Chapter 2.70
POLICE COURT JUDGMENTS
Sections:
2.70.020 Costs—Prosecution expenses.
2.70.040 Default in payment—Contempt.
2.70.010 Judgment.
In all cases of conviction, unless otherwise provided by ordinance or statute, the police judge shall enter judgment for the fine and costs against the defendant, and may commit the defendant to jail until the amount of such fine and costs owing is paid. (Ord. 954 § 2, 1975).
2.70.020 Costs—Prosecution expenses.
A. The Prosser municipal court may require a convicted defendant to pay costs in addition to the statutory costs which are mandated or permitted by state statute.
B. Costs shall be limited to expenses specially incurred by the city in prosecuting the defendant (including counsel fees of the city and counsel fees furnished by the city to the defendant). Costs shall not include expenditures in connection with the maintenance and operation of city government that must be paid by the public irrespective of specific violations of law.
C. The court shall not sentence a defendant to pay costs unless the defendant is or will be able to pay them. In determining the amount and method of payment of costs, the court shall take account of the financial resources of the defendant and the nature of the burden that payment of costs will impose.
D. A defendant who has been sentenced to pay costs and who is not in contumacious default in the payment thereof may at any time petition the court which sentenced him for remission of the payment of costs or of any unpaid portion thereof. If it appears to the satisfaction of the court that payment of the amount due will impose manifest hardship on the defendant or his immediate family, the court may remit all or part of the amount due in costs, or modify the method of payment under Section 2.70.030. (Ord. 1660 § 1, 1993; Ord. 954 § 3, 1975).
2.70.030 Payment of costs.
A. When a defendant is sentenced to pay a fine or costs, the court may grant permission for payment to be made within a specified period of time or in specified installments. If no such permission is included in the sentence the fine shall be payable forthwith.
B. When a defendant sentenced to pay a fine or costs is also placed on probation or imposition or execution of sentence is suspended, the court may make payment of the fine or costs a condition of probation or suspension of sentence. (Ord. 954 § 4, 1975).
2.70.040 Default in payment—Contempt.
A. When a defendant sentenced to pay a fine defaults in the payment thereof or of any installment, the court on motion of the city attorney or upon its own motion may require him to show cause why his default should not be treated as a contempt of court, and may issue a show cause citation or a warrant of arrest for his appearance.
B. Unless the defendant shows that his default was not attributable to an intentional refusal to obey the order of the court or to a failure on his part to make a good faith effort to make the payment, the court may find that his default constitutes contempt and may order him committed until the fine, or a specified part thereof, is paid.
C. The term of imprisonment for contempt for nonpayment of fines shall be set forth in the commitment order, and shall not exceed one day for each twenty-five dollars of the fine, or six months, whichever is the shorter period. A person committed for nonpayment of a fine shall be given credit toward payment of each day of imprisonment at the rate specified in the commitment order.
D. If it appears to the satisfaction of the court that the default in the payment of a fine is not contempt, the court may enter an order allowing the defendant additional time for payment, reducing the amount thereof or of each installment or revoking the fine or the unpaid portion thereof in whole or in part.
E. A default in the payment of a fine or costs or any installment thereof may be collected by any means authorized by law for the enforcement of a judgment. The levy of execution for the collection of a fine shall not discharge a defendant committed to imprisonment for contempt until the amount of the fine has been actually collected. (Ord. 954 § 5, 1975).