State Law Reference—Municipal courts, ch. 479, RSMo.
[R.O. 2005 §9-1; CC 1997 §9-1]
There is hereby established a Municipal Court to be known as
the "Ellisville Municipal Court, a Division of the 21st Judicial Circuit
Court of the State of Missouri". This Court is a continuation of the
Municipal Court of the City as previously established and is termed
herein "the Municipal Court".
[R.O. 2005 §9-2; CC 1997 §9-2]
The jurisdiction of the Municipal Court shall extend to all
cases involving alleged violations of the ordinances of the City.
[1]
State Law References—Jurisdiction, §479.020(1),
RSMo.; cities may elect where violations of municipal ordinances may
be heard, §479.040, RSMo.
[R.O. 2005 §9-3; CC 1997 §9-3]
The Municipal Court of the City shall be subject to the rules
of the Circuit Court of which it is a part and to the rules of the
State Supreme Court. The Municipal Court shall be subject to the general
administrative authority of the Presiding Judge of the Circuit Court
and the Judge and Court personnel of said Court shall obey his/her
directives.
[1]
State Law Reference—Similar provisions, §479.020(5),
RSMo.
[R.O. 2005 §9-4; CC 1997 §9-4]
A.
The
Ellisville Municipal Division of the St. Louis County Circuit Court
shall be composed of two (2) Divisions. All cases shall be assigned
to Division One. Upon the disqualification, temporary absence or illness
of the Judge of Division One, cases shall be transferred to Division
Two for further proceedings in accordance with law.
B.
The
Judges of the City's Municipal Court shall be known as the Municipal
Judges of the 21st Judicial Circuit Court of Missouri and they shall
be appointed to their positions by the Council for a term as specified
herein.
[1]
State Law Reference—Authority to provide for selection
of municipal judges, §479.020(1), RSMo.
[R.O. 2005 §9-5; CC 1997 §9-5]
A.
Generally. The Municipal Judge shall possess the following
qualifications before he/she shall take office:
1.
He/she shall be a licensed attorney, qualified to practice law within
the State of Missouri;
2.
He/she shall be a resident of the State of Missouri;
3.
He/she shall be between the ages of twenty-one (21) and seventy-five
(75) years;
4.
He/she shall not hold any other office within the City Government.
B.
Residency. The Municipal Judge need not reside within the
City.
C.
Other Employment. The Municipal Judge shall be considered
as holding a part-time position and as such may serve as Municipal
Judge for any other municipality or accept other employment within
the requirements set forth in the Code of Judicial Conduct, Missouri
Supreme Court Rule 2.
[1]
State Law Reference—Qualifications of municipal judges,
§479.020(2), (3), (4), (6), (7), RSMo.
[R.O. 2005 §9-6; CC 1997 §9-6]
The Municipal Judge shall hold his/her office for a period of
two (2) years and shall take office biannually from the first (1st)
day of May, 1979. If for any reason a Municipal Judge vacates his/her
office, his/her successor shall complete that term of office, even
if the same be for less than two (2) years.
[1]
State Law Reference—Authority to provide for tenure
of municipal judges, §479.020(1), RSMo.
[R.O. 2005 §9-7; CC 1997 §9-7]
A.
The
Municipal Judge shall vacate his/her office under the following circumstances:
1.
Upon removal from office by the State Commission on the Retirement,
Removal and Discipline of Judges as provided in Missouri Supreme Court
Rule 12; or
2.
Upon attaining his/her seventy-fifth (75th) birthday; or
3.
If he/she should lose his/her license to practice law within the
State of Missouri.
[R.O. 2005 §9-8; CC 1997 §9-8]
A.
The
Municipal Judge shall be and is hereby authorized to:
1.
Establish a Violations Bureau as provided for in the Missouri Rules
of Practice and Procedure in Municipal and Traffic Courts and Section
479.050, RSMo.;
2.
Administer oaths and enforce due obedience to all orders, rules and
judgments made by him/her and may fine and imprison for contempt committed
before him/her while holding court in the same manner and to the same
extent as a Circuit Judge;
3.
