(A) The Municipal Court shall assess a warrant fee for each warrant the court is required to issue as the result of the defendant’s violation of a promise to appear, failure to appear, failure to comply with a court order to maintain contact with his or her attorney, as a result of the return by the United States Postal Service of a summons mailed by certified mail, as the result of an order to show cause, as the result of a charge or finding of contempt of court, as the result of a violation of a court order, as a result of an alleged failure to comply with a term or condition of a sentence imposed, as a result of an alleged failure to comply with a term or condition of probation, as a result of an alleged failure to comply with a term or condition of deferred prosecution or as a result of an alleged failure to comply with a term or condition of pre or post-plea prosecution diversion.
(B) The warrant fee shall be set in a schedule by the Town Magistrate subject to approval by the Common Council.
(C) The warrant fee shall be listed on the warrant, but is independent of, and in addition to, the bond and surcharge which must also be posted to secure the defendant’s release.
(D) The warrant fee shall remain owing notwithstanding the quashing or vacating of the warrant requiring its assessment or the dismissal, with or without prejudice, of the case in which the fee was assessed.
(E) (1) Notwithstanding division (C) above, the Court may waive the warrant fee if the Court determines that the ends of justice would otherwise be thwarted by the collection of the fee.
(2) The Court shall waive the warrant fee if the Court determines clear and convincing evidence exists that, through no fault of the defendant’s, the summons returned by the United States Postal Service was mailed to an address at which the defendant could not have received the summons.
(Prior Code, § 5-4-3) (Ord. 11-14, passed - -2011; Ord. 13-03, passed - -2013)