(a) In each criminal case, except parking meter violations, the Police Court Judge, or the Mayor or Recorder in acting in the capacity of judge, shall tax as costs such of the following as shall be applicable:
(1) For all official services performed by him in connection with any single case, including affidavit for warrant, search and seizure warrant, warrant for arrest, trial examination, issuing subpoenas, and copies thereof, warrants summoning and swearing a jury, when required, swearing and certifying attendance of witnesses, entering judgment and tax costs, and all other acts in connection therewith, the sum of five dollars ($5.00).
(2) For making and certifying a transcript of his docket in any particular case, an additional fee of one dollar ($1.00).
(3) An arrest fee of one dollar ($1.00), when the person is convicted of violating any provision of this Code or other ordinance of the City or any State law, or forfeits bail after being arrested by any member of the Police Department of the City.
(4) For each subpoena served by a member of the Police Department, one dollar ($1.00).
(5) Whenever the sentence includes a period of confinement, or whenever the person is confined for the failure to pay the fine and costs imposed, there shall be confinement costs of four dollars ($4.00) per day taxed.
(6) For a complaining witness to withdraw his complaint prior to trial, five dollars ($5.00) court cost and one dollar ($1.00) for the Police Pension Fund. If an arrest has been made, the witness shall not be permitted to withdraw the complaint, unless such costs are paid.
(Passed 9-11-86)
(7) Teen Court Fee. A mandatory fee of five dollars ($5.00) shall be paid by the defendant on a judgement of guilty or a plea of nolo contrendre for each violation committed in the City of Martinsburg of any felony, misdemeanor or any local ordinance, including traffic violations and moving violations, but excluding municipal parking ordinances. The City of Martinsburg is authorized to use fees assessed according to this subsection pursuant to the operation of a teen court in accordance with WV Code Section 49-4-716. (Ord. 2018-23. Passed 12-13-18.)
(b) Whenever a person is found guilty or pleads guilty, or forfeits his bond in lieu of contesting the charges placed against him, the following fines (and fees) shall be imposed as minimum fines, but nothing herein shall prohibit the court from imposing fines of higher amounts within the limits imposed by State statutes or City ordinances:
CHARGE | FINE |
Assault | $152.00 |
Battery | 202.00 |
Brandishing weapon | 202.00 |
Curfew violation | 97.00 |
Destruction of property | 107.00 |
Disorderly conduct | 152.00 |
Disturbing the peace | 152.00 |
Driving under the influence; 1st Offense | 359.00 |
Driving under the influence; 2nd Offense | 374.00 |
Driving under the influence; 3rd Offense | 399.00 |
Failure to obtain City Business License | 152.00 |
Failure to appear | 52.00 |
Indecent exposure | 152.00 |
Littering | 107.00 |
Obstructing an officer | 152.00 |
Opposing an officer | 167.00 |
Panhandling | 107.00 |
Peeping tom | 152.00 |
Petty larceny | 97.00 |
Public nuisance | 107.00 |
Shoplifting; 1st Offense | 177.00 |
Shoplifting; 2nd Offense | 277.00 |
Trespassing | 107.00 |
Threatening phone calls | 102.00 |
Weapon without license | 152.00 |
Dog warrant | 54.00 |
Open container | 152.00 |
Furnishing alcohol to minor | 152.00 |
Fake I.D. | 102.00 |
Any charge not listed or set by Magistrate | 97.00 |
Blowing horn needlessly | 97.00 |
Defective equipment | 45.00 |
Driving left of enter | 97.00 |
Expired registration | 45.00 |
Failure to maintain control | 107.00 |
Fail to stop for an emergency vehicle | 152.00 |
Fail to yield right of way | 107.00 |
Following too closely | 97.00 |
Hit and run property damage | 207.00 |
Hit and run personal injury | 252.00 |
Illegal left turn | 107.00 |
Improper backing | 87.00 |
Improper passing | 107.00 |
Inspection violation | 45.00 |
Keys unattended | 87.00 |
Driving no operators | 97.00 |
No insurance | 252.00 |
No helmet/eye protection on cycle | 97.00 |
Obstructing traffic | 97.00 |
Permitting no operators | 97.00 |
Reckless driving | 207.00 |
Revoked operators | 152.00 |
Red light violation | 97.00 |
Run stop sign | 97.00 |
Too fast for road conditions | 97.00 |
Wrong way on one way street | 97.00 |
More than three in front seat | 97.00 |
Driving under the influence; 1st Offense | 359.00 |
Driving under the influence; 2nd Offense | 374.00 |
Driving under the influence; 3rd Offense | 399.00 |
SPEEDING IN 25 MPH ZONE | |
26 to 40 | $ 87.00 |
41 to 50 | 97.00 |
51 to 60 | 107.00 |
61 and over | 117.00 |
SPEEDING IN 15 MPH ZONE | |
16 to 30 | $ 87.00 |
31 to 40 | 97.00 |
41 to 50 | 107.00 |
(Passed 12-13-90)