HomeMy WebLinkAbout2002-031 - Amendment to Section 130.260 of the Municipal Code131LL ~"O. 3002-_~
ORDI~A~CI? ~O. 2002-~~
~~ ORU[~:~~CE; AMENDING TITLE I OF THE ~IU~~ICINAL CODE OF THF. CITI'
OF RI~~ERSIUE, ~I[SSOURI, CHAPTER 130, SECTION 130.260 RELATING "I'O
COURT COSTS IN 1~'IUNICIPAL COURT
~VIIEREAS. the Missouri Legislature has adopted a bill and si~~ned such into la« ~~ilich
amends the court costs to be levied for the crime victims compensation fund upward to S7.~0
for a municipal court appearance.
WHEREAS, the Missouri Legislature has adopted a hilt and si«ned such into lu~c ~~hich
creates a spinal cord injury fund which is funded b~~ the imposition of court costs for certain
intosirition-related offenses in municipal courts.
~'~'HEREAS. the City Code provisions arc intended to comply ~~~ith and enforce those
court costs requirements imposed by State statute.
NO~~~, THEREFORE, BE IT ORDAINED, f3v the [3oard of :yldermen of the City of
Riverside, ti~tissouri. as follows:
Section 1. the ~(unicipal Code of the City of Riverside. Chapter 130. Section 1 ~0.~6U i,
hereby amended and shall read as follo~~s:
SEChION 130.260: COURT COSTS
[n addition to anv tine that may be imposed b}~ the ylunicipal Judge [here shall he
assessed as costs in all case the following:
1. Costs of Court in the amount of u~elve dollars (S1?.00).
~. Other costs, such as for the issuance of a warrant. a comminnent, or a
summons, as provided before the Associate Circuit Jttd~~e in crimin~il
prosecutions.
3. :actual costs assessed a~~ainst the Cite by the Count_~ Sheri(1 f~~~r
apprehension or confinement in the County Jail.
~. ~lilea~,e. in the same amowlt as pro~idcd to the Sheriff in criminal
violations. for each mile and h~action thereof the oltieer must u~avcl tin
both directions) in order to serve anv ~~arrant or commitment or order ~~t
dais Court.
3. Pursuant to Section -179.~CL KSy(o.. the Court costs art hereby am~n~l«i
to charge an additional t~~o dollars (5.00) t<x~ the benetit of shelters I~~~r
victims of domestic violence caabli>hcd pur,uant to Sections ~33.~U~i t~,
-~3~.~30. RS\-[o.
(~. lclcli~rnncd Cnur~ C'nsis. [n addition to any other costs or I~ecs_ an
additional sum of three dollars 03.00) shall be asxsu'd as costs to he
added to the husk costs in Subsection (1) of this SeCtlon in ~uiv municipal
ordinance violation. provided that no such cost shall he collected when the
proceedin~~ or the defendant has been dismissed b~ the Court. :111 sums
collect pursuant to this Subsection shall be distributed as follows:
u. ~Cwo dollars (?.00) of each such Court cost shall be u~unsmiucd
monthly to the ~Creasurer of the City and used to pa}~ for Police
Officer trainin~~ as pro~~ided b} Section 390.100 to ~9U.1 Y0.
RSti~to.
b. One dollar (y 1.00) of each such Court cost shall be sent to the State
treasury to the credit of the Peace Officers Standards and ~Frainin~~
Commission Fund created by X90.178, RS~Io.
7. An additional sum of seven dollars and fifty cents (57.01 shall be
assessed and added to the basic costs in Subsection (l) of this Section_
provided that no such costs shall be collected for non-mop in~_ tr~iCtic
violations or in any pivicecding when the proceeding, or the defendant has
been dismissed by the court rill sums collected pursuant to dais
Subsection shall be paid at least monthly as follows:
a. Ninety-tire percent (9~°%) of such tees shall be paid to the Director
of Revenue of the State of Nlissoru~i for deposit ro the Crime
Victims Compensation Fund and the Seri-ices to Victims fund as
pro~~ided in Section X93.0-4~, RSMo.
h. Fite percent (~°~o) shall be paid to the Cite Creasurv.
8. lndeper~cle~t/ Lirin~ Center Fuiul. .fin additional sum of five dollars
(S~.00) shall be assessed and added in each case in which a defendant pleads
~ruilt~~, or is found guilt~~, for ~~iolation of any ordinance in~~ol~ in~~ an intusicatiun-
rclated offense. ~~Il sums collected pursuant to this subsection shall be distributed
on a monthly basis to the Director of Revenue of the State of ylissouri to be
placed to the credit of the [ndependent Living Center Fund established by Section
178.633. RSivlo.
9. 1lororc~t cle .S'afelr Tru.r! Fi~~ul.
u. There is hereb~~ created in the State Treasury (iu use b~~ the
Department of Public Safety a timd to be kno~~n as the
'~y[otorc~~cle Safety Trust Fund". :A11 Court fees collected under
this SeCC10n. appropriations of the ~~en~ral as,emhl~~_ I~c~l~ral
~~rants_ pri~~ate ~lunations and an~~ other monies da5i~rn~u~d lur the
\Iotore~~cle Safety Education Pro~zram established under SCCllllns
;0~.1;; to ;U_.138. RSy[u.. ;hall be deposited in the fund.
