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Except as may be provided otherwise, all fines, penalties, fees, costs, forfeitures, and collections of every kind made by the Police Court Judge shall be the property of the city and shall be deposited with the City Treasurer to be by him or her applied to the General Fund of the city, or as may be otherwise required by state law, the City Charter, this code, or other ordinance of the city.
(Prior Code, § 21-11) (Ord. passed 7-18-1974)
All persons found guilty of violating any provision of this code or other ordinance of the city, or any rule, regulation, notice, or order promulgated or issued pursuant to authority thereof shall be taxed such costs of the proceedings as are authorized by law and without limiting the generality of the foregoing, shall be taxed the following specific special fees as costs.
(A) Police Court Judge. A fee of $4, or other amount deemed appropriate by the Municipal Court, in each criminal case and proceeding before the Police Court Judge shall be taxed as part of the costs in each such criminal case and proceeding before said Police Court Judge and shall be for all official services performed by the Police Court Judge in connection with any single case, including affidavit for arrest, search and seizure warrant, warrant for arrest, trial examination, issuing subpoenas and copies hereof, warrant summoning and swearing a jury when required, swearing and certifying attendance of witnesses, entering judgment and taxing costs, and all other acts in connection therewith.
(B) Clerk. A fee of $0.50, or other amount deemed appropriate by the Municipal Court, shall be taxed on each criminal and traffic proceeding docketed by the Clerk, and an additional fee of $0.50 shall be taxed as part of the costs for the Clerk’s certifying a transcript of his or her docket in any particular case, and transmitting the same to the Clerk of the Circuit Court, the State Road Commissioner, or any other office in which he or she may be by law required to certify such transcript, and further, there shall be taxed as a part of the costs of any such proceeding $2, or other amount deemed appropriate by the Municipal Court, for bond or recognizance.
(C) Jail Fund. The Police Court Judge shall tax as part of the costs in any criminal or traffic proceeding before him or her such sum, or sums, as may be necessary to pay the jail fee charged the city by the County Sheriff, and/or the County Court, for the confinement of said defendant in the county jail.
(D) Police Pension Fund. A fee of $1, or other amount deemed appropriate by the Municipal Court, shall be taxed as a part of the costs in criminal and traffic cases and such fee shall be payable to the Police Pension Fund of the city.
(Prior Code, § 21-12) (Ord. passed 7-18-1974)
All persons found guilty of violating any provision of this code or other ordinance of the city or any rule, regulation, notice, or order promulgated or issued pursuant to authority thereof shall be taxed such costs of the proceedings as are authorized by the laws of the state to be taxed by justices of the peace and by the City Charter, in addition to the special fees provided in this chapter and in addition to any other fees or costs which may be provided elsewhere in this code or other ordinance of the city.
(Prior Code, § 21-13)
Upon conviction of any person for a violation of this code or other ordinance or any rule, regulation, notice, or order promulgated or issued pursuant to authority thereof, the Police Court Judge may impose such fine or imprisonment, or both, as may be within the limits of punishment authorized for such violation by state law, the city Charter, this code, or other ordinance of the city; and the Police Court Judge shall have the power to issue an execution for any fine and costs, imposed by him or her, or he or she may at the time of rendering judgment thereof, or at any time thereafter, and before satisfaction of such judgment, by his or her order in writing, require the immediate payment thereof, and, in default of such payment, he or she may cause the person so in default to be apprehended and brought before him or her and commit him or her to jail until the fine and costs are fully paid, but not to exceed 30 days. Any person committed for the nonpayment of fine and costs, while in custody, may be compelled to work on the streets, alleys, or public grounds or works until the fine and costs are paid, allowing $1.50 per day, or other amount deemed appropriate by the Municipal Court, for the work of such person to apply to such fine and costs.
(Prior Code, § 21-15)
Charter reference:
Authority of Mayor to commit to prison persons who are in default of payment, see Charter § 20
Authority to compel labor by persons in default of payment of fines or costs, see Charter § 31
Statutory reference:
Authority of Mayor to commit to prison persons who are in default, see W. Va. Code 8-10-1
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