Missouri or other entities or payable to the City for specific designated purposes that are assessed to each defendant who pleads guilty, or is found guilty, in each proceeding filed in the Municipal Court for the violation of the ordinances of the City.
B. 
Court Costs. In addition to any fine that may be imposed by the Municipal Judge, there shall be assessed Court costs in the amount of twelve dollars ($12.00) in all cases.
C. 
Surcharges. The following surcharges shall be collected in all cases; provided, however, that no such surcharge shall be collected in any proceeding when the proceeding or defendant has been dismissed by the Court or when costs are to be paid by the City:
1. 
A surcharge in the amount of three dollars ($3.00), described in Section 488.5336, RSMo., which shall be distributed as follows:
a. 
Two dollars ($2.00) of the three dollars ($3.00) shall be transmitted monthly to the Treasurer of the City to be 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 the three dollars ($3.00) shall be sent to the State Treasury to the credit of the Peace Officer Standards and Training Commission Fund created by Section 590.178, RSMo.
2. 
A surcharge in the amount of seven dollars and fifty cents ($7.50) imposed by Section 595.045, RSMo., for purposes of the Crime Victims' Compensation Fund established by the State of Missouri. Such surcharge shall be collected by the Clerk of the Court. All sums collected pursuant to this Subsection shall be distributed as follows:
a. 
Ninety-five percent (95%) of such sums shall be forwarded to the State of Missouri for deposit to the Crime Victims' Compensation Fund as provided in Section 595.045, RSMo.
b. 
Five percent (5%) of such sums shall be paid to the City as reimbursement for the costs of collection of such State-imposed charge.
3. 
A surcharge in the sum of two dollars ($2.00) authorized by Section 488.607, RSMo., for the purpose of providing operating expenses for shelters for battered persons, as defined in Sections 455.200 to 455.230, RSMo. Such cost shall be collected by the Clerk of the Court and disbursed by the City to such shelters that meet the requirements and qualifications of Sections 455.200 to 455.230, RSMo.
4. 
A surcharge in the sum of two dollars ($2.00) authorized by Section 488.5026, RSMo., which shall be collected by the Clerk of the Court and deposited into the Inmate Security Fund. All funds within the Inmate Security Fund shall be utilized to develop, install and maintain a biometric verification system to ensure that inmates can be properly identified and tracked within the City's detention system, and to pay for any expenses related to custody and housing and other expenses for prisoners, all in accord with Section 488.5026, RSMo.
D. 
Miscellaneous Charges And Reimbursements. The following types of miscellaneous charges and reimbursements may be imposed by order of the Municipal Judge:
1. 
Actual charges assessed against the City by other Law Enforcement Agencies or correctional facilities for apprehension or confinement of defendants.
2. 
Charges for 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.
3. 
Other charges, such as for the issuance of a warrant, a commitment, or a summons, as provided by the Associate Circuit Judge in criminal prosecutions.
4. 
Other charges, such as for recall of a warrant, imposed by the Municipal Judge of the City of O'Fallon.
5. 
All appeal costs from Municipal Court to the Circuit Court.
6. 
Expert witness fees for experts required by the City. "Expert witnesses" are witnesses who testify relative to matters outside the scope of general knowledge and possess special skills and knowledge.
E. 
Alcohol And Drug-Related Traffic Offenses — Reimbursement to the City. Upon a plea of guilty or a finding of guilty of violating the provisions of Section 577.010 or 577.012, RSMo., or violations of O'Fallon ordinances involving alcohol- or drug-related traffic offenses, the Municipal Court may, in addition to the imposition of any penalties provided by law, order the defendant to wholly or partially reimburse the O'Fallon Police Department that made the arrest for the costs associated with such arrest. Such costs shall include the reasonable cost of making the arrest, including the cost of any chemical test made under this Article 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.
F. 
Judicial Waiver Of Court Costs And Surcharges. Nothing in this Article shall be construed to prohibit or limit the authority of the Municipal Judge to waive Court costs and surcharges in whole or in part.
[1]
Editor's note: This Section is taken from the O'Fallon Municipal Code verbatim.
[2]
Editor's Note: Ord. No. 4443, adopted 12-19-2022, repealed former Art. II, Fines and Court Costs. Prior histories include CC 1988 § 72.250, § 72.255, § 72.260, § 72.265, and § 72.270; Ord. No. 1246 §1; Ord. No. 1350 § 1 and § 2; Ord. No. 1479 § 1; Ord. No. 1647 § 1; Ord. No. 2296 § 1; Ord. No. 3358 § 1; Ord. No. 3368 § 1; and Ord. No. 4185.