Except as provided in Section
3.32.020, whenever the City of Warrenton Municipal Court Judge imposes a fine, orders a default or orders a bail forfeiture as a penalty for violation of a City ordinance provision, including Oregon Statutes adopted by reference, a criminal action as defined in ORS 131.005, a police officer training fee, in addition to such fine, default, or bail forfeiture shall be collected and credited to the City's general fund for the benefit of Police Department training and training-related expenses. The fee schedule shall be as follows:
A. All
convictions for traffic violations shall be assessed $20.00.
B. All
convictions for criminal offenses shall be assessed $40.00.
(Ord. 1131-A § 1, 2009; Ord. 1236 § 1, 2020)
A. If the
municipal court determines that the person issued the citation did
not commit the offense or has established an affirmative defense,
or the charge is dismissed for whatever reason, no fee shall be imposed.
No fee shall be imposed if no fine or other assessment is imposed
for the offense. The fee does not apply to citations for violation
of parking limitations established by City ordinance, resolution or
order.
B. The
amount of the fee shall be added to any bail amount for those who
do not contest the citation and shall be included as part of the judgment
for all those who contest the citation and are determined to have
committed the offense. When any deposition of bail is made for an
offense to which this section applies, the person making such deposit
shall also deposit a sufficient amount to include the fee prescribed
pursuant to this chapter.
C. If bail
is forfeited or applied, the fee prescribed pursuant to this chapter
shall be deducted. If bail is returned, the fee paid shall also be
returned, less normal administrative charges per state statute.
D. Proceeds
from payment of the fee shall be used for Police Department training
and training-related expenses.
E. The
Warrenton City Commission has determined that the police officer training
fee imposed by this chapter is not a tax subject to the property tax
limitations of Article XI, Section 11 (b) of the Oregon Constitution.
(Ord. 1131-A §§ 2—6,
2009)