AN ORDINANCE REPEALING ORDINANCE NO. 10-01- 2009B, AND LEVYING A FINE OF FIVE DOLLARS ON EACH CHARGE, COUNT, VIOLATION OR OFFENSE TO WHICH A DEFENDANT PLEADS GUILTY OR NOLO CONTENDERE TO, IS FOUND GUILTY OF, OR FORFEITS BOND FOR, INCLUDING EACH MISDEMEANOR, VIOLATION OR TRAFFIC OFFENSE IN THE ELKINS DISTRICT COURT ON THE CITY DOCKET
WHEREAS, ACA § 16-17-129 provides that the governing body of each city of the second class may levy and collect an additional fine not to exceed $20.00 from each defendant who pleads guilty or nolo contendere to, is found guilty of, or forfeits bond for any misdemeanor or traffic violation in the District Court of that City;
WHEREAS, ACA § 16-17-129 further provides that the additional fine shall apply to each charge, count, violation or offense that a defendant pleads guilty or nolo contendere to, is found guilty of, or forfeits bond for including each misdemeanor or traffic violation.
WHEREAS, the City periodically receives statements from Washington County for the incarceration of City prisoners.
BE IT THEREFORE ORDAINED BY THE CITY COUNCIL OF ELKINS, ARKANSAS, That:
Section 1: That there is hereby levied an additional fine of$5.00 for each charge, count, violation or offense to which a defendant pleads guilty or nolo contendere to, is found guilty of or forfeits bond for, including each misdemeanor, violation or traffic offense in the Elkins District Court, city docket case.
Section 2: The Clerk of the Elkins District Court, from and after the 1st day of May, 2011, shall collect from each defendant who pleads guilty or nolo contendere to, is found guilty of, or forfeits bond for, including each misdemeanor, violation or traffic offense occurring after such date, the additional fine hereby levied on each city docket case.
Section 3: That all funds collected by the Elkins District Court Clerk as herein provided shall be accounted for separately, paid to the city treasury and deposited into a fund to be used solely for the purposes and uses set forth in ACA § 16-17-129 (as amended from time to time) and for no other purposes; payment shall be made periodically as determined by the Clerk.
Section 4: Ordinance No. 10-01-2009 B is hereby repealed.
PASSED AND APPROVED this 17th day of march 2011
- Ordinance 03032011F (6 Downloads)