[CC §3.10; Ord. No. 23, 10-7-1974]
There shall be a Municipal Court which shall have jurisdiction
to hear and determine all cases involving violations of the ordinances
of the City subject to appeal by either party to the Circuit Court
of St. Louis County as provided by law. The Municipal Court may punish
for contempt of court in the same manner and to the same extent as
is authorized by law for courts of record; may issue warrants of arrest
as authorized by law; may summon and compel the attendance of witnesses;
may administer oaths; may pass upon the competency of evidence; may
render final judgment on any forfeited bond or recognizance returnable
to such court, subject to appeal as provided by law and may assess
court costs against either party.
[CC §3.11; Ord. No. 23, 10-7-1974]
The Municipal Court shall be presided over by a Judge, who shall
be a duly licensed practicing attorney in the State of Missouri, on
appointment by the City Manager. In case of his absence from the City,
or his inability to serve, the City Manager shall designate a duly
qualified attorney to take his place during his absence or disability
or disqualification. The Presiding Judge of the Circuit Court shall
designate a Judge to hear the cases until such time as the City Manager
appoints a replacement.
[Ord. No. 783 §1, 12-15-2003]
The City Manager shall appoint a duly qualified attorney as
a Provisional Judge to serve in the absence of the appointed Municipal
Judge.
[CC §3.12; Ord. No. 23, 10-7-1974]
All matters pertaining to procedures of Court and duties of
the Judge shall be governed by the Statutes of the State of Missouri,
Supreme Court Rules and applicable ordinances of the City.
[CC §3.13; Ord. No. 23, 10-7-1974]
The Missouri Rules of Practice and Procedure in Municipal and
Traffic Courts, promulgated by the Supreme Court of Missouri on July
1, 1959, as amended and as may hereafter be changed or amended are
hereby adopted as the rules of practice and procedure for the Municipal
Court of the City of St. John.
[CC §3.14; Ord. No. 23, 10-7-1974]
The Municipal Court Clerk is hereby granted authority to issue
and sign Warrants and Commitments and to acknowledge and accept complaints
and to acknowledge information and to impress the Court Seal thereon.
[CC §3.15; Ord. No. 23, 10-7-1974; Ord. No. 130, 9-5-1978; Ord. No.
442 §1, 8-17-1992; Ord. No. 487 §2, 4-18-1994; Ord. No. 488 §1, 5-16-1994; Ord. No. 509 §1, 3-6-1995; Ord.
No. 558 §1, 11-4-1996; Ord. No. 582 §§1 — 2, 10-20-1997; Ord. No. 654 §1, 12-20-1999; Ord. No. 715 §§1-2, 10-1-2001; Ord. No. 1069 §§1 — 2, 8-17-2015; Ord. No. 1071 §1, 10-19-2015]
A.
In all cases before the Municipal Judge for violations of the ordinances
of the City of St. John, St. Louis County, Missouri, where the defendant
shall be convicted or shall enter his or her plea of guilty to the
violation of said ordinances or ordinance, or where the ordinance
violation is dismissed on payment of court costs when authorized by
law, the Clerk of the St. John Municipal Court shall collect from
such defendant, in addition to the fine or other punishment that shall
be imposed, twelve dollars ($12.00) as and for costs for ordinance
violations pursuant to Section 488.012.3(6), RSMo.
B.
Police Training Fund. The Clerk of the St. John
Municipal Court shall assess as an additional Court cost, three dollars
($3.00) pursuant to Section 488.5336.1, RSMo., for each Court proceeding
filed for a violation of a municipal ordinance for the City of St.
John. No such fee shall be collected in any proceeding in such Court
when the proceeding or defendant has been dismissed by the Court or
when costs are to be paid by the municipality. If a defendant acting
pro se or an attorney acting on behalf of a defendant agrees with
the Prosecuting Attorney that such costs will be paid in conjunction
with a stipulated disposition, said disposition shall not constitute
a dismissal by the Court for application of the preceding sentence
of this Section when authorized by law.
