HomeMy WebLinkAboutOrd.2297.12-15-1997 r ; '' -
BILL NO. 97-280 ORDINANCE NO. :��� �1 �1
AN ORDINANCE AMENDING CHAPTER 26 OF THE CITY
CODE RELATING TO REIMBURSEMENT OF COSTS OF
ARREST
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, AS FOLLOWS:
ARTICLE 1 . Chapter 26 of the Code of Ordinances of the City
of Cape Girardeau, Missouri, is hereby amended by the enactment of
a new Section 26-356 entitled "Reimbursement of Costs of Arrest,
When--Limitations", in words and figures, to read as follows:
Sec. 26-356. Reimbursement of Costs of Arrest,
Ahen--Limitations.
A. Upon a plea of guilty or a finding of guilty or a
conviction for an offense of violating the
provisions of Section 26-349 or Section 26-350 of
the Cape Girardeau City Code or violations of any
municipal ordinances involving alcohol or drug
related traffic offenses, the court may, in
addition to imposition of any penalties provided by
law, order the convicted person to reimburse the
City of Cape Girardeau for the costs associated
with such arrest.
B. Such costs shall include the reasonable cost of
making the arrest, including the cost of any
chemical test performed pursuant to City ordinance
to determine the alcohol or drug content of such
person's blood, and the cost of processing,
charging, booking and holding such person in
custody.
C. The Cape Girardeau City Police Department may
establish a schedule of such costs for submission
to the Court; however, the Court may order the
costs reduced if it determines that the costs are
excessive given the circumstances of the case or
for good cause shown.
D. These additional costs shall be imposed as
additional court costs by the Municipal Court and
shall be collected by the Court in the same manner
as other court costs are collected and remitted to
the City of Cape Girardeau.
Secs. 26-357--26-370. Reserved.
ARTICLE 2. If any section, subsection, sentence, clause,
phrase or portion of this ordinance is for any reason held invalid
or unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the
remaining portions hereof.
ARTICLE 3. It is the intention of the governing body and it
is hereby ordained that the provisions of this ordinance shall
become and be made a part of the Code of Ordinances of the City of
Cape Girardeau, Missouri, and the sections of this Code may be
renumbered to accomplish such intention.
ARTICLE 4. This ordinance shall be in full force and effect
ten days after its passage and approval.
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PASSED AND APPROVED THIS i�.,�v�'G{. DAY OF r._'l T G./Y1t_�4'�1��� , 19 '�.
A. . Sp adling, III ayor
ATTEST:
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i 1, ,iJ� �' .';
Gayle' . Conrad
Deputy City Clerk