Commute the term of any sentence, stay execution of any fine or sentence,
suspend any fine or sentence and make such other orders as the Municipal
Judge deems necessary relative to any matter that may be pending in
the Municipal Court;
4.
Make and adopt such rules of practice and procedure as are necessary
to implement and carry out the provisions of this Chapter and to make
and adopt such rules of practice and procedure as are necessary to
hear and decide matters pending before the Municipal Court and to
implement and carry out the provisions of the Missouri Rules of Practice
and Procedure in Municipal and Traffic Courts. Any and all rules made
or adopted hereunder may be annulled or amended by an ordinance limited
to such purpose; provided that such ordinance does not violate or
conflict with the provisions of the Missouri Rules of Practice and
Procedure in Municipal and Traffic Courts or State Statutes.
5.
The Municipal Judge shall have such other powers, duties and privileges
as are or may be prescribed by the laws of this State, this Code or
other ordinances of the City.
[1]
State Law Reference—Duties and powers of municipal judge,
§479.070, RSMo.
[R.O. 2005 §9-9; CC 1997 §9-9]
A.
The
Municipal Judge shall cause to be prepared within the first (1st)
ten (10) days of every month a report indicating the following: A
list of all cases heard and tried before the Court during the preceding
month, giving in each case the name of the defendant, the fine imposed
if any, the amount of cost, the names of the defendants committed
and the cases for which there was an application for trial de novo,
respectively. The same shall be prepared under oath by the Municipal
Court Clerk or the Municipal Judge.
B.
The
Municipal Court shall, within the ten (10) days after the first (1st)
of the month, pay to the Director of Budget and Finance the full amount
of all fines collected during the preceding months, if they have not
previously been paid.
[R.O. 2005 §9-10; CC 1997 §9-10]
The Municipal Judge shall be a conservator of the peace. He/she
shall keep a docket in which he/she shall enter every case commenced
before him/her and the proceedings therein and he/she shall keep such
other records as may be required. Such docket and records shall be
records of the Circuit Court of St. Louis County. The Municipal Judge
shall deliver the docket and records of the Municipal Court and all
books and papers pertaining to his/her office to his/her successor
in office or to the Presiding Judge of the Circuit.
[1]
State Law Reference—Similar provisions, §479.070,
RSMo.
[Ord. No. 2788 §1, 8-16-2006]
A.
Warrant Defined—Who May Issue, Execute.
1.
An "administrative warrant" is a written order of
the Municipal Judge permitting the entry of City officials on or into
private property to enforce the City's housing, zoning, health and
safety regulations when government entry on or into such private property
is otherwise authorized by Missouri law. A warrant may issue only
in conformance with this Section and only for the enforcement of the
City's housing, zoning, health and safety regulations, specifically:
a.
To abate such physical conditions on private property constituting
a public nuisance or otherwise in violation of a specified regulation
as provided herein,
b.
To inspect private property to determine or prove the existence of
physical conditions in violation of such a specified regulation, and
c.
To seize, photograph, copy or record evidence of the violation of
such a specified regulation.
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A warrant may issue only as a last resort, when all other reasonable
avenues to gain access to the property have been exhausted.
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2.
The Municipal Judge, having original and exclusive jurisdiction to
determine violations against the ordinances of the municipality, may
issue an administrative warrant when:
a.
The property to be entered is located within the City, and
c.
The City establishes probable cause to determine that a public nuisance
or other violation of a specified regulation as provided herein may
exist, and
d.
The City demonstrates that all other reasonable avenues to gain access
to the property have been exhausted.
3.
Any such warrant shall be directed to the Chief of Police or any
other Police Officer of the City and shall be executed by the Chief
of Police or said Police Officer, in conjunction with the appropriate
Code Enforcement Officer or other appropriate official, within the
City limits and not elsewhere.
B.
Who May Apply For Warrant—Contents Of Application.
1.
Any Code Enforcement Officer, Police Officer or attorney of the City
may make application to the Municipal Judge for the issuance of an
administrative warrant.
2.
The application shall:
a.
Be in writing;
b.