Monies deposited in the Fund ;hall upon ~i~~propriation he the
~rcn~ral assambly to the Department of Public: ~afet~. he r~c~i~~~i
anti expended b~~ the Department of Public Safety Cur the purpu,c
of fundin~~ the Motorc~clc Satetc Education Pro,ram ~st~ihli~h~~l
under SeCCIOnS 30_'.l ~3 to ,0?.135. [ZS\-1o. ~iot~~ithstandin~, the
provisions of Section 33.050. RSMo.. [o the cunu~ar~_ any
uncspended balance in the Motorc~~cle Safety[lust Fund at the
end of am~ biennium shall ^ot be n-ansferred to the General
Rc~~enue Fund.
b. :~n~ person ~~~ho ~ iolates a Missouri law or a Municipal or Cuunt~
ordinance as an operator of n motorcycle or motortric~cfe ,hall be
assessed additional Court costs of fi~~c dollars (5.00). ,An~~ nxnor
~~ehicle operator wino ~~iolatcs a State la~~,~ or Municipal or County
Ordinance ~~here the violation in~~olves a moturc~cle or
motorh~ic~~cle or ~~here the operator causes an accident im ol~ in~a a
motorc~~cle or motorn~ic~~cle shall be assessed additional Court
costs of li~~e dollars ($>.00).
c. Each Court cost assessed under this Section shall be doubled if the
operaroc at fault ~~iolated ant State la~i~ or local ordinance relatin~~
to die consumption of alcohol.
d. ~Che Court costs collected under this Section by the Clerks of the
Courts shall be paid into the State Treasury to the credit of tic
Motorc~-cle Safct~~ Crust Fund created in this Section.
10. S~~inu! ('ore! h~jiu_i Fi~i7el.
a. 1~he ;Missouri State Legislator has created in the state treasure liar
use b~~ die board of curators of the Uni~~ersit~~ of i~~lissouri a Bind to
be kno~tin as die "Spinal Cord hljur}~ Fund." :ill Court Pecs
collected pursuant to this Section shall be deposited in the fund.
b. Any person «ho is con~~icted of an intoxication-related olicnse. us
deYined b~~ section ~77.0?3. RSN1o, shall be assessed additional
court costs of t~~cnn~-ti~~e dollars (52.00).
c. The Court costs collected pursuant to this Subsection shall be paid
into the state treasury to the credit of the Spinal Cord [njur}~ Fund
created in this section. .-1n}~ court clerk recei~~ing funds pursuant to
jud~~ments entered pursuant to this section shall collect and
disburse such amounts as pro~~ided in sections -X85.010 to -X58.0'0.
RS~Io.
l 1. Rermhw~cen~cn~ ufccrluiit cnsls t~/urre~c[.
a. l pun ~i pica ur a lindin~~ of ~aui(r~ !ix a first u~~~ense of ~iulatin<_ the
pru~ isions of an ordinance ul the Cite uC Ri~~cnide. in~ul~ in~~
alcohol- or dru~~-related h~aftic i~Cfen,es. the Court min. in addition
to imposition of an~~ penalties prodded h~ laic. order ~hc ~un~ irtcd
i ii n ~ i, „I r~ ~ ~ i.~~,.,~~.,~~, u~ ~c
person to reimburse the Public Safety Department for the costs
associntcd kith such arms[.
h. Such costs hereby authorized shall include the reasonable gist of
making the arres~, including the cost of an~~ chemical test made as
authorized ur required b}~ la~~ in' ordinance to determine the
alcohol or dru~~ content of the persons blood, and the costs of
processing, char«in~~, bookin« and holdin~~ such person in custod~~.
c. The Director o1 Public Salet~~ shall establish a schedule of such
costs hereb~~ authorized and shall submit the same to the ;~Iunicipai
Jud<ze. Ho~~e~~er. the Court ma~~ order the costs reduced it it
determines that the costs are excessive.
d. Upon receipt of such additional costs authorized by this Section.
the City Treasurer shall retain such costs in a separate fund to be
known as the ~~DWUDru~a Olfense Cost Reimbursement l=and."
Monies with such Fund shall be appropriated by the [3oard of
l~rustees 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.
1 ?. Frru~s inhere held.
a. All tines. bonds and Court funds may be deposited to a separate
account and paid o~~er not less frequently than monthl~~ inro the
~~lunicipal Treasury.
b. The Court Clerk is hereby authorized to pay out funds as
authorized by the Court or b~~ law on warrants dra~yu on the City.
Section ?. "Che sections, paragraphs, clauses. and phrases of this chapter are seyerab(c
and if am~ phrase, clause, sentence, paragraph, or section of this Chapter shall be declared
unlawful by the valid judgement, decree. or injunction order of a court of competent jurisdiction.
such ruling shall not affect any oC the remaining phrases. clauses, sentences. paragraphs. and
sections of this Chapter. [n the e~°ent that, contrary to the policies, interests. and values ul~ the
Cite, a court of competent jurisdiction issues a judgement, decree, or injunction order drat this
Chapter is unlawful because of any omission or prohibition in this Chapter. than all provisions of
this Chapter not specifically declared to he unla~~tid shall remain in full force and effect [n the
event that a judgement, decree or injunction order declaring all or a portion of this Chapter to he
unla~ylul is reversed or vacated by a court of competent jurisdiction. the pro~~isions contained in
this Chapter shall remain in full force and effect.
Section
approval.
Chic (h~dinance shall be in Cull ibrce and effect from and after ids passa~~e and
~~dopted and passed thi~~! uay ofi . ?00~.
Nlaeor Bette Burch
a1 CEST:
'its Jerk
i uu~is~,irr ~_rti~~~„sr.,,irn,i ~