Chapter 1.25
GENERAL PENALTY

Sections:

1.25.010    Maximum penalty.

1.25.020    Mandatory fees collected upon conviction.

1.25.030    Disposition and use of fees collected.

1.25.040    Penalty reduction.

1.25.010 Maximum penalty.

Unless a lesser maximum penalty or a specific penalty is established by ordinance for a particular offense, the maximum penalty for violation of any municipal ordinance shall be as follows:

A. Except for those violations of ordinances described in subsections (B) and (C) of this section, a fine of not more than $500.00 or imprisonment for not more than 90 days or both;

B. For violations of an ordinance prohibiting driving a motor vehicle while under the influence of intoxicating liquor or drugs, a fine of not more than $999.00 or imprisonment for not more than 179 days or both; and

C. For violations of an industrial user wastewater pretreatment ordinance as required by the United States Environmental Agency, a fine of not more than $999.00 a day for each violation. [Ord. 204 § 1, 2003].

1.25.020 Mandatory fees collected upon conviction.

A. Every municipality shall enact an ordinance requiring assessment of corrections fees, judicial education fees and court automation fees to be collected as court costs and used as provided in this section.

B. A municipal judge shall collect the following costs:

1. A corrections fee of $20.00;

2. A judicial education fee of $3.00; and

3. A court automation fee of $6.00.

C. The fees are to be collected upon conviction from persons convicted of violating any ordinance relating to the operation of a motor vehicle or any ordinance that may be enforced by the imposition of a term of imprisonment.

D. All money collected pursuant to subsection (B)(1) of this section shall be deposited in a special fund in the municipal treasury and shall be used for:

1. Municipal jailer or juvenile detention officer training;

2. The construction planning, construction, operation and maintenance of a municipal jail or juvenile detention facility;

3. Paying the cost of housing municipal prisoners in a county jail or detention facility or housing juveniles in a detention facility;

4. Complying with match or contribution requirements for the receipt of federal funds relating to jails or juvenile detention facilities;

5. Providing inpatient treatment or other substance abuse programs in conjunction with or as an alternative to jail sentencing;

6. Defraying the cost of transporting prisoners to jails or juveniles to juvenile detention facilities; or

7. Providing electronic monitoring systems.

E. A municipality may credit the interest collected from fees deposited in the special fund pursuant to subsection (D) of this section to the municipality’s general fund.

F. All money collected pursuant to subsection (B)(2) of this section shall be remitted monthly to the state Treasurer for credit to the judicial education fund and shall be used for the education and training, including production of bench books and other written materials, of municipal judges and other municipal court employees.

G. All money collected pursuant to subsection (B)(3) of this section shall be remitted monthly to the state Treasurer for credit to the municipal court automation fund and shall be used for the purchase and maintenance of court automation systems in the municipal courts. The court automation systems shall have the capability of providing, on a timely basis, electronic records in a format specified by the judicial information systems council.

H. As used in this section, “convicted” means the defendant has been found guilty of a criminal charge by a municipal judge, either after trial, a plea of guilty or nolo contendere. [Amended during 2014 codification; Ord. 204 § 2, 2003].

1.25.030 Disposition and use of fees collected.

A. All correction fees collected shall be deposited in a special corrections fund in the municipal treasury and shall be used only for municipal jailer training, for construction planning, operations and maintenance of the municipal jail, for paying the housing of the municipality’s prisoners in other detention facilities in the state, or for complying with match or contribution requirements relating to jails.

B. All judicial education fees collected shall be remitted monthly to the state Treasurer for credit to the judicial education fund and shall be used for the education and training, including production of bench books and other written materials, of municipal judges and other municipal court personnel. [Ord. 199 § 3, 1994].

1.25.040 Penalty reduction.

Any person upon whom any fine or penalty is imposed may, upon order of the court convicting him/her, be committed to the county jail, municipal jail, prison farm or other place provided by the municipality for the incarceration of offenders until the fine or penalty is fully paid. No such imprisonment shall exceed 90 days for any one offense. Every person so committed shall work for the Village of Cimarron at such labor as his/her strength will permit, within or without the prison or other place provided for the incarceration, not exceeding eight hours each working day, under police supervision. Each offender shall be credited with the current federal minimum wage up to eight hours per day in reduction of any fine. [Amended during 2014 codification; Ord. 113A].