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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
Appeals from the Police Court shall be to the County Circuit Court, as provided by statute of this state governing appeals from municipal courts to circuit courts.
(Prior Code, § 21-16)
Charter reference:
As to appeals from Mayor’s Court to Circuit Court, see Charter § 20
Statutory reference:
As to appeals from Mayor’s Court or Police Court to Circuit Court, see W. Va. Code 8-34-1
(A) In the event a candidate for municipal court judge is not qualified to be appointed. In the event that the Municipal Court judge, or any potential candidate for Municipal Court Judge, is not qualified under the appropriate provisions of West Virginia Code 8-10-2 and/or other applicable West Virginia Code provisions, then the City Council shall seek other qualified candidates who may be qualified to be a Municipal Court Judge under W. Va. Code 8-10-2 and/or other applicable West Virginia Code provisions.
(B) Compensation and qualifications for Municipal Court Judge. The Municipal Court Judge will be paid an amount set by the City Council. The Municipal Court Judge shall serve a term of one year. Any current Municipal Court Judge, or any future candidate for the role of Municipal Court Judge, will be required to satisfy the requirements of W. Va. Code 8-10-2(b) and West Virginia Code 8-10-2(c) and other requirements applicable pursuant to the West Virginia Code.
(Ord. passed 6-7-2021)
FINES AND COSTS WHEN DEFENDANTS UNABLE TO PAY
Whenever a person is convicted in the Police Court of a violation of this code 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.
(Prior Code, § 21-17)
(A) 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.
(B) 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; any 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 bold face 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 THIRTY DAYS IN JAIL, OR BOTH”. A copy of the petition shall be retained by the defendant.
(C) 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.
(Prior Code, § 21-18)
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 on other conditions under the provisions of § 34.30, 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.
(Prior Code, § 21-19)
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