HomeMy WebLinkAbout2002-095 - Amendment to Section 130.260 of the Municipal CodeBILL NO.2002-95
ORDINANCE NO.2002-95
AN ORDINANCE AMENDING TITLE I OF THE MUNICIPAL CODE OF THE CITY
OF RIVF,RSIDE, MISSOURI, CHAPTER 130, SECTIONS 130.260(9) AND (10)
RELATING TO COURT COSTS IN MUNICIPAL COURT
WHEREAS, the Missouri Legislature has adopted a bill and signed such into law which
reduces or amends the amount of mandatory addiCional courts to be levied for certain crimes or
offenses.
WHEREAS, the effective date of this legislation is August 28, 2002.
WHEREAS, the Missouri Office of State Courts Administrator has communicated to the
City's Court Clerk that the City is to comply with the amendments enacted by the above
referenced legislation.
WHEREAS, the City Code provisions are intended to comply with and enforce those
court costs requirements imposed by State statute.
NOW, THEREFORE, BE IT ORDAINED, By the Board of Aldermen of the City of
Riverside, Missouri, as follows:
Section 1. The Municipal Code of the City of Riverside, Chapter 130, Sections
130.260(9) and (10) are hereby amended and shall read as follows:
SECTION 130.260: COURT COSTS
9. Motorcycle Safety Trcrst Fuiad.
a. In all criminal cases, including violations of any U•affic laws, there
shall be assessed and added as costs a surcharge in the amount of
one dollar ($1.00). No such surcharge shall be collected in any
proceeding involving a violation of an ordinance when the
proceeding or defendant has been dismissed by the Court or when
costs are to be paid by the state, county or the City.
b. The Court costs collected under this Subsection by the Clerk shall
be paid into the State Treasury to the credit of the Motorcycle
Safety Trust Fund created pursuant to Section 302.137, RSMo.
10. Spinal Cord Injurv Fund.
a. In all criminal cases, including violations of any traffic laws and
infractions, there shall be assessed and added as costs a surcharge
in the amount of two dollars ($2.00). No such surcharge shall be
collected in any proceeding involving a violation of an ordinance
when the proceeding or defendant has been dismissed by the Court
or when costs are to be paid by the state, county or the City.
b. The Court costs collected pursuant to this Subsection shall be paid
into the state treasury to the credit of the Spinal Cord Injury Fund
created by Section 304.027, RSMo.
Section 2. The sections, paragraphs, clauses, and phrases of this chapter are severable
and if any 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 of the remaining phrases, clauses, sentences, paragraphs, and
sections of this Chapter. In the event that, contrary to the policies, interests, and values of the
City, a court of competent jurisdiction issues a judgement, decree, or injunction order that this
Chapter is unlawful because of any omission or prohibition in this Chapter, than all provisions of
this Chapter not specifically declared to be unlawful shall remain in full force and effect. In the
event that a judgement, decree or injunction order declaring all or a portion of this Chapter to be
unlawful is reversed or vacated by a court of competent jurisdiction, the provisions contained in
this Chapter shall remain in full force and effect.
Section 3. This Ordinance shall be in full force and effect from and after its passage and
approval.
Adopted and passed thi~d~ of , 2002.
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Mayor Betty rch
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