State the time and date of the making of the application;
c.
Identify the property to be entered, inspected or seized in sufficient
detail and particularity that the officer executing the warrant can
readily ascertain it;
d.
State that the owner or occupant of the property:
(1)
Has been requested by the City to allow such action and has
refused to allow such action, or
(2)
Is not available, after reasonable investigation and effort,
to consent to such entry or inspection, and
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in such case the application shall include details of the City's
investigation and effort to request such consent;
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e.
State facts sufficient to show probable cause for the issuance of
a warrant to enter the private property, including the specification
of the housing, zoning, health or safety regulation sought to be enforced;
f.
State facts sufficient to demonstrate that the City has exhausted
all other reasonable avenues to gain access to the property;
g.
Be verified by the oath or affirmation of the applicant; and
h.
Be signed by the applicant and filed in the Municipal Court.
3.
The application may be supplemented by a written affidavit verified
by oath or affirmation. Such affidavit shall be considered in determining
whether there is probable cause for the issuance of a warrant and
in filling out any deficiencies in the description of the property
or place to be entered. Oral testimony shall not be considered. The
application may be submitted by facsimile or other electronic means.
C.
Hearing And Procedure—Contents Of Warrant—Execution And
Return.
1.
Hearing and procedure.
a.
The Municipal Judge shall determine whether probable cause exists
to enter the private property for the purposes noted herein and whether
all other requirements of this Section have been met.
b.
In determining probable cause the Municipal Judge shall determine
whether the action to be taken by the City is reasonable in light
of the facts stated. The Municipal Judge shall consider the goals
of the ordinance or Code Section sought to be enforced and such other
factors as may be appropriate, including, but not limited to, the
physical condition of the specified property, the age and nature of
the property, the condition of the area in which the property is located,
the known or suspected violation of any relevant City ordinance or
Code Section, the passage of time since the property's last inspection,
and the law, Statute or ordinance authorizing government entry onto
private property. The standard for issuing a warrant need not be limited
to actual knowledge of an existing violation of a City ordinance or
Code Section.
c.
If it appears from the application and any supporting affidavit that
there is probable cause to enter the private property for the enforcement
of the City's housing, zoning, health and safety regulations, and
that all other requirements of this Section have been met, a warrant
shall immediately be issued.
d.
The warrant shall issue in the form of an original and two (2) copies,
and the application, any supporting affidavit and one (1) copy of
the warrant as issued shall be retained in the records of the Municipal
Court.
2.
Contents of warrant. The warrant shall:
a.
Be in writing and in the name of the City;
b.
Be directed to any Police Officer in the City;
c.
State the time and date the warrant was issued;
d.
Identify the property to be entered in sufficient detail and particularity
that the officer executing the warrant can readily ascertain it;
e.
Command that the described property be entered for one (1) or more
specified enforcement purposes as provided herein, identify the regulation
sought to be enforced, and direct that any evidence of any suspected
property violations be seized, recorded or photographed, and a description
of such property be returned, within ten (10) days after filing of
the application, to the Clerk of the Municipal Court, to be dealt
with according to law;
f.
Be signed by the Judge, with his/her title of office indicated.
3.
Execution and return.
a.
A warrant issued under this Section shall be executed only by a City
Police Officer, provided however, that one (1) or more designated
City Officials may accompany the officer, and the warrant shall be
executed in the following manner:
(1)
The warrant may be issued by facsimile or other electronic means.
(2)
The warrant shall be executed by conducting the private property
entry as commanded and shall be executed as soon as practicable and
in a reasonable manner.
(3)
The officer shall give the owner or occupant of the property
entered a copy of the warrant.
(4)
Receipt of property taken.
(a)
If any property is seized incident to the search, the officer
shall give the person from whose possession it was taken, if the person
is present, an itemized receipt for the property taken. If no such
person is present, the officer shall leave the receipt at the site
of the search in a conspicuous place.
(b)
A copy of the itemized receipt of any property taken shall be
delivered to an attorney for the City within two (2) working days
of the execution of the warrant.
