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(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)
(A) The Municipal Court shall assess a suspension fee for each suspension of any driver’s license which a court is required to issue as a result of a failure to appear to answer a charge or to pay a civil sanction or criminal fine.
(B) The suspension fee shall be set in a schedule by the Town Magistrate subject to approval by the Common Council.
(C) The suspension 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.
(D) Notwithstanding division (C) above, the Court may waive the suspension fee if the Court determines that the ends of justice would otherwise be thwarted by the collection of the fee.
(Prior Code, § 5-4-4) (Ord. 11-14, passed - -2011; Ord. 13-03, passed - -2013)
(A) The Municipal Court shall assess a service fee to cover the costs associated with the processing of payments to the court, by credit, check or debit card.
(B) Such fee shall be reflected in those costs and charges assessed by the credit card processing center, as well as the costs of maintenance and operation by the town’s Finance Department.
(Prior Code, § 5-4-5) (Ord. 11-14, passed - -2011; Ord. 13-03, passed - -2013)
(A) A public safety recovery fee shall be collected from a defendant found guilty or responsible of any criminal or civil violation, other than a parking violation, on a per charge basis.
(B) (1) The Finance Director shall establish a Public Safety Recovery Fee Account for the purpose of enhancing public safety.
(2) These funds shall not supplant budgeted expenditures and may only be used in a manner that enhances public safety.
(C) The Court may waive the public safety recovery fee if the Court determines that the ends of justice would otherwise be thwarted by the collection of the fee.
(Prior Code, § 5-4-6) (Ord. 11-14, passed - -2011; Ord. 13-03, passed - -2013)
(A) The Municipal Court shall assess a court enhancement fee in addition to any fine, sanction or penalty imposed by the court in every case wherein the defendant is found guilty or responsible for one or more charges or where the charges against a defendant are deferred or diverted pursuant to a formal agreement presented to the Court. Court Enhancement Fees shall be collected per charge for which the defendant is found guilty or responsible. Court enhancement fees are secondary in order of collection only to restitution and time payment fees, if applicable.
(B) The court enhancement fee shall be received by the Court in a manner consistent with the state’s Supreme Court Accounting Standards and deposited with the Finance Department on a monthly basis for deposit into the Court Enhancement Fund. The Magistrate may use Court Enhancement Funds in conjunction with common project, programs or uses which may benefit the Court’s operations, but enhancement funds may not be used to supplant budgeted expenses.
(C) The Court may waive the court enhancement fee only if the Court determines that the ends of justice would otherwise be thwarted by the collection of the fee.
(Prior Code, § 5-4-7) (Ord. 11-14, passed - -2011; Ord. 13-03, passed - -2013)
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