§ 39-08  Prosecution Fee.
   The Municipal Court shall assess each person prosecuted by a prosecutor in which an adjudication of guilt is entered a prosecution fee not less than $100 for each case based upon a criminal offense and not less than $50 for each case based upon a civil traffic or petty offense. The prosecution fee for each case prosecuted by a prosecutor in which a deferred prosecution is entered shall be not less than $100 for each case based upon a criminal offense and not less than $50 for each case based upon a civil traffic or petty offense. In a case in which there is an adjudication of guilt or deferred prosecution of a criminal offense, as well as of either a civil traffic or petty offense, the prosecution fee for criminal offenses shall apply.
   The Municipal Court shall assess each person prosecuted by a prosecutor a prosecution fee of not less than $25 for each case dismissed because the complainant or alleged victim either requests that the case be dismissed or fails to assist with prosecution of the case, and,
   (A)   The relationship between the complainant or alleged victim and the person is one of marriage or former marriage or of persons of the opposite sex residing or having resided in the same household;
   (B)   The complainant or alleged victim and the person have a child in common;
   (C)   The complainant or alleged victim or the person is pregnant by the other party; or
   (D)   The complainant or alleged victim is related to the person or the person's spouse by blood as a parent, grandparent, child, grandchild, brother or sister or by marriage as a parent-in-law, grandparent-in-law, step-child, step-grandchild, brother-in-law or sister-in-law.
   For all cases, the amount of the prosecution fee in excess of those minimum fees established by this section shall be reasonably based upon various factors including but not limited to the nature, complexity and seriousness of the charges and any injury, potential injury and amount of money, loss, or damage at issue.
(Ord. O99-90, passed 12-15-99)