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HomeMy WebLinkAbout3041 Municipal Court Fees and Charges ORDINANCE NO. 301 I AN ORDINANCE ESTABLISHING FEES AND CHARGES FOR MUNICIPAL COURT ADMINISTRATION Annotated to show lIeletions and additions to the code sections being modified. Deletions are bold" ~ L'_ -. and additions are bold underlined. WHEREAS, Article 2. Section 1 of the Ashland City Charter provides: Powers of the Citv The City shall have all powers which the constitutions, statutes, and common law of the United States and of this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession. WHEREAS, the above referenced grant of power has been interpreted as affording all legislative powers home rule constitutional provisions reserved to Oregon Cities. Citv of Beaverton v. International Ass'n of Firefighters. Local 1660. Beaverton Shop. 20 Or. App. 293, 531 P 2d 730, 734 (1975); and WHEREAS, Article 9, Section 1 of the City Charter also expressly provides for the recovery of the "costs of prosecution;" and WHEREAS, Article 15, Section 1 of the City Charter authorizes the City Council to adopt ordinances governing the operations and conduct of the Municipal Court; and WHEREAS, the City of Ashland Municipal Court incurs administrative costs in processing various criminal actions as defined in ORS 131.005, including both violations and misdemeanor offenses; and WHEREAS, individuals that engage in criminal acts should be required to pay at least a portion of the administrative costs incurred; and WHEREAS, in accordance with ORS 294.160( I), on December 7, 2010, the City Council of the City of Ashland provided an opportunity for public comment on this proposed ordinance and on the proposed resolution for Municipal Court Administration Fees. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Recitals. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. Short Title. This ordinance shall be known as the "Municipal Court Administration Fees and Charges." Page 1 of 4 SECTION 3. New Chapter. A new chapter, consisting of Sections 4.35.010 [Establishment and Imposition of Fees and Charges] through 4.35.070 [Not Applicable to Parking], is hereby added to read as follows: 4.35 Municipal Court Administration Fees and Chare:es 4.35.010 Establishment and Imposition of Fees and Chare:es. The Ashland City Council is herebv authorized to establish bv resolution fees and chan!es to be imposed in criminal actions in the Ashland Municipal Court. Consistent with ORS 131.005. "criminal action" for purposes ofthis ordinance includes anv non-criminal violation as well as anv criminal misdemeanor offense within the iurisdiction of the Court. The Ashland Municipal Court and Violations Bureau shall impose the applicable Municipal Court administration fee(s) or chare:e(s) as set forth in the resolution for each criminal action. 4.35.020 Imposition of Specific Fees and Chare:es. A. Uncontested non-criminal violations/ mail. The fees for Court Costs shall be incorporated into a bail scbedule published bv the City Administrator or desil!nee in accordance with City Code. The Court Costs shall be incorporated into the base fine amount in the bail scbedule. resultine: in a hie:her base fine for violation citations issued bv the City Police and Code Compliance Officers. B. Trials. The Court or Violations Bureau in a criminal action shall impose the fees for Trial or Default Judl!ments. if applicable. only when it defendant is found e:uilty after a trial. Co Other Fees and Cbare:es: The Court shall impose all applicable feels) and chare:e(s) as set forth in the resolution. unless a waiver or reduction is e:ranted in accordance with AMC 4.35.030 or applicable law. All applicable fees shall be reflected on anv iude:ment or ae:reement. D. The Court shall not impose fees or chare:es when the chare:e is dismissed by motion of tbe City Attornev. for whatever reason. includine: a plea bare:ain. For purposes of this section. fees and charl!es shall not include restitution to the victim for an offense dismissed bv plea bare:ain. Routine motions to dismiss successfullv completed diversions. deferred sentences. compromises. mediations. and like actions shall not cause such actions to be . exempt from fees and chare:es under this section. 4.35.030 Waiver or Reduction of Fees and Chare:es by the Municipal Court. The Ashland Municipal Court or Violations Bureau mav defer. waive. suspend. or otherwise reduce the fees and chare:es set forth in the resolution as allowed bv Oree:on law or this section. Page 2 of 4 A. The fees for Failure to Appear for Bench Trial. Discovery. Failure to Appear for JUry Trial. Mediation of Violation. and Warrants mav be waived or reduced in whole or in part when the Municipal Court makes a written finding that the defendant's indie:ence and the totality of the circumstances warrant a fee waiver. Interest on Jude:ments and Court Appointed Attornev fees mav on Iv be imposed. waived or reduced in accordance with e:eneral state law. Attornev fees shall not be waived bv the Court for civil compromises and City Attornev diversion/deferred sentences when repavment of such fees was ae:reed to as part of a nel!otiated plea bare:ain or compromise. B. After imposition of all applicable fees and chare:es for one criminal action. the Ashland Municipal Court mav waive or reduce Court Costs. Show Cause. Installment; and Warrant fees prescribed for other criminal actions disposed of on the same dav. This' authorized local waiver or reduction does not automaticallv waive or reduce state and county assessments. The subseQuent actions where fees are waived or reduced shall be of eQual or lesser severity to the initial orie:inal criminal action (in terms of classification) where all fees and chare:es are assessed. C. The Ashland Municipal Court shall waive fees and chare:es prescribed for Failure to Appear at Bench Trial. or Show Cause Hearine: and. Failure to Appear at JUry Trial. inclusive of fees and chare:es associated with anv default taken under ORS 153.102. if the Court makes a written fin dine: hased on evidence in the record that the failure to appear was due to circumstances beyond the control of the defendant and otherwise throul!h no fault of the defendant. 4.35.040 Deductions from Posted Bail or Security/ Return A. Application. In the event posted bailor financial security is forfeited for anv reason. jncludine: but not limited to. violation of a security release ae:reement. or applied to dischare:e monetary oblie:ations imposed in a iudl!ment. the applicable fees and chare:es prescribed in the resolution shall be deducted from posted bail or financial security. unless properlv waived or reduced pursuant to AMC 4.35.030. B. Return cbare:es. If all monetary and other oblie:ations are dischare:ed and posted financial security is returned. the Court shall retain administrative chare:es. of fifteen (15%) percent ilfthe security. and not less than five dollars ($5.00). exclusive of interest per ORS 135.265. 4.35.050 Additional Monetary Oblil!ations All City fees and chare:es specified in this ordinance and implementine: resolution shall be monetarv oblie:ations in addition to. and not in lieu of. any other State or County assessments. Such local fees and chare:es. toe:etber with State and County assessments shall be added to. and shall not be deducted from. minimum fines specified bv state statute or local ordinance. 4.35.050 Inherent Power of Court to Impose Fees. Page 3 of 4 The Court has inherent power pursuant to !!eneral law to impose additional fees and chare:es established bv City ordinance or state law in addition to the fees and char!!es specified herein. 4.35.060 No Taxation. The City Council determines that the Municipal Court Administration Fees and Chare:es authorized bv this chapter and imposed bv resolution of the City Council are not taxes subiect to the property tax limitations ofthe Ore!!on Constitution. 4.35.070 Not applicable to Parkin!!. The fees and char!!es authorized bv this cbapter and the resolution do not applv to citations for violation of parkine: limitations established bv city ordinance. resolution or order. SECTION 4. Severability. If any section, provision, clause, sentence, or paragraph of this Ordinance or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other sections, provisions, clauses or paragraphs of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. SECTION 5. Codification. Provisions of this Ordinance shall be incorporated in the Ashland Municipal Code and the word "ordinance" may be changed to "code", "article", "section", "chapter' or another word, and the sections of this Ordinance may be renumbered, or re-lettered, and typographical errors and cross references may be corrected by the City Recorder, provided however that Section I, and Sections 4 and 5, unincorporated Whereas clauses and boilerplate provisions and Exhibits (i.e. attached Resolution, etc.) need not be codified. The foregoing ordinance was first read by title only in acc of the City Charter on the 7 day of and y PASSED and ADOPTED this ..21 day of dance with Article X, Section 2(C) ,20]0, J.: ,2010. Barbara Christensen, City Recorder SIGNED and APPROVED this ~ dayof ~~k ,2010. Reviewed as to form: Megan Tho ton, Interim City Attorney Page 4 of 4