(c)
The disposition of property seized pursuant to a warrant under
this Section shall be in accordance with an applicable City ordinance
or Code Section, but in the absence of same, then with Section 542.301,
RSMo.
(5)
The officer may summon as many persons as he/she deems necessary
to assist him/her in executing the warrant.
(6)
An officer executing an invalid warrant, the invalidity of which
is not apparent on its face, may use such force as he/she would be
justified in using if the warrant were valid.
(7)
A warrant shall expire if it is not executed and the required
return made within ten (10) days after the date of the making of the
application.
4.
Return requirements.
a.
After execution of the warrant, the warrant, with a return thereon
signed by the officer executing the warrant, shall be delivered to
the Municipal Court.
b.
The return shall show the date and manner of execution and the name
of the possessor and of the owner, when not the same person, if known,
of the property entered.
c.
The return shall be accompanied by any photographs, copies or recordings
made and by any property seized, along with a copy of the itemized
receipt of such property required by this Section; provided however,
that seized property may be disposed of as provided herein, and in
such a case a description of the property seized shall accompany the
return.
d.
The Court Clerk, upon request, shall deliver a copy of the return
to the possessor and the owner, when not the same person, of the property
entered or seized.
D.
Warrant Invalid, When. A warrant shall be deemed invalid:
1.
If it was not issued by the Municipal Judge;
2.
If it was issued without a written application having been filed
and verified;
3.
If it was issued without sufficient probable cause in light of the goals of the ordinance to be enforced and such other factors as provided in Subsection (C)(1)(b) hereof;
4.
If it was not issued with respect to property in the City;
5.
If it does not describe the property or places to be entered, inspected
or seized with sufficient certainty;
6.
If it is not signed by the Judge who issued it;
7.
If it was not executed and the required return made within ten (10)
days after the date of the making of the application; or
8.
If it was not issued in compliance with this Section.
[R.O. 2005 §9-13; CC 1997 §9-13]
The Chief of Police or other Police Officer of the City may,
without a warrant, make arrest of any person who commits an offense
in his/her presence, but such officer shall, before the trial, file
a written complaint with the Judge hearing violations of municipal
ordinances.
[1]
State Law Reference—Similar provisions, §479.110,
RSMo.
[R.O. 2005 §9-14; CC 1997 §9-14]
Any person charged with a violation of a municipal ordinance
of the City shall be entitled to a trial by jury as in prosecutions
for misdemeanors before an Associate Circuit Judge. Whenever a defendant
accused of a violation of a municipal ordinance demands trial by jury,
the Municipal Court shall certify the case to the Presiding Judge
of the Circuit Court for reassignment.
[1]
State Law Reference—Similar provisions, §§479.130,
479.150, RSMo.
[R.O. 2005 §9-15; CC 1997 §9-15]
It shall be the duty of the Municipal Judge to summon all persons
whose testimony may be deemed essential as witnesses at the trial
and to enforce their attendance by attachment, if necessary. The fees
of witnesses shall be the same as those fixed for witnesses in trials
before Associate Circuit Judges and shall be taxed as other costs
in the case. When a trial shall be continued by a Municipal Judge,
it shall not be necessary to summon any witnesses who may be present
at the continuance, but the Municipal Judge shall orally notify such
witnesses as either party may require to attend before him/her on
the day set for trial to testify in the case and enter the names of
such witnesses on his/her docket; such oral notice shall be valid
as a summons.
[1]
State Law Reference—Similar provisions, §479.160,
RSMo.
[R.O. 2005 §9-16; CC 1997 §9-16]
If, in the progress of any trial before a Municipal Judge, it
shall appear to the Judge that the accused ought to be put upon trial
for an offense against the criminal laws of the State and not cognizable
before him/her as Municipal Judge, he/she shall immediately stop all
further proceedings before him/her as Municipal Judge and cause the
complaint to be made before some Associate Circuit Judge within the
County.
[1]
State Law Reference—Similar provisions, §479.170,
RSMo.
