§ 22-32. Costs.

(a)

In all actions where the defendant is found guilty, pleads guilty or pleads nolo contendere (no contest), there shall be assessed against the defendant costs of $25.00 for arraignment and, where applicable, $35.00 for trial to the court, $55.00 for a jury trial, in addition to the statutorily required jury deposit and juror fee and $5.00 for each witness subpoenaed by the prosecution. Defendants who enter a plea by mail shall, in addition to any fine, be assessed costs of $20.00 and any additional surcharge as may be prescribed by the city.

(b)

Defendants who enter into a deferred judgment and sentence shall be assessed costs of $50.00.

(c)

In any prosecution based upon the complaint of any person other than a police officer or other city employee, the judge, where such person fails or refuses to testify at trial, or where it shall appear to the judge after trial that the complaint was without basis or maliciously filed, may find such person in contempt.

(d)

At any trial for which a defendant fails to appear, the judge shall assess a cost of $25.00 against the defendant for every police officer being paid overtime and present to testify at such trial.

(e)

In all actions in which a warrant is issued for the defendant's failure to appear, failure to pay a fine and/or costs, or failure to obey an order of the court, the court shall assess a cost of $50.00 against the defendant.

(f)

A stay of execution cost of $10.00 shall be assessed against each defendant whom the judge grants additional time to pay any fees, costs or fines assessed the defendant.

(g)

A community justice surcharge of 20 percent of the original fine to fund court-related programs that include, but are not limited to, victim assistance, youth detention and probation, drug and alcohol programs and police training and drug enforcement activities shall be imposed, including mail-ins ordered by the court. The surcharge shall be imposed upon the total fine regardless of whether or not such fine is waived or suspended.

(h)

Any defendant who is charged with a violation of subsection (1), (2), or (3) of section 1409 of the model traffic code as adopted by the city, which charge is later dismissed or an acquittal obtained as a result of the defendant's production of documents proving that a complying policy or certificate of self-insurance was in full force and effect at the time of the alleged violation shall be assessed costs in the amount of $47.00. The assessment of costs is to reimburse the city for the costs incurred as a result of the defendant's failure to have and/or produce motor vehicle insurance as required by law when issued the summons and complaint by the officer. The city's costs include, but are not limited to, the administrative and judicial expenses incurred in processing and handling the summons and complaint and determining that the defendant did, in fact, have the insurance as required by law at the time of the alleged violation even though such defendant did not provide proof thereof at the time of the issuance of the summons and complaint. These costs may be imposed only when the court finds or the defendant admits that the required proof of insurance was not provided to the issuing officer on the date alleged in the summons and complaint.

(i)

No fees or costs set forth in this section shall be waived or suspended.

(j)

To collect past due fines, penalties, costs, fees, surcharges and restitution, the city may assign such accounts to a private collection agency, which shall be entitled to recover costs of collection, in an amount not to exceed 25 percent of the amount of the assigned account.

(Code 1985, § 4-1-16; Ord. No. 13-12, § 1, 7-6-2013; Ord. No. 18-05, § 1, 4-3-2018)