Chapter 3.32
MUNICIPAL COURT ADMINISTRATION FEE
Sections:
3.32.020 Administration fees established.
3.32.030 No limitation on court authority.
3.32.040 No taxation under Oregon Constitution.
3.32.010 Short title.
This chapter shall be known as the "municipal court administration fee ordinance." (Ord. 2880 § 2, 2003)
3.32.020 Administration fees established.
(1) Except as provided in subsection (2) of this section, whenever the St. Helens municipal court finds a defendant guilty after trial, accepts a guilty or no contest plea for a criminal action or probation violation, orders a default judgment, or orders a warrant issued or a bail forfeiture as penalty for violation of a city ordinance provision, including Oregon Statutes adopted by reference, concerning a criminal action as defined in ORS 131.005, an appropriate municipal court administration fee for the corresponding court action shall be collected and credited to the city general fund, for the benefit of municipal court administration. Administration fees are in addition to, and not in lieu of, any other assessments, fees, charges, fines, defaults, or forfeitures. The fees shall be established by resolution of the city council and may be revised by resolution of the council at any time.
(2) If the municipal court determines that the person issued the citation did not commit the offense or the charge is dismissed for whatever reason, no fee shall be imposed. No fee shall be imposed if no fine or other assessment is imposed for the offense due to a finding that the defendant is indigent. The fee does not apply to citations for violation of parking limitations established by city ordinance, resolution or order. After imposition of the fee for one criminal action, the St. Helens municipal court judge may waive the fee prescribed for subsequent criminal actions disposed of on the same day as the first action. Notwithstanding the above, multiple violations on the same citation resolved on the same day shall have only one fee imposed.
(3) The amount of the fee shall be added to any bail amount for those who do not contest the citation and shall be included as part of the judgment for all those who contest the citation and are determined to have committed the offense. When any deposition of bail is made for an offense to which this section applies, the person making such deposit shall also deposit a sufficient amount to include the fee prescribed pursuant to this chapter. Notwithstanding the above, the court may, by court order, waive any administrative fee or fees for violations paid in full before the court date specified on the citation/complaint
(4) If bail is forfeited or applied, the fee prescribed pursuant to this section shall be deducted. If bail is returned, the fee paid shall also be returned, less normal administrative charges, per state statute.
(5) Proceeds from payment of the fee shall be used for municipal court administration and training. (Ord. 2880 § 3, 2003)
3.32.030 No limitation on court authority.
Nothing in this chapter is intended to detract from or impact the inherent power of the court or the authority of the court pursuant to general law to establish fees and charges in addition to the fees specified herein and in resolutions adopted by the council. The municipal court judge has the authority to establish fees and charges by court order and the council may from time to time ratify those charges as part of a comprehensive fee resolution. (Ord. 2880 § 4, 2003)
3.32.040 No taxation under Oregon Constitution.
The city council determines that the municipal court administration fee imposed by this chapter is not a tax subject to the property tax limitations of Article XI, Section 11(b) of the Oregon Constitution. (Ord. 2880 § 5, 2003)