[R.O. 2005 §9-17; CC 1997 §9-17]
If, in the opinion of the Municipal Judge, the City has no suitable
and safe place of confinement, the Municipal Judge may commit the
defendant to a City or County Jail and it shall be the duty of the
Sheriff or other official in charge of such facility, if space for
the prisoner is available in the City or County Jail, upon receipt
of a warrant of commitment from the Judge to receive and safely keep
such prisoner until discharged by due process of law. The municipality
shall pay the board of such prisoner at the same rate as may now or
hereafter be allowed to such Sheriff for the keeping of such prisoner
in his/her custody. The same shall be taxed as cost.
[1]
State Law Reference—Similar provisions, §479.180,
RSMo.
[R.O. 2005 §9-18; CC 1997 §9-18; Ord. No. 2778 §1, 7-19-2006]
Any Municipal Judge hearing municipal ordinance violations, upon a plea or finding of guilt, may suspend the imposition of sentence or the execution of sentence and place the defendant on probation or parole for a period not to exceed two (2) years. The Judge may also impose such conditions of probation or parole as the Judge finds reasonably necessary to ensure future compliance with law and the successful completion of the term of probation and to provide compensation or other consideration to the victim and society. Such conditions may include, but shall not be limited to, restitution to the victim(s) of the ordinance violation, alternative community service, corrective or educational programs, compensation to the City for costs incurred for the defendant's arrest and incarceration and for the prosecution of the ordinance violation, and the payment by the defendant of a special deterrent fee to the Municipal Court, the amount of which may not exceed the amount of the fine permitted to be imposed on conviction of the charge at issue as provided in Section 100.110 of this Code.
[1]
State Law Reference—Similar provisions, §479.190,
RSMo.
[R.O. 2005 §9-19; CC 1997 §9-19]
In all cases tried before the Municipal Court, except where
there has been a plea of guilty or where the case has been tried with
a jury, the defendant shall have a right of trial de novo before a
Circuit Judge or, on assignment, before an Associate Circuit Judge.
An application for a trial de novo shall be filed within ten (10)
days after judgment and shall be filed in such form and perfected
in such manner as provided by Supreme Court rules.
[1]
State Law Reference—Similar provisions, §479.200(2),
RSMo.
[R.O. 2005 §9-20; CC 1997 §9-20]
In all cases in which a jury trial has been demanded, a record
of the proceedings shall be made and appeals may be had upon that
record to the appropriate Appellate Court.
[1]
State Law Reference—Similar provisions, §479.200(3),
RSMo.
[R.O. 2005 §9-21; CC 1997 §9-21]
In the case of a breach of any recognizance entered into before
a Municipal Judge or an Associate Circuit Judge hearing a municipal
ordinance violation case, the same shall be deemed forfeited and the
Judge shall cause the same to be prosecuted against the principal
and surety, or either of them, in the name of the municipality as
plaintiff. Such action shall be prosecuted before a Circuit Judge
or Associate Circuit Judge and in the event of cases caused to be
prosecuted by a Municipal Judge, such shall be on the transcript of
the proceedings before the Municipal Judge. All monies recovered in
such actions shall be paid over to the Municipal Treasury to the General
Revenue Fund of the municipality.
[1]
State Law Reference—Similar provisions, §479.210,
RSMo.
[R.O. 2005 §9-22; CC 1997 §9-22]
A Municipal Judge shall be disqualified to hear any case in
which he/she is in any way interested or if, before the trial is commenced,
the defendant or the prosecutor files an affidavit that the defendant
or the municipality, as the case may be, cannot have a fair and impartial
trial by reason of the interest or prejudice of the Judge. Neither
the defendant nor the municipality shall be entitled to file more
than one (1) affidavit or disqualification in the same case.
[1]
State Law Reference—Similar provisions, §479.220,
RSMo.
[R.O. 2005 §9-23; CC 1997 §9-23]
A.
The
Municipal Court Clerk is hereby designated as the Clerk of the Municipal
Court. The duties of the Municipal Clerk shall be as follows:
1.
To collect such fines for violations of such offenses as may be described
and the Court costs thereof;
2.
To take oaths and affirmations;
3.
To accept signed complaints and allow the same to be signed and sworn
to or affirmed before him/her;
4.
