A. 1. Authority. Under powers granted to Lake Havasu City by A.R.S. § 9-240 A and B(29), this section is herein established.
2. Purpose. It is the purpose of this section to establish an administrative fee schedule whereby the Municipal Court may defray costs associated with the additional work related to issuing and processing numerous failure to appear warrants and the suspension of driving privileges. It further establishes a Court enhancement fee to provide funds supplemental to budgetary funds for advancing Court operations in the areas of technology, Court security, and programs designed to improve Court efficiency. This section also provides for the recovery of the actual per diem costs of incarceration as the result of a person being convicted and sentenced to a term of incarceration in the Mohave County Jail by the City Magistrate.
3. Jurisdiction. This section shall apply to all cases arising within the Jurisdiction of the Municipal Court.
B. 1. Warrant fee. The Municipal Court may collect a warrant fee of $150 for each warrant the court is required to issue as the result of a failure to appear, which includes any failure to appear at scheduled, or otherwise required, court appearance. This fee applies to all forms and types of warrants and shall be added to the amount set forth in the arrest warrant.
2. Default fee. The Municipal Court may collect a default fee of $50 for civil traffic violations, water violations, and local ordinance violations as a result of a failure to pay civil sanction or default judgment in a civil matter.
3. Deposit into General Fund. All warrant and default fees collected under this section shall be received by the Municipal Court in a manner consistent with the Arizona Supreme Court Accounting Standards and deposited with the Treasurer in a timely manner, consistent with Municipal Court deposit policies and procedures, into the City General Fund.
C. 1. Court enhancement fee. The Municipal Court may collect a Court enhancement fee of $10 which shall be assessed in addition to any fine, sanction, or penalty imposed by the Court. The Court enhancement fee shall be collected after the statutory priorities of restitution and time payment fees if applicable. The Court enhancement fee shall be received by the Court in a manner consistent with the Arizona Supreme Court Accounting Standards and deposited with the Treasurer on a monthly basis for deposit into the Court Enhancement Fund.
2. Court Enhancement Fund. The Court Enhancement Fund shall be established as a separate fund so designated by the City Treasurer for the purpose of receiving the Court enhancement fee. Interest earned on fund monies invested with the Local Government Investment Pool (LGIP) shall be deposited into the fund. The Court Enhancement Fund shall be used to the limit of available fund balance, as appropriated in the annual Court budget. The City Magistrate may use Court enhancement funds in conjunction with any other Courts in any common projects, programs, or uses which may benefit the Municipal Court’s operations.
D. 1. Jail costs recovery fee. The Municipal Court may require any person who is convicted of a misdemeanor criminal offense and sentenced to a term of incarceration in the Mohave County jail, or any other facility authorized by law, to reimburse Lake Havasu City for all or any part of the actual expenses the city has or will incur by reason of the incarceration. The maximum amount ordered for reimbursement under this section shall not exceed the number of days the misdemeanant is actually incarcerated, multiplied by the actual costs per day, including any part of a 24-hour period which shall be considered 1 day.
2. Factors to be considered. The City Magistrate may determine the amount of incarceration costs to be paid based on the following factors: The per diem per person cost of incarceration incurred by the City. The person’s ability to pay all or part of the incarceration costs.
E. Collection fees. Any defendant who defaults in his or her obligation for the payment of monies owed or due the Municipal Court, including but not limited to, restitution, fines, surcharges, assessments, penalties, bond, costs and fees is liable for all costs of collection including attorney fees and costs and/or any fees and charges assessed by a collection agency that is licensed pursuant to A.R.S. §§ 32-1001 et seq., and that is engaged legally by contract or otherwise to act on behalf of the Municipal Court for the purpose of collecting the aforementioned obligations. All such costs and fees, including legal fees and Court costs related to collection, assessed by the collection agency may be added to the sum or sums due from and chargeable to the defendant.
F. Waive, suspend, and deferring fees. The City Magistrate or Associate City Magistrate or Hearing Officer may waive, suspend, or defer payment of all or part of any fee upon a determination of economic hardship on the part of the defendant, or in the interests of justice.
G. Community service conversion. The City Magistrate may convert all or part of any fee to community service time at a rate consistent with the Court’s community service program. Upon approval of the Judge, a Court collections officer may convert all or part of any fee to community service time.
H. Prosecution assessment recovery fee. Any person who is convicted of a misdemeanor criminal offense following a trial or a plea agreement, or whose criminal case in the Municipal Court is resolved through an agreement to defer prosecution or entry of a guilty plea, shall pay to the Municipal Court a prosecution assistance recovery fee in the sum of $100 for each conviction following trial or plea agreement, or any agreement to defer prosecution or entry of a guilty plea. A prosecution assessment fee in an amount higher than $100 may be imposed by mutual agreement of the prosecutor and the defendant convicted of a criminal offense as part of a plea agreement or agreement to defer prosecution or entry of a guilty plea. The prosecution assessment recovery fee shall be collected by the Municipal Court for deposit into the city general fund.
I. Severability. If any fee imposed herein is determined by a Court of competent jurisdiction to be unenforceable in whole or in part, the other fees imposed herein shall not be affected and shall remain fully enforceable.
(Ord. 16-1166, passed 11-8-2016; Ord. 09-963, passed 2-24-2009; Ord. 06-828, passed 12-12-2006; Ord. 99-576, passed - -1999; Ord. 21-1267, passed 11-23-2021)