A. Costs may be assessed by a Municipal Judge against any defendant, upon conviction or on the granting of a deferred sentence or deferred prosecution, for the cost of prosecution and the cost of care. Cost of care includes, but is not limited to, the cost to the City charged with the custody of a defendant confined to jail or any other lawful detention and any costs associated with maintaining a defendant in a home detention program or the cost of supervision by the Probation Department. The costs shall not exceed the expense incurred in connection with prosecution and care of the defendant.
B. Costs may be assessed by a Municipal Judge against any defendant against whom a warrant or an order to show cause for noncompliance was issued. The costs shall not exceed the expense incurred in connection with execution and service of the warrant or order.
C. Costs may be assessed by a Municipal Judge against any defendant who fails to appear for a jury trial. The costs shall not exceed the expense incurred in summoning and compensating the jury pool.
D. Costs may be assessed by a Municipal Judge against any defendant sentenced by a Municipal Judge to sentencing conditions which require the involvement or supervision of the Probation Department. The costs shall not exceed the expense incurred in connection with the supervision.
E. Costs may be assessed against a complaining party before Municipal Court, if the party complains to any peace officer, member of the Police Department, or any other person authorized to issue a summons and complaint alleging a violation of this Code, or concerning conduct allegedly in violation of this Code and obtains or causes the issuance of the summons and complaint against another, and:
1. Fails to appear in the Municipal Court to give evidence in that behalf against the party accused upon being so ordered by the court by subpoena or otherwise; or
2. Proceedings under that summons and complaint are discontinued for want of testimony or otherwise at the request of the complainant; or
3. If, upon trial of the person charged in the summons and complaint, that person is acquitted and the court finds that there was no reasonable grounds for the complaint or that the complaint was maliciously brought.
The court may, at its discretion, order the complaining party to show cause, if any, why costs in an amount not to exceed one hundred dollars ($100.00) should not be assessed against the complaining party for the costs arising in that case. If the cause is not shown, the court may enter its order assessing the costs against the complaining party, which order may then be enforced in the same manner as any order of the court concerning the assessment of fines or costs.
F. Costs may be assessed by a Municipal Judge against a defendant who fails to appear at trial for each witness who appeared for the trial and whose appearance arises from the performance of a municipal governmental function as a City employee.
G. Costs may be assessed by a Municipal Judge against a defendant who enters a plea agreement with a City Attorney on the date of the defendant's trial. Costs assessed against the defendant shall not exceed forty dollars ($40.00) for each police officer subpoenaed to and present for the trial of the defendant.
H. This section does not limit the power of the Municipal Court to punish persons for contempt committed against it pursuant to this chapter. (Ord. 4718; 1968 Code §1-33; Ord. 83-14; Ord. 87-47; Ord. 92-101; Ord. 95-180; Ord. 01-42; Ord. 04-178)