2.16.110 Payment of fines—Default.
A. When a defendant sentenced to pay a fine, costs or restitution defaults in the payment thereof or of any installment, the court on the motion of the corporation counsel or upon its own motion, may require the defendant to show cause why his or her default should not be treated as contempt of court, and may issue a show cause citation or a warrant of arrest directing the defendant's appearance.
B. Unless the defendant shows that the default was not attributable to an intentional refusal to obey the order of the court or a failure on the defendant's part to make a good-faith effort to make the payment, the Court may find that the defendant's default constitutes contempt and may order the defendant committed until the fine, costs and restitution, or a specified part thereof, is paid.
C. When a fine, assessment of costs, or order to pay restitution is imposed upon a corporation or unincorporated association, it is the duty of the person authorized to make disbursement from the assets of the corporation or association to pay the fine, costs, or restitution from those assets, and his or her failure to do so may be held to be contempt unless the showing required in subsection (B) of this section is made.
D. The term of imprisonment for contempt for nonpayment of a fine, costs or restitution shall be set forth in the commitment order and shall not exceed one day for each fifty dollars ($50.00) of the fine or costs, or thirty (30) days, whichever is the shorter period. A person committed for nonpayment of a fine, costs, or restitution shall be given credit toward the payment for each day of imprisonment at the rate specified in the commitment order.
E. If it appears to the satisfaction of the court that the default in the payment of a fine, costs or restitution is not contempt, the court may enter a order allowing the defendant additional time for payment, reducing the amount thereof or of each installment or revoking the fine or costs or the unpaid portion thereof in whole or in part.
F. A default in the payment of a fine, costs or restitution, or any installment thereof may be collected by any means authorized by law for the enforcement of a judgment. The levy of execution for the collection of fines, costs, or restitution shall not discharge a defendant committed to imprisonment for contempt until the amount of the fine or costs has actually been collected.
Prior to the adoption of 6381 on 08/10/2005, Section 2.16.110 read as follows.
A. When a defendant sentenced to pay a fine, costs or restitution defaults in the payment thereof or of any installment, the court on the motion of the corporation counsel or upon its own motion, may require the defendant to show cause why his or her default should not be treated as contempt of court, and may issue a show cause citation or a warrant of arrest directing the defendant's appearance.
B. Unless the defendant shows that the default was not attributable to an intentional refusal to obey the order of the court or a failure on the defendant's part to make a good-faith effort to make the payment, the Court may find that the defendant's default constitutes contempt and may order the defendant committed until the fine, costs and restitution, or a specified part thereof, is paid.
C. When a fine, assessment of costs, or order to pay restitution is imposed upon a corporation or unincorporated association, it is the duty of the person authorized to make disbursement from the assets of the corporation or association to pay the fine, costs, or restitution from those assets, and his or her failure to do so may be held to be contempt unless the showing required in subsection (B) of this section is made.
D. The term of imprisonment for contempt for nonpayment of a fine, costs or restitution shall be set forth in the commitment order and shall not exceed one day for each twenty-five dollars ($25.00) of the fine or costs, or thirty (30) days, whichever is the shorter period. A person committed for nonpayment of a fine, costs, or restitution shall be given credit toward the payment for each day of imprisonment at the rate specified in the commitment order.
E. If it appears to the satisfaction of the court that the default in the payment of a fine, costs or restitution is not contempt, the court may enter a order allowing the defendant additional time for payment, reducing the amount thereof or of each installment or revoking the fine or costs or the unpaid portion thereof in whole or in part.
F. A default in the payment of a fine, costs or restitution, or any installment thereof may be collected by any means authorized by law for the enforcement of a judgment. The levy of execution for the collection of fines, costs, or restitution shall not discharge a defendant committed to imprisonment for contempt until the amount of the fine or costs has actually been collected. (Prior code § 1.12.090)