HomeMy WebLinkAbout2007-066 - Amendment of Section 130.260 "Court Costs" of the Municipal Codee
BILL N0.2007-66 ORDINANCE N0.2007-66
AN ORDINANCE AMENDING TITLE I, CHAPTER 130.260 "COURT COSTS" OF
THE MUNICIPAL CODE OF THE CITY OF RIVERSIDE, MISSOURI,
WHEREAS, the City of Riverside, Missouri (the "City") has in place regulations
pertaining to court costs within the City; and
WHEREAS, the City and its staff have conducted a review of the City's Municipal Code
(the "Code") sections regarding Court Costs, and have determined that certain provisions related
to such regulations must be revised; and
WHEREAS, the City staff and the Boazd of Aldermen have reviewed, examined and
deemed adoption of the amended and restated Code provisions regarding Court Cost to be
advisable and in the City's best interests for the promotion of the health, safety and welfaze of
the residents of the City; and
NOW, THEREFORE, be it Ordained by the Board of Aldermen of the City of Riverside,
Missouri, as follows:
Section 1. Section 130.260 of the Municipal Code of the City of Riverside, Missouri is
hereby repealed in its entirety and replaced by the following:
SECTION 130.260: COURT COSTS
In addition to any fine that may be imposed by the Municipal Judge, there shall be
assessed as costs in all cases the following:
1. Costs of Court in the amount of twelve dollazs ($12.00).
2. 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.
3. Actual costs assessed against the City by the County Sheriff for apprehension or confinement
in the County Jail.
4. Mileage, in the same amount as provided to the Sheriff in criminal violations, for each mile
and fraction thereof the officer must travel (in both directions) in order to serve any warrant or
commitment or order of this Court.
5. Pursuant to Section 479.261, RSMo., an
additional two dollazs ($2.00) for the benefit of shelters for victims of domestic violence
established pursuant to Sections 455.200 to 455.230, RSMo.
6. Additional court costs. In addition to any other costs or fees, an additional sum of three
dollazs ($3.00) shall be assessed as costs to be added to the basic costs in Subsection (1) of this
Section in any municipal ordinance violation, provided that no such cost shall be collected when
the proceeding or the defendant has been dismissed by the Court. All sums collected pursuant to
this Subsection shall be distributed as follows:
a. Two dollazs ($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.
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.
7. An additional sum of seven dollars fifty cents ($7.50) shall be assessed and added to the basic
costs in Subsection (1) of this Section, provided that no such cost shall be collected for non-
moving traffic violations or 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 to the Crime Victims' Compensation Fund and the Services to
Victims Fund as provided in Section 595.045, RSMo.
b. Five percent (5%) shall be paid to the City Treasury.
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8. Pursuant to Section 488.5026, RSMo., an additional two dollars ($2 001 for all criminal
cases, with the funds to be deposited in an ~°Inmate Security Fund" for the purpose of
maintaining a biometric verification system and shall be collected and disbursed in
accordance with sections 488.010 to 488.020.RSMo and shall be payable to the City
Treasurer, except that no such fee shall be collected in any proceeding when the proceeding
or the defendant has been dismissed by the court or when costs are to be paid by the state
county, or municipality. Funds deposited shall be utilized to develop biometric verification
systems to ensure that inmates can be properly identified and tracked within the local fail
system. Upon the installation of the biometric verification system funds in the inmate
security fund may be used for the maintenance of the biometric verification system and to
pay for any expenses related to custody and housing and other expenses for prisoners
i
r ~ 9. Reimbursement of certain costs of arrest.
a. Upon a plea or a finding of guilty for a first (1st) offense of violating the provisions of
an ordinance of the City of Riverside, 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 Public Safety 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 Director of Public Safety 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 £se~en 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 ~sEeee
Aldermen to the Public Safety 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.
X10. Fines--where held.
a. All fines, bonds and Court funds maybe deposited to a separate account and paid over
not less frequently than monthly into the Municipal Treasury.
b. The Court Clerk is hereby authorized to pay out funds as authorized by the Court or by
law on warrants drawn on the City.
Section 2. The provisions of the Municipal Code of the City of Riverside, Missouri
revised herein shall not be construed to revive any former ordinance, clause or provision of the
Municipal Code of the City of Riverside, Missouri.
Section 3. This Ordinance overrides any conflicting provision or regulation within
the Municipal Code of the City of Riverside, Missouri.
Section 4. This ordinance shall take effect immediately.
Passed this ~ / day of , 2007.
Mayor Kathleen L. Rose
A TE
rty Clerk