A. Established: When a defendant pleads or is found guilty of a misdemeanor prosecuted in the municipal court of the city including the violation of any municipal ordinance, the judge shall include in the sentence the sum as listed on the city of Yerington fee schedule as an administrative assessment for the provision of court facilities and render a judgment against the defendant for the assessment. The administrative assessment is in addition to any assessment imposed pursuant to Nevada Revised Statutes section 176.059 or other statutory authority. (Ord. 03-09, 1-12-2004)
B. Exceptions: The provisions of subsection A of this section do not apply to:
1. An ordinance regulating metered parking; or
2. An ordinance which is specifically designated as imposing a civil penalty or liability pursuant to Nevada Revised Statutes section 244.3575 or 268.019.
C. Collection: The money collected for the administrative assessment provided for in this section must not be deducted from the fine imposed by the judge, but must be imposed against the defendant in addition to the fine. The money collected for this administrative assessment must be stated separately on the court's docket and must be included in the amount posted for bail. If the defendant is found not guilty or the charges are dismissed, the money deposited with the court must be returned to the defendant. If the judge cancels a fine because the fine has been determined to be uncollectible, any balance of the fine and the administrative assessment remaining unpaid shall be deemed to be uncollectible and the defendant is not required to pay it. If a fine is determined to be uncollectible, the defendant is not entitled to a refund of the fine or administrative assessment he has paid and the judge shall not recalculate the administrative assessment.
D. Installment Payments: If the judge permits the fine and any administrative assessment provided by law to be paid in installments the payments must be applied in the following order:
1. To pay the unpaid balance of an administrative assessment imposed pursuant to Nevada Revised Statutes section 176.059;
2. To pay the unpaid balance of the administrative assessment provided for in this section; and
3. To pay the fine.
E. Disposition Of Funds: The money collected for the administrative assessment provided for in this section must be paid by the clerk of the court to the city clerk on or before the fifth day of each month for the preceding month. The city clerk shall deposit the money received to a special revenue fund. The city may use the money in the special revenue fund only to:
1. Acquire land on which to construct additional facilities for the municipal court;
2. Construct or acquire additional facilities for the municipal court;
3. Renovate or remodel existing facilities for the municipal court;
4. Acquire furniture, fixtures and equipment necessitated by the construction or acquisition of additional facilities or the renovation of an existing facility for the municipal court;
5. Acquire advanced technology for use in the additional or renovated facilities;
6. Pay debt service of any bonds issued pursuant to subsection 3 of Nevada Revised Statutes section 350.020 for the acquisition of land or facilities or the construction or renovation of facilities for the municipal court.
F. Funds Remaining After Five Years: Any money remaining in the special revenue fund after five (5) fiscal years from the effective date hereof must be deposited in the city's general fund for the continued maintenance of court facilities if it has not been committed for expenditure pursuant to a plan for the construction or acquisition of court facilities or improvements to court facilities. The city clerk shall provide, upon request by the municipal court, monthly reports of the revenue credited to and expenditures made from the special revenue fund. (1973 Code § 1.24.010)
G. Effectiveness Of Section: The administrative assessment provided for in this section shall be assessed for a period of fifty (50) years from the enactment of this section. (Ord. 03-09, 1-12-2004)