1.
Two dollars ($2.00) of the three dollars ($3.00) shall be transmitted
monthly to the Training Fund of the City of St. John to be used locally
for training St. John Police Officers.
2.
One dollar ($1.00) of the three dollars ($3.00) shall be deposited
into the Peace Officers' Standards and Training Fund, in accordance
with Section 590.178, RSMo., to be used for the training of Law Enforcement
Officers.
C.
Crime Victims' Compensation. Pursuant to Section
488.5339.1, RSMo., the Clerk of the St. John Municipal Court shall
assess an additional Court cost of seven dollars fifty cents ($7.50)
for each Court proceeding filed for violation of the ordinances of
the City of St. John. The Court shall remit seven dollars thirteen
cents ($7.13) to the State Department of Revenue and thirty-seven
cents ($0.37) to the Crime Victims' Compensation Fund of the
City of St. John. No such fee shall be collected in any proceeding
in such Court when the proceeding or defendant has been dismissed
by the Court or when costs are to be paid by the municipality. If
a defendant acting pro se or an attorney acting on behalf of a defendant
agrees with the Prosecuting Attorney that such costs will be paid
in conjunction with a stipulated disposition, said disposition shall
not constitute a dismissal by the Court for application of the preceding
sentence of this Section when authorized by law.
D.
Alcohol- And Drug-Related Traffic Offenses. In addition
to any other penalties and costs provided by law or ordinance, the
Court may order any person convicted of an alcohol- or drug-related
traffic offense or amended alcohol- or drug-related traffic offense,
to reimburse the City for the costs associated with the arrest of
such person pursuant to Section 488.5334, RSMo. Such costs shall include
the reasonable cost of making the arrest, including the cost of any
chemical test made to determine the alcohol or drug content of the
person's blood, and the costs of processing, charging, booking
and holding such person in custody. A schedule of such costs shall
be established by the St. John Police Department and filed with the
Clerk of the Municipal Court, and the Court may impose costs in accordance
with the schedule; provided, the Court may order the costs reduced
in a case if the Court determines the costs are excessive.
E.
Shelters for Battered Persons. In addition to any
fine imposed and costs assessed pursuant to law, an additional cost
up to two dollars ($2.00) shall be assessed as costs for violation
of any Municipal ordinance as authorized by Section 488.607, RSMo.
The costs collected by the Court Clerk pursuant to this Section shall
be transmitted at least monthly to the St. Louis County Treasurer
for deposit in a fund for the provision of operating expenses for
shelters for battered persons. No such fee shall be collected in any
proceeding in such Court when the proceeding or defendant has been
dismissed by the Court or when costs are to be paid by the municipality.
If a defendant acting pro se or an attorney acting on behalf of a
defendant agrees with the Prosecuting Attorney that such costs will
be paid in conjunction with a stipulated disposition, said disposition
shall not constitute a dismissal by the Court for application of the
preceding sentence of this Section when authorized by law.
F.
Inmate Prisoner Detainee Security Fund.
1.
The Clerk of the St. John Municipal Court shall assess a surcharge
of two dollars ($2.00) pursuant to Section 488.5026.1, RSMo., for
each Court proceeding filed for a violation of a municipal ordinance
for the City of St. John. A surcharge of two dollars ($2.00) shall
be assessed as costs in a juvenile court proceeding in which a child
is found by the Court to come within the applicable provision of subdivision
(3) of subsection 1 of Section 211.031, RSMo. No such fee shall be
collected in any proceeding in such Court when the proceeding or defendant
has been dismissed by the Court or when costs are to be paid by the
municipality. If a defendant acting pro se or an attorney acting on
behalf of a defendant agrees with the Prosecuting Attorney that such
costs will be paid in conjunction with a stipulated disposition, said
disposition shall not constitute a dismissal by the Court for application
of the preceding sentence of this Section when authorized by law.
