A. If judgment of conviction is entered, the Clerk of the Court shall tax the costs to the defendant plus the fees and mileage of witnesses and jurors, which said fine shall not exceed eight hundred dollars ($800.00) plus court costs and penalties and up to thirty (30) days in jail.
B. When the judgment and sentence of the City Court imposes a fine or costs upon a defendant, a judicial hearing shall be conducted and judicial determination made as to the defendant's ability to immediately satisfy the fine and costs.
C. If the defendant, by judicial finding, is able to immediately satisfy fine or costs, but refuses or neglects to do so, he may be immediately confined. If the defendant does immediately satisfy the fine or the costs, no determination need be made.
D. If the court conducting the hearing judicially determines that defendant is immediately unable to pay the fine or costs, a judicial determination shall be made as to defendant's ability to satisfy fine or costs by making payments in installments.
E. After a judicial finding that the defendant may be able to pay the fine or costs in installments, the court may order the defendant to make payment of installments in reasonable amounts and fix the due date of each payment, and may order the defendant to appear before the court on each due date.
F. If the defendant fails to make an installment payment when due, he must be given an opportunity to be heard as to his refusal or neglect to pay the installment when due. If no satisfactory explanation is given, the defendant may then be imprisoned. If, because of exigent circumstances or misfortune, defendant is unable to make payment of a particular installment when due, he should be given further opportunity to satisfy the fine or costs, this being within the discretion of the court, to be governed by the facts and circumstances of each particular case.
G. In the event the defendant, because of physical disability or poverty, is unable to pay fine or costs either immediately or in installment payments, he must be relieved of the fine or costs; or, in the alternative, be required to report back to the court at time fixed by the court to determine if a change of condition has made it possible for the defendant to commence making installment payments toward the satisfaction of fine or costs.
H. A reporter should be present and report all such judicial hearings above referred to and any order of the court, whether there be a court reporter in attendance or not, should be reduced to writing and filed of record in the case. Such order should set forth the findings of the court regarding defendant's ability or inability to pay fine or costs, his refusal or neglect to do so, if that be the case, the amount of the installments and due dates, if such be the order of the court, and all other findings of fact and conclusions of law necessary to support the order of the court. (Ord. 742, 12-5-2017)