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Home My Public Portal AboutORD15202BILL NO. _2=.:0:::...::1-=-3-......:1-=-03=----- SPONSORED BY COUNCILMAN __ .:._P.:..:ra=th..:.::e:.:...r _____ _ ORDINANCE NO._---L../..l.¥5'-k/.fA~0~6"'--------- AN ORDINANCE OF THE CITY OF JEFFERSON , MISSOURI , AMENDING CHAPTER 20 (MUNICIPAL JUDGE, COURT, ETC .), SECTION 28 (COURT COSTS) OF THE CODE OF THE CITY OF JEFFERSON TO CODIFY A WARRANT FEE. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI , AS FOLLOWS : Section 1. Chapter 20 (Municipal Judges , Court , Etc .), Section 28 (Court Costs ) of the City Code is hereby amended by adding one additional sub -section , to read as follows : Sec. 20-28. C ourt cos ts. A. In a dd itio n to any fi ne that may be imposed by the munic ipal j udge, there s ha ll be assessed as costs in a ll cases the fo ll owing: I. Costs of co urt in th e a moun t of twe lve doll ars ($12.00). 2. In a ll cases except fo r th ose of nonmovin g traffic vio latio ns, costs for the train ing of po lice officers in th e a mount of two doll ars ($2.00). 3. Actual costs assessed against the c ity b y the county sheriff for ap pre he ns ion or confi ne me nt in t he co unty jail. 4. M ileage, in th e same amo un t as provid ed to the sheriff in c ri mi na l vio lat io ns, for each mi le an d frac ti on thereof the officer mus t trave l (both direct ions) in order to serve any warrant or commitment or order of th is court. B . Whenever it s ha ll become necessary, as incident to the m ak ing of an arrest within the city, to remove the a utomobil e of t he person arrested from t he streets of the c ity, the fee th erefore shall be reported by th e pol ice to t he m uni c ipal judge, whi c h amo unt s ha ll be taxed as costs in the case and pa id as oth e r costs in the case. C. In no event s ha ll the city be li ab le for th e payment of any costs, fees fo r board excepted, wh ich may have been in curred in the muni c ipal d ivision by virtue of prosecution s instituted for vio lati ng th is Code o r any ordi nances of the c ity. D . Additio na l court costs for s he lters for battered pe rso ns. I . In a dditio n to any o th er fi ne imposed and costs assessed purs ua nt to law, costs of Two Do ll ars ($2.00) shall be assessed as costs in eac h M unicipal Court proceed ing in the Ci ty for vio lation of a ny mun icipa l ord inance. The judge may waive assessment of the cost in those cases where th e defendant is fo un d by the judge to be ind igent and unable to pay the cost. (Ord. No. 13300, §I , 11 -5-200 I) Drafter's Note: Deleted text is shown tffils. In serte d text is s hown thus. 2. The costs collected pursuant to this section shall be collected by the clerk and tran sm itted at least monthly to the City Treasurer for deposit in a fund for the provision of operating expenses for shelters for battered persons, pursuant to Section 479.261 , RSMo (1992). Said funds shall stand appropriated upon receipt for use in furtherance of the purposes of this ordinance. 3. Distribution shall be made to qualifying shelters on a calendar quarter basis. To qualify for receipt of city administered funds a shelter must request funds and meet all statutory requirements. Funds shall be distributed to qualified shelters on a pro rata ba sis utilizing client days as the criteria. E. Additional Law Enforcement Training Fund Fee I. In addition to any other fine imposed and costs assessed pursuant to law, a cost of one dollar ($1.00) shall be assessed as cost in each municipal court proceeding for each violation of the general criminal law s of the state, including infractions, or violations of the ordinances of the City, provided that no such fee s hall be collected for non-moving traffic violations, and no such fee shall be collected for violations of fish and game regulations, and no such fee shall be collected in any proceeding in any court when the proceeding or the defendant has been dismissed by the Court. 2. The cost collected pursuant to this section shall be collected by the Clerk and tran smitted for deposit into the Peace Office Standards and Training Commission Fund, to be used statewide for training law enforcement officers. All costs collected hereunder s hall be sent to the state treasury to the attention to the Budget Director, Department of Public Safety, Post Office Box 749, Jefferson City, Mi ssouri 65 I 02-0749. F. Missouri Statewide Court Automation Program 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 a surcharge of $7.00 shall be assessed. Such surcharge shall also be assessed in cases in which pleas of guilty are processed in the traffic violations bureau or general violations bureau. No such surcharge shall be collected when the proceeding or defendant has been di s mis sed by the court, when costs are waived , or when costs are to be paid by the city. Such surcharge shall be collected by the court administrator and transmitted monthly to the city treasurer. Funds collected under this subsection shall be used by the city only to pay to the Missouri director of revenue to the credit of the Missouri statewide court automation fund as provided by section 488.0 12.3(5) and section 488.027.2, RSMo. G. Biometric Verification System Surcharge. In addition to any cost which may be assessed by the municipal division purusant to statute, ordinance, or court rule, in every proceeding filed in the municipal divi s ion for violation of an ordinance a surcharge of $2.00 shall be assessed. Such surcharge shall also be assessed in cases in which pleas of guilty are processed in the traffic violations bureau or general violations bureau. No such surcharge shall be collected when the proceeding or defendant ha s bee n dismissed by the court, when costs are waived, or when costs are to be paid by th e city. Such s urcharge shall be collected by the court administrator and transmitted monthly to the city treasurer. Funds collected under this subsection shall be placed by the city into the "inmate Security Fund." Funds deposited shall be utilized to develop biometric verification systems to ensure that inmates can be properl y identified and tracked within the local jail system. Upon the installation of the biometric Drafter's Note: Deleted text is shown HHis. Inserted text is shown thus. 2 verification system, funds in the inm ate security fund may be used for the maintenance of t he biometric verification system and to pay for any expenses related to custody and ho us ing of other expenses for pri soners. H . T he court clerk is not required to refund an y overpayment of court costs of $5 .00 or less and shall not remit any suc h cost to th e Cole Ci rcuit Co urt. I. Warrant fees. In addition to all other costs, when the municipal judge issues a warrant for the arrest of any defendant or witness to compel attendance in municipal court, the judge may a ssess a warrant fe e in the amount up to fifty dollars ($50.00). Section .f.. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed : ~' 3 . 2{?/ 2 Presidin~ Mayor ATIEST: TO FORM : Qjty Counselor Drafter's Note: Deleted te xt is shown tA-us. In serted text is s hown thus . 3