Chapter 3.28
INSTALLMENT PAYMENT FEE
Sections:
3.28.040 Court power not limited.
3.28.010 Short title.
This chapter shall be known as the “installment payment fee ordinance.” (Ord. 2871 § 2, 2002)
3.28.020 Fee established.
(1) Except as provided below, whenever the St. Helens municipal court imposes a fine, assessment, default or other such judgment including any monetary obligation as a result of a violation of a city ordinance provision, including Oregon Statutes adopted by reference, concerning a criminal action as defined in ORS 131.005 and the court gives the debtor a period of time to pay after the financial obligation is imposed, an installment payment fee in addition to such fine, default, or other such judgment including any monetary obligation shall be collected and credited to the city general fund. The fee schedule shall be established by resolution of the city council and may be revised by resolution.
(2) If the municipal court determines that the person issued the citation did not commit the offense or has established an affirmative defense, or the charge is dismissed for whatever reason, or the person pays the amount owed within five business days, no fee shall be imposed. No fee shall be imposed if no fine, other assessment, or other monetary obligation is imposed for the offense. The fee does not apply to citations for violation of parking limitations established by city ordinance, resolution or order.
(3) After imposition of the fee for one judgment including a monetary obligation as described herein, the St. Helens municipal court judge may waive the fee prescribed for subsequent judgments including a monetary obligation imposed on the same day as the first offense. Notwithstanding the above, multiple violations on the same citation resolved on the same day shall have only one fee imposed if an installment payment plan is established.
(4) For judgments entered after July 1, 2007, upon which post-judgment interest as authorized by ORS 137.183 is imposed, the fee prescribed in this chapter shall be waived.
(5) For all other judgments, the fee prescribed in this chapter shall be imposed upon an admission of an allegation or determination of guilt on a probation violation, when a suspended monetary obligation is imposed or when the allegation is for failure to pay and a new pay agreement is permitted by the court.
(6) If bail is forfeited or applied, the fee prescribed in this chapter shall be deducted only if there is a balance remaining to be paid on an installment basis.
(7) Proceeds from payment of the fee shall be credited to the city general fund. (Ord. 3186 § 3, 2015; Ord. 2891 § 1, 2003; Ord. 2871 § 3, 2002)
3.28.030 Fee not a tax.
The city council determines that the installment payment fee imposed by this chapter is not a tax subject to the property tax limitations of Article XI, Section 11(b) of the Oregon Constitution. (Ord. 2871 § 4, 2002)
3.28.040 Court power not limited.
Nothing in this chapter shall be interpreted to limit or restrict the power of the municipal court to impose a collection fee as per ORS 137.118. (Ord. 2871 § 5, 2002)