(a) In each case in which a fine or jail sentence is imposed, and not suspended by the Municipal Judge, or a guilty plea is entered for a violation of the law or an ordinance of the City, the Municipal Judge shall require the person so fined or sentenced to pay, in addition to all other fines, fees or costs imposed, those fees or additional costs, when applicable, as set forth in this Section 171.13.
(b) The Municipal Judge shall assess each person who is fined, sentenced or pleads guilty to a misdemeanor offense, other than a traffic offense that is not a moving violation, an additional cost of eight dollars ($8.00) for the Crime Victims Compensation Fund.
(W.Va. Code § 14-2A-4).
(c) The Municipal Judge shall assess each person who is fined, sentenced or pleads guilty to a violation of W.Va. Code § 17C-5-2, driving under influence of alcohol, controlled substances or drugs, an additional cost in the amount of twenty percent (20%) of the fine imposed pursuant to W.Va. Code§ 17C-5-2 for the Crime Victims Compensation Fund.
(W.Va. Code§ 14-2A-4).
(d) The Municipal Judge shall assess each person fined or sentenced for a violation of a criminal law or ordinance of the City, excluding violation of the City's parking ordinances, an additional cost of two dollars ($2.00) for the Statewide Law Enforcement Training Fund Fee. (W.Va. Code § 30-29-4).
(e) The Municipal Judge shall assess for each cash or property bond posted for the violation of a criminal law or ordinance of the City, excluding those bonds posted for the violation of the City’s parking ordinances, an additional cost of two dollars ($2.00) for the Statewide Law Enforcement Training Fund Fee. (W.Va. Code§ 30-29-4).
(f) The Municipal Judge shall assess each person fined or sentenced for a traffic offense constituting a moving violation, regardless of whether the penalty for the violation provides for a period of incarceration, and for all other offenses for which the City ordinance prescribing the offense provides for a period of incarceration, an additional cost in an amount of not less than forty-two dollars ($42.00). Of the additional cost imposed, two dollars ($2.00) shall be retained by the City as administrative costs and the remaining costs collected shall be assessed for the Criminal Regional Jail Authority Fee. (W.Va. Code§ 8-11-1).
(g) The Municipal Judge shall assess each person sentenced, by plea or at trial, pursuant to a City ordinance containing the same offense elements of W.Va. Code §§ 17C-5-2 or 20-7-18b, an additional cost of fifty-five dollars ($55.00). The additional cost assessed shall be
deposited into the general revenue fund of the City for the purpose of defraying the cost to the City of enforcing the provisions of the City ordinance containing the same offense elements of W.Va. Code§§ 17C-5-2 or 20-7-18b or related City ordinances. (W.Va. Code§ 8-11-lb).
(h) The Municipal Judge shall assess each person sentenced to home incarceration for the violation of the law or an ordinance of the City and who is found to be financially capable to pay an additional cost by the Municipal Judge an additional cost of two dollars and fifty cents ($2.50) per day for each day the person is incarcerated at home for the West Virginia Community Corrections Fund. The Municipal Judge shall consider the sentenced person's ability to pay the additional cost imposed under this subsection prior to the imposition of the cost.
(W.Va Code§ 62-11C-4(c)).
(i) The Municipal Judge shall assess each person fined or sentenced for violation of a criminal law of the City, excluding violation of the City's parking ordinances, an additional cost often dollars ($10.00) for the West Virginia Community Corrections Fund.
(W.Va. Code§ 62- 11C-4(d)).
(g) The Municipal Judge shall assess each person fined, sentenced or pleads guilty to a violation of a law or ordinance of the City in violation of W.Va. Code § 22-15A-4(a), prohibiting the placement, depositing or dumping of litter, an additional cost of not less than two-hundred dollars ($200.00) nor more than one-thousand dollars ($1,000.00) for the cost of clean-up, investigation and prosecution of the violation. The City shall remit fifty percent (50%) of the additional cost collected pursuant to this subsection to the State for the Litter Control Fund and the remaining fifty percent (50%) to the Sycamore Landfill Solid Waste Authority or to any other county or regional solid waste authority used by the City from time to time.
(W.Va. Code § 22-15A-4).
(k) Nothing in this Section 171.13 shall permit the City nor the Municipal Court to assess additional costs in excess of those fees assessed against the City under West Virginia Code.
(m) Nothing in this Section 171.13 shall permit the City nor the Municipal Court to charge or collect fees from convicted persons ex post facto.
(n) The provisions of this Section 171.13 are declared to be severable, and if any subsection, sentence, clause or phrase of this Section shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining subsections, sentences, clauses and phrases of this Section but they shall remain in effect, it being the legislative intent that this Section shall stand notwithstanding the invalidity of any part
(Ord. 685. Passed 10-15-12.)