When a court enters a judgement in favor of the town in the trial of an ordinance violation complaint, the court shall fine the violator in an amount not exceeding the penalty requested in the complaint. However, the judge of the court shall have discretion to impose a lesser fine than that requested if, in the judgement of the court, there exist extenuating or mitigating circumstances warranting a lesser penalty; but if the judgement is entered by the Clerk of the Court upon waiver of trial and admission of guilt by the defendant, the Clerk does not have discretion to impose a lesser penalty unless so ordered by the judge. The court also shall tax and assess as part of the judgement in favor of the town the municipal prosecutor's fee as prescribed by § 35.30 and by law, and any other costs incurred and stipulated by the town in connection with the filing and prosecution of the complaint and which are recoverable pursuant to any statute or ordinance. The Clerk of the court shall regularly pay to the Clerk-Treasurer all fines, costs and that portion of the municipal prosecutor's fees owing to the town and collected by the court on judgement in favor of the town, such money to be deposited in accordance with § 35.35.
('85 Code, § 1-3-16)