(a) Any person, including any firm or organization, desiring to file an affidavit alleging a violation of one or more sections of any provision of Part Five - General Offenses Code of the Codified Ordinances of the Village of Johnstown, shall also deposit with the Clerk of the Mayor’s Court a deposit for costs attributable to the prosecution of the offenses charged.
(b) The amount of security deposit for costs as provided in subsection (a) hereof, shall be set by Council pursuant to this section.
(c) The security deposit for costs as provided herein shall be waived under any of the following conditions:
(1) Upon sworn affidavit, it is shown and demonstrated that the person, firm or organization desiring to file the affidavit which alleges a violation of Part Five of the Codified Ordinances, is unable due to financial inability to pay the costs provided herein; or
(2) Upon application to the Mayor, the Mayor determines upon consideration and order that the filing fee is waived. In considering the waiving of any of the fees provided herein, the Mayor may, but is not required to consider the following factors:
A. The immediacy of the danger to the general public posed as alleged by the offenses charged in the purported affidavits;
B. As a matter of fundamental fairness, to the affiant, as well as to the community at large, the imposition of the deposit for security costs would work an injustice.
(Ord. 1989-18. Passed 6-6-89.)