To sign and to issue subpoenas requiring the attendance of witnesses
and sign and issue subpoenas duces tecum;
5.
To accept the appearance, waiver of trial and plea of guilty and
payment of fine and costs in Violations Bureau cases or as directed
by the Municipal Judge; generally to act as Violations Clerk of the
Violations Bureau;
6.
To perform all other duties as provided for by ordinance, by rules
of practice and procedure adopted by the Municipal Judge and by the
Missouri Rules of Practice and Procedure in Municipal and Traffic
Courts and by Statute;
7.
To maintain, properly certified by the City Clerk, a complete copy
of the Ellisville City Code which shall constitute prima facie evidence
of such Code before the Court and, further, to maintain a similar
certified copy on file with the Clerk serving the Circuit Court of
this County.
[1]
State Law Reference—Clerks, §479.060, RSMo.
[Ord. No. 3217 §1, 5-20-2015; Ord.
No. 3513, 4-6-2022]
A.
Counsel In General. In all cases in which a defendant is charged
with an ordinance violation, the Court shall advise a defendant of
his or her right to counsel. If a defendant is not represented by
an attorney, the Court shall determine, with the express concurrence
of the prosecuting attorney, whether the violation can be disposed
of without the imposition of a jail sentence and allow such cases
to proceed without the provision of counsel to the defendant. In the
event that the Court determines that there is a possibility of the
imposition of a jail sentence, including the imposition of a jail
sentence pursuant to an order of contempt for non-payment of a fine,
the Court shall investigate the financial status of the defendant
to determine and verify that the defendant does not have the means
to obtain counsel. If the Court determines that a person is indigent,
then the Court shall appoint counsel pursuant to the provisions of
this Section.
B.
Eligibility For Representation By Appointed Counsel. A person shall
be considered eligible for representation when it appears from all
the circumstances of the case, including the defendant's ability
to pay a bond, his or her income and the number of persons dependent
on him or her for support, that the person does not have the means
at his or her disposal or available to him or her to obtain counsel
on his or her behalf and is indigent. Any person claiming indigency
shall file with the Court an affidavit which shall contain factual
information required by the Court in determining indigency. Any person
who intentionally falsifies such affidavit in order to obtain an appointed
counsel shall be guilty of an ordinance violation. The Court, or anyone
serving under the Municipal Judge, may institute an investigation
into the financial status of any person seeking the services of appointed
counsel at such times as the circumstances shall warrant. The burden
shall lie on the accused or the defendant to convince the Court of
his or her eligibility to receive legal services in any conference,
hearing or question thereon.
C.
Appointed Counsel. Any appointed counsel must be a licensed attorney
and a member in good standing of the Missouri Bar. The City Council
shall only appoint attorneys that possess the necessary experience,
education and expertise in municipal law to provide effective assistance
of counsel. Attorneys that have completed a minimum of ten (10) hours
of continuing legal education hours related to the representation
of indigent defendants in municipal courts shall be eligible to be
appointed by the Court. Appointed counsel may seek payment of litigation
expenses from the Appointed Counsel Fund. Any attorney eligible to
be appointed to represent indigent defendants shall notify the Court
Administrator or Court Clerk, in writing, specifying his or her qualifications
and availability to provide counsel to indigent defendants in Court.
D.
Payment To Appointed Counsel. The Court shall adopt and maintain
a payment schedule for compensation of appointed counsel. The Council
may authorize a contract with one (1) or more attorneys to serve as
appointed counsel. The payment amount for the appointed counsel shall
be agreed upon at the time of selection by the Council. Changes in
the method and/or rate of pay shall be included in the annual City
budget.
E.
Ability Of Defendant To Pay For Services. If a person is determined
to be eligible for services provided by appointed counsel and he or
she is able to provide a limited cash contribution toward the cost
of his or her representation without imposing a substantial hardship
upon himself or herself or his or her dependents, such contribution
shall be required as a condition of his or her representation. If
at any time during or after the disposition of his or her case such
defendant becomes financially able to meet all or some part of the
cