§ 7251. Municipalities; payment to and liability of
(a) Fines, forfeitures, and penalties, imposed by the District or Superior court or by
the Judicial Bureau for violation of a village, town, or city ordinance shall be paid
to the village, town, or city, respectively, except for a $12.50 administrative charge
for each case which shall be retained by the State.
(b) Fines, forfeitures, and penalties imposed by the Judicial Bureau for all speeding
traffic violations under 23 V.S.A. chapter 13, subchapter 8 entitled “speed restrictions” on State highways and for height and
width violations under 23 V.S.A. § 1431 and length violations under 23 V.S.A. § 1432 on town highways resulting from the enforcement by towns within the jurisdiction
of the town shall be paid to the town by the formula set forth in subsection (c) of
this section except for the administrative charge according to the provisions of subsection
(a) of this section which shall be retained by the State. The enforcement by towns
shall be by a town law enforcement officer or a law enforcement officer by contract
with the town. Such law enforcement officer shall be certified according to the provisions
of 20 V.S.A. § 2358. Nothing in this section shall be construed to limit the jurisdiction of a certified
law enforcement officer. The revenue that is collected by the State pursuant to enforcement
of this section by a town shall be distributed annually during the first quarter of
the fiscal year immediately following the fiscal year in which the fines, forfeitures,
and penalties are collected.
(c) The allocation of revenue to the towns under the formula shall be updated annually
by the State Court Administrator and shall provide that the revenue be distributed
to those towns whose law enforcement efforts on State highways and town highways as
specifically set forth in subsection (b) of this section have resulted in the imposition
of the fines, forfeitures, and penalties for all speeding traffic violations under
23 V.S.A. chapter 13, subchapter 8 entitled “speed restrictions” and for height and width violations under
23 V.S.A. § 1431 and length violations under 23 V.S.A. § 1432 provided that no town may receive more than five percent of the total revenue in
any given year. The formula used for distribution shall reflect the percentage of
a town’s law enforcement expenditures as it relates to the town’s total municipal
taxing effort. The town’s total municipal taxing effort shall be determined by subtracting
the town’s school taxes assessed from the total taxes assessed as provided each year
in the annual report of the division of property valuation and review by the Vermont
Department of Taxes. By July 31 of each year, the local legislative body of any town
that had law enforcement efforts resulting in the imposition of fines, forfeitures,
and penalties and that wishes to participate shall submit to the Court Administrator
the total amount of the funds spent for law enforcement in the most recently completed
town fiscal year.
(d) Fines, forfeitures, and penalties imposed by the Judicial Bureau for violations of
subdivisions 352(3), (4), and (9) of this title, relating to animal cruelty that result
from the enforcement by villages, towns, and cities within their jurisdiction shall
be paid to the respective village, town, or city, except for a $12.50 administrative
charge for each violation that shall be retained by the State. The enforcement by
villages, towns, and cities shall be by a local law enforcement officer or a law enforcement
officer by contract with the village, town, or city. Such law enforcement officer
shall be certified according to the provisions of 20 V.S.A. § 2358. (Amended 1973, No. 249 (Adj. Sess.), § 58, eff. April 9, 1974; 1975, No. 227 (Adj. Sess.), § 4; 1989, No. 109, § 7; 1993, No. 237 (Adj. Sess.), § 7, eff. Nov. 1, 1994; 1995, No. 77 (Adj. Sess.), § 6, eff. March 21, 1996; 1995, No. 133 (Adj. Sess.), § 1; 1997, No. 46, §§ 8, 9; 1997, No. 121 (Adj. Sess.), § 30; 2001, No. 149 (Adj. Sess.), § 74, eff. June 27, 2002; 2007, No. 51, § 21.)