2.
In accordance with Section 488.5026.3, RSMo., the City shall
deposit funds generated by the surcharge into an Inmate Prisoner Detainee
Security Fund. Funds deposited shall be utilized to acquire and develop
biometric verification systems and information sharing to ensure that
inmates, prisoners or detainees in a holding cell facility or other
detention facility or area which hold persons detained only for a
shorter period of time after arrest or after being formally charged
can be properly identified upon booking and tracked within the local
law enforcement administration system, criminal justice administration
system or the local jail system. Upon the installation of the information
sharing or biometric verification system, funds in the Inmate Prisoner
Detained Security Fund may also be used for the maintenance, repair
and replacement of the information sharing or biometric verification
system and also to pay for any expenses related to detention, custody
and housing and other expenses for inmates, prisoners and detainees.
G.
Missouri Statewide Automation Fund. In addition to other costs authorized
in this section, there shall be assessed a State Court automation
surcharge of seven dollars ($7.00) in all cases in which Court costs
are assessed. Said surcharge shall be collected by the St. John Municipal
Court and transmitted monthly to the Missouri Director of Revenue
to the credit of the Missouri Statewide Automation Fund, as provided
in Section 488.012.3(5), RSMo., and Section 488.027.2, RSMo.
[Ord. No. 1157, 10-15-2018[1]
[1]
Editor's Note: Section 3 of this ordinance provided for
the redesignation of former Subsection (G) as Subsection (H).
H.
Future Authorized Court Costs. Should any State
Statute authorize municipal courts, including the City of St. John,
to recover Court Costs (fees, surcharges, and miscellaneous charges)
in addition to those presently provided by Statute, the City shall
be authorized to collect and recover any such Court Costs from and
after the effective date of the applicable State Statute.
[CC §3.16; Ord. No. 23, 10-7-1974; Ord. No. 659 §1, 2-7-2000]
A.
The
following additional fees and costs shall also be collected as costs
in those cases where the service for such fee is requested and given:
|
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Trial de novo
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per County schedule
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St. Louis County Court costs
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per County schedule
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B.
There
shall be required from all defendants who perfect an appeal to the
Circuit Court of the County of St. Louis the required fee as established
by the Circuit Court of the County of St. Louis.
[CC §3.16; Ord. No. 267, 7-7-1986]
The Municipal Judge shall have the power to enforce all rules,
order and judgments made by him and may fine or imprison for contempt
offered him while holding Court, or for contempt to process issued
by him in the same manner and to the same extent as the Circuit Court.
[CC §3.16; Ord. No. 1104 §§
1 – 2, 10-3-2016[1]]
A.
In accordance with Section 115.010 of the Municipal Code of the City of St. John, the Court may direct the issuance of a warrant for the arrest of:
1.
Any defendant who fails to appear and answer a traffic ticket
or a summons lawfully served upon him/her and against whom any information
has been filed by the Prosecuting Attorney, as set forth hereinafter;
2.
Any defendant who fails to appear, as directed by the court,
to pay fines and court costs that have been previously assessed against
defendant by the court, as set for hereinafter;
B.
If at any time a defendant does appear in Court in response to a traffic ticket or summons and the case is continued and he/she thereafter fails to appear, the Court may direct the issuance of a warrant requiring the defendant to appear, make bond and answer such charges. This Subsection shall not apply to minor traffic violations as defined in Section 479.350, RSMo., (2015), and the issuance of any warrant for said minor traffic violation shall be had pursuant to Subsection (C) hereafter.
C.
When a defendant fails to appear at an initial court date or a continuance
date on a municipal ordinance violation that is based on a minor traffic
violation as that term is defined in Section 479.350 RSMo., (2015),
the Court Clerk shall set the matter for a new court date and shall
send a summons or Show Cause Order to the defendant at the last known
address of the defendant apprising them of a new court date. If the
defendant fails to appear at the new court date, the Court Clerk shall
again set the matter for a new court date and shall send a second
summons or Show Cause Order to the defendant at the last known address
of the defendant apprising them of the new court date. Upon compliance
by the Court Clerk with all pre-requisites set forth in this Subsection,
the Court may issue a warrant for the defendant for the failure to
appear on the minor traffic violation.
D.
Bond Posting.
1.
When a defendant who has not posted a bond fails to pay for
a violation(s) that has or have been assessed by the Court as to fines
and court costs and such assessed violation(s) are for a minor traffic
violation as that term is defined in Section 479.350, RSMo., (2015),
the Court Clerk shall set the matter for a new court date and shall
send a Show Cause Order to the defendant at the last known address
of defendant advising them of the new court date. If the defendant
fails to appear at the new court date, the Court Clerk shall again
set the matter for a new court date and shall send a second Show Cause
Order to the defendant at the last known address of the defendant
apprising them of the new court date. Upon failure of defendant to
attend the new court date, and upon compliance by the Court Clerk
with all pre-requisites set forth in this Subsection, the Court may
issue a warrant for the defendant for the failure to appear on the
minor traffic violation(s).
2.
When a defendant who has posted a bond fails to pay for a violation(s)
that has or have been assessed by the Court as to fines and court
costs and such assessed violation(s) are for a minor traffic violation
as that term is defined in Section 479.350, RSMo., (2015), the Court
Clerk shall set the matter for a new court date and shall send a Show
Cause Order to the defendant at the last known address of defendant
advising them of the new court date. If the defendant fails to appear
at the new court date, the Court Clerk shall issue and send a Bond
Forfeiture Letter to defendant at the last known address of defendant
advising them to appear in court on the date set forth in the Bond
Forfeiture Letter or suffer forfeiture of his/her pending bond. Upon
failure of defendant to attend the court date set forth in the Bond
Forfeiture Letter, and upon compliance by the Court Clerk with all
pre-requisites set forth in this Subsection, the Court may forfeit
the bond of the defendant and may issue a warrant for the defendant
for the failure to appear on the minor traffic violation.
[1]
Editor’s Note: Ord. No. 1104 also changed the title
of this Section from “Obedience to Summons — Failure to
Appear” to “Issuance Of Warrant For Failure To Appear
And/Or For Failure To Pay Fines And Court Costs.”
[CC §3.16; Ord. No. 267, 7-7-1986]
A.
When
a defendant sentenced to pay a fine defaults in the payment of the
fine or in any installment, the Court upon motion of the Prosecuting
Attorney or upon its own motion may require him to show cause why
he should not be imprisoned for non-payment. The Court may issue a
warrant of arrest or a summons for his appearance.
B.
Following an order to show cause under Subsection (A), unless the defendant shows that his default was not attributable to an intentional refusal to obey the sentence of the Court, or not attributable to obtain the necessary funds for payment, the Court may order the defendant imprisoned for a term not to exceed thirty (30) days. The Court may provide in its order that payment or satisfaction of the fine at any time will entitle the offender to his release from such imprisonment or, after entering the order may at any time reduce the sentence for good cause shown, including payment or satisfaction of the fine.
C.
If it appears that the default in the payment of a fine is excusable under the standards set forth in Subsection (B), the Court may enter an order allowing the offender additional time for payment, reducing the amount of the fine or of each installment, or revoking the fine or the unpaid portion in whole or in part.
D.
When a fine is imposed on a corporation it is the duty of the person or persons authorized to make disbursement of the assets of the corporation and their superiors to pay the fine from the assets of the corporation. The failure of such persons to do so shall render them subject to imprisonment under Subsections (A) and (B).
E.
Upon
default in the payment of a fine or any installment thereof, the fine
may be collected by any means authorized for the enforcement of money
judgments.
