Title 1 GENERAL PROVISIONS
Chapter 1.24 GENERAL PENALTY*
1.24.010 Payment of fines.
A. Any person sentenced to pay a fine, either in addition to
or without a term of imprisonment, may, in the discretion of the municipal
judge, be given leave to pay such fine in installments of such amounts at such
times and upon such conditions as the municipal judge may fix. If no such
permission is embodied in the sentence, the total fine shall be payable
forthwith.
B. The municipal judge may at any time revive, modify, reduce
or enlarge the amount of such installment or the time and conditions fixed for
payment of the same.
C. When a defendant sentenced to pay a fine in installments
defaults in the payment thereof the municipal judge, upon motion of the city
attorney or upon the court’s own motion, may require the defendant to show
cause why his default should not be treated as contumacious and may issue a
summons or a warrant of arrest for his appearance. Unless the defendant shows
that his default was not attributable to a wilful refusal to obey the order of
the court, or to a failure on his part to make a good faith effort to obtain the
funds required for the payment, the court shall find that his default was
contumacious and may order him committed until the fine or a specified part
thereof is paid. The term of imprisonment for such contumacious nonpayment shall
be specified in the order of commitment, and shall not exceed ninety days. If it
appears that the defendant’s default in a payment of a fine is not
contumacious, the municipal judge may make an order allowing the defendant
additional time for payment, reducing the amount thereof or of each installment,
or revoking or suspending the fine or the unpaid portion thereof in whole or in
part. (Prior code § 2-15.1).
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