§ 35.36  COURT COSTS.
   (A)   Costs. In addition to any fine that may be imposed by the Municipal Judge, the following Court costs, fees, assessments and surcharges are hereby established to be collected subject to the order and determination of the Court:
      (1)   Costs of Court in the amount of $12;
      (2)   An additional surcharge in the sum of $3 to be assessed and added to the basic Court fees in division (A)(2)(a) below; provided that, no such surcharge shall be collected in any proceeding when the proceeding or the defendant has been dismissed by the Court. All sums collected pursuant to this division (A)(2) shall be distributed as follows.
         (a)   Two dollars of each such surcharge shall be transmitted monthly to the Treasurer of the city and used to pay for police officer training as provided by RSMo. §§ 590.100 to 590.180. The city shall not retain for training purposes more than $1,500 of such funds for each certified law enforcement officer or candidate for certification employed by the city. Any excess funds shall be transmitted quarterly to the city’s General Fund.
         (b)   One dollar of each such surcharge shall be sent to the State Treasury to the credit of the Peace Officers Standards and Training Commission Fund created by RSMo. § 590.178.
      (3)   Other costs, such as for the issuance of a commitment, or a summons, as provided before the Associate Circuit Judge in criminal prosecutions;
      (4)   Actual costs assessed against the city by the County Sheriff for apprehension or confinement in the County Jail or costs assessed against the city by any other detention facility. Additionally, any charges assessed against the city by the County Sheriff for the apprehension, confinement lodging, care and/or processing of prisoners under order of the Court shall be assessed as costs against such person upon a plea of guilty or a finding of guilty for a violation of the city’s ordinances. However, the Court may waive the costs or reduce these costs, if it determines that the costs are excessive under the circumstances;
      (5)   Mileage, in the same amount as provided to the Sheriff in criminal violations, for each mile and fraction thereof the officer must travel in order to serve any warrant or commitment or order of the Court; and
      (6)   A surcharge of $2 per case for the purpose of providing operating expenses for shelters for battered persons as set out in RSMo. § 488.607.
   (B)   Reimbursement of certain costs of arrest. Upon a plea of guilty or a finding of guilty for an offenses of driving while intoxicated or driving with excessive blood alcohol content, or any other ordinances involving alcohol or drug-related traffic offenses, the Court may, in addition to imposition of any penalties provided by law, order the convicted person to reimburse the Police Department which made the arrest for the costs associated with such arrest. Such costs shall include the reasonable cost of making the arrest, including the cost of any chemical test made to determine the alcohol or drug content of the person’s blood, and the costs of processing, charging, booking and holding such person in custody. The Police Department may establish a schedule of such costs; however, the Court may order the costs reduced if it determines that the costs are excessive.
   (C)   Trial de novo. An additional fee of $30 shall be assessed in every case in which the defendant applies for a trial de novo in the Circuit Court of the county from the decision of the Municipal Judge.
   (D)   Crime Victims’ Compensation Fund. An additional surcharge of $7.50 shall be assessed and added to the basic costs in division (A) above; provided that, no such cost shall be collected in any proceeding when the proceeding or the defendant has been dismissed by the Court. All sums collected pursuant to this division (D) shall be paid at least monthly as follows.
      (1)   Ninety-five percent of such fees shall be paid to the Director of Revenue of the state for deposit as provided in RSMo. § 595.045.6.
      (2)   Five percent shall be paid to the City Treasury.
   (E)   Biometric identification systems. An additional fee of $2, pursuant to RSMo. § 488.5026, in all cases, except where the proceeding is dismissed by the Court, in order to develop and maintain biometric identification systems and for other prisoner expenses. All fees collected pursuant to this division (E) shall be transmitted monthly to the Treasurer of the city, who shall deposit funds generated by the surcharge into the Inmate Security Fund.
   (F)   Surcharge to basic Court fees. Subject to the exercise of judicial authority by the Judge of the Municipal Division or directive of appropriate judicial authority, an additional surcharge in the sum of $3 to be assessed and added to the basic Court fees in division (A) above, but no such surcharge shall be assessed when the costs are waived or are to be paid by the state, county or municipality or when a criminal proceeding or the defendant has been dismissed by the Court. Amounts collected pursuant to this division (F) shall be collected and disbursed as provided by RSMo. §§ 488.010 to 488.020. Such funds shall be payable to the Sheriffs’ Retirement Fund, as provided in RSMo. §§ 57.955 and 488.024.
   (G)   Surcharge on petitions. There shall be assessed as costs a surcharge in the amount of $100 on all petitions for expungement filed under the provisions of RSMo. § 610.140 in the Municipal Court. Such surcharge shall be collected and disbursed by the Clerk of the Court as provided by RSMo. §§ 488.010 to 488.020. Moneys collected from this surcharge shall be payable to the city’s General Fund.
   (H)   Collection.
      (1)   In the event that the General Assembly repeals the statute authorizing the assessment of the costs, fees, miscellaneous charges or surcharges described in this section or a contrary rule, order or directive is issued by the Circuit Court or State Supreme Court, the Municipal Division shall cease collecting such costs, fees, miscellaneous charges or surcharges so affected.
      (2)   In the event that a court of competent jurisdiction enters a final judgment that any of the costs, fees, miscellaneous charges or surcharges described in this section are unconstitutional, unauthorized, or are not to be assessed on cases filed in the municipal divisions of courts of the state, the Municipal Division shall cease collecting such costs, fees, miscellaneous charges or surcharges so affected.
(2003 Code, § 35.51)  (Ord. 35.51, passed 1-12-2015)