(a) Whenever a person is convicted in the Municipal Court of a violation of the codified ordinances or other ordinance or any rule, regulation, notice or order promulgated pursuant to authority thereof, and such person is sentenced to pay a fine, and it shall appear to the court on its own motion or on motion of the defendant that such defendant is unable to pay such fine forthwith, the Court may order the defendant to pay such fine and any costs which the defendant may be required to pay in installments or upon such other terms and conditions or within such period of time as may enable the defendant to pay such fine and costs.
(b) In determining whether a defendant is unable to pay a fine forthwith, the Court may require such defendant to file a petition, under oath, with the Court, upon a form provided by the Court, setting forth the financial condition of the defendant.
(c) Such form shall be a questionnaire, and shall include, but shall not be limited to: the name and residence of the defendant; his or her occupation, if any; his or her family status and the number of persons dependent upon him or her; his or her monthly income; whether or not his or her dependents are employed and, if so, their approximate monthly income; his or her banking accounts, if any; real estate owned by the defendant, or any interest he or she may have in real estate; income produced therefrom; and independent income accruing to the defendant; tangible and intangible personal property owned by the defendant, or in which he or she may have an interest; and a statement listing the approximate indebtedness of the defendant to other persons. Such form shall also include a payment plan of the defendant, if the Court should exercise its discretion in permitting the payment of such fine and costs in installments or other conditions to be fixed by the Court. At the end of such form, there shall be printed in boldface type, in a distinctive color the following: “This statement is made under oath. Any false statement of a material fact to any question contained herein shall constitute false swearing and shall be an offense against this section. The maximum penalty is $100 fine or 30 days in jail, or both.” A copy of the petition shall be retained by the defendant.
(d) If the defendant is unable to read or write, the Court or the Clerk, may assist the defendant in completing the petition and require him or her to affix his or her mark thereto. The consequences of the making of a false statement shall be explained to such defendant.
(e) If a defendant is sentenced to pay a fine and payment of the fine or fine and costs is ordered to be made on an installment basis or in other conditions under the provisions of subsection (a) above, and if the defendant is also placed on probation or imposition of the execution of sentence is suspended, the Court may make payment of the fine a condition of probation or suspension of sentence.
(f) If a defendant is permitted to pay a fine or fines and costs on an installment basis, or under such other conditions as the Court shall fix under the provisions of subsection (a) above, the Court may require as a condition that the defendant be of peace and good behavior until the fine and costs are paid.
(g) When any person sentenced to pay a fine defaults in the payment of any such fine or of any installment thereof, the Court may issue a summons for such person to appear before the Court for a hearing on the question of whether such person’s failure to pay the fine or any installment was attributable to intentional refusal to comply with the prior order of the Court or to a lack of a good faith effort to comply therewith. The Court may, after hearing, order that the person in default be allowed additional time for payment, may reduce or remit the amount of the fine or the unpaid portion thereof in whole or in part, or upon a finding that the default was intentional or due to the lack of a good faith effort to comply with the prior order of the Court, may order such person confined for such period up to 30 days as the Court in its discretion shall determine.
(h) Post-dated checks prohibited. The Town of Nutter Fort will no longer accept a post-dated check for payment of town services, fees, charges, fines and penalties effective October 12, 2021.
(Res. 2021-05, passed - - )