4. Ordinance 1526 - Amending Muncipal Criminal Court Surchrages - 2nd ReadingKalispell
Judge Heidi Ulbricht
Post Office Box 1997 - Kalispell, Montana 59903-1997 - Telephone (406)758-7705 Fax (406)758-7758
TO: Mayor and City Council
FROM: Judge Heidi Ulbricht
SUBJECT: Ordinance No. 1526
MEETING DATE: March 7, 2005
Background: On January 18, 2005, Kalispell Municipal court requested an
amendment to Ordinance No. 1240 to include a $5,00 surcharge to fund court
Security and Technology. In addition, the Court requested a $5.00 fee be
assessed in the event of an appeal to cover the cost of duplicating the court
record. The City Council unanimously agreed to assessing the surcharge and
allowing for the appeal cost.
RECOMMENDATION: Amend Ordinance 1240 to include a Municipal Court
Technology and Security Fund.
Heidi Ulbricht_-
Municipal Court Judge
ORDINANCE NO. 1.526
AN ORDINANCE AMENDING ORDINANCE NO. 1240 BY AMENDING CERTAIN
MUNICIPAL COURT FEES FOR CRIMINAL ACTIONS AND ESTABLISHING A
SURCHARGE TO FUND COURT SECURITY AND TECHNOLOGY, DECLARING AN
EFFECTIVE DATE AND AUTHORIZING THE CITY ATTORNEY TO CODIFY THE
SAME.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS:
SECTION I. That there is hereby establisher) the following fees and charges to be levied
by the Municipal Court in the disposition of all criminal and traffic citations
and complaints:
1) Fees:
A) The Court fee for posting bond for any case pending in the Municipal Court
of the City shall be five dollars ($5.00), in addition to the regular bond. This five
dollar ($5.00) Court fee shall be paid at the time of posting of bond. If, at a later date,
the Municipal Judge or a jury finds the defendant not guilty, the five dollar ($5.00)
Court fee will be returned to the defendant. if the defendant forfeits the posted bond,
the five dollar ($5.00) Court fee shall also be forfeited.
B) A twenty dollar ($20.00) Court fee, in addition to the regular fine, shall be
assessed against any person who appears in the Municipal Court, and is convicted of
the charges brought against him or her. This twenty dollar ($20.00) Court fee shall
not be assessed until a conviction has been reached by either the Judge or jury. This
twenty dollar ($20.00) Court fee is to be paid along with the regular fine, and is to
cover the Court costs incurred in the action. If a defendant has previously posted a
Court fee for posting bond, the defendant shall pay the difference between the
amount of the bond fee and the twenty dollar ($20.00) Court fees upon receiving a
guilty verdict.
C) If a not -guilty verdict is returned by either the Judge or the jury, there shall be
no Court fee assessed against the defendant.
D) The Municipal Judge shall have no discretion in levying the Court fee, and all
defendants who are found guilty either by plea, the Judge, or a jury shall be
responsible for said Court fee.
E) No Court fee shall be assessed against the defendant in any case involving a
parking violation.
2) Administrative Fees:
Included in each fine is a $5.00 Court Security and Technology Surcharge. There
shall be levied and assessed upon any contract allowing the payment of fines, costs,
and charges to Municipal Court on an installment basis an administrative fee of
$10.00 for each contract. There shall be a $5.00 fee for duplicating the court record
for all appeals.
3) Interest:
Municipal Court shall assess interest on all contracts in Court at the maximum
amount allowed by law on judgments.
SECTION II. That this Ordinance shall take effect from and after thirty days of its passage
by the City Council.
SECTION III. That the City Attorney is hereby authorized and directed to recodify this
Ordinance.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS 7TH DAY OF MARCH, 2005.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk