ORDINANCE NO. 970865

Amending Section 2-1463, Code of Ordinances, entitled "Costs and fees generally" to impose a $1.00 court cost on nonmoving violations and to permit the court administrator to establish a schedule of fees to reflect the cost of preparing and providing copies of documents.

WHEREAS, in 1996 the Missouri General Assembly modified the system of court costs and other surcharges to be imposed in cases before a municipal court; and

WHEREAS, as a result of the actions of the Missouri General Assembly the following court costs, totaling $9.00, will be imposed in cases of nonmoving traffic violations effective July 1, 1997:

$2.00 Law enforcement officer training

$1.00 Peace Officer Standards/Training Commission Fund

$1.00 Domestic violence shelters

$5.00 Crime Victims Compensation Fund

WHEREAS, the General Assembly has established a $12.00 court cost charge for municipal ordinance violations tried before a municipal judge, but has also permitted cities to enact an ordinance to provide for a schedule of costs to be paid in connection with pleas of guilty which are processed in a traffic violations bureau, not to exceed $12.00; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. Enactment of $1.00 court costs for nonmoving traffic violations. That Section 2-1463, Code of Ordinances, entitled "Costs and fees generally" is amended to read as follows:

Sec. 2-1463. Costs and fees generally.

(a) For each municipal ordinance violation case except nonmoving traffic violations filed before a municipal judge or processed in a traffic violations bureau or a general violations bureau wherein the defendant pleads guilty or is found guilty, the judge shall assess costs in the amount of $12.00 against the defendant, except in those cases where the defendant is found by the judge to be indigent and unable to pay costs.

(b) For each nonmoving traffic violation filed before a municipal judge or processed in a traffic violations bureau or a general violations bureau wherein the defendant pleads guilty or is found guilty, the judge shall assess costs in the amount of $1.00 against the defendant, except in those cases where the defendant is found by the judge to be indigent and unable to pay costs.

(c) In addition to any costs which may be assessed by the court pursuant to subsection (a) or subsection (b) of this section or pursuant to other statute, ordinance or court rule, the court administrator is authorized to establish a schedule of fees designed to reflect the cost of providing other services, including the preparation of surrender papers, a certified copy of any record, a copy of any information, pleading or other document. No charge may be imposed under this subsection for the preparation of any such document for a governmental agency.

(d) Such costs as shall be assessed as part of the judgment or as otherwise provided in this section shall be collected by the court administrator and be paid into the city treasury as provided by law; however, in no case shall the city be liable for any costs assessed in the municipal division courts.

Section 2. Effective date. This ordinance shall be effective on the later date of July 1, 1997, or ten days following passage by the City Council.

Approved as to form and legality:

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Assistant City Attorney