55-10-315 - Traffic violation conviction fee.

55-10-315. Traffic violation conviction fee.

(a)  Any municipality with a population of not less than one hundred sixty thousand (160,000) nor more than one hundred seventy thousand (170,000), according to the 1990 federal census or any subsequent federal census, by ordinance may levy a fee of up to seventy-five cents (75¢), to be collected on all convictions for traffic violations when the traffic citation was issued or the arrest was effected by a law enforcement officer of the municipality. “Traffic violation” for purposes of this section means a violation of any provision of chapter 8 or 9 of this title or parts 1-5 of this chapter, or a violation of a municipal ordinance regulating traffic, or both state law and local ordinance violations. Municipal ordinances regulating traffic include those that regulate parking.

(b)  When the ordinance levying the fee applies to state traffic law violations, the municipal recorder, clerk, or other record keeping official shall forward a certified copy of the ordinance to the court handling traffic violations for the area in which the municipality is located. The court shall then collect the fee in accordance with the terms of the ordinance and remit revenues from the fee to the municipality monthly.

(c)  Revenues from the fee shall be used by the municipality for traffic safety, traffic education and drug education programs.

(d)  In addition to the fee authorized in subsection (a), those municipalities designated in subsection (a) may also by ordinance levy a fee of up to two dollars ($2.00) on each conviction for a traffic violation when the traffic citation is issued or the arrest is effected by a law enforcement officer of the municipality. Except for subsection (c), all pertinent provisions of this section applicable to the fee authorized in subsection (a) shall also apply to the fee authorized by this subsection (d). Revenues from the fee authorized in this subsection (d) shall be used to purchase or maintain, or both, an automated information system to support enforcement of traffic safety laws.

[Acts 1992, ch. 685, § 1; 1993, ch. 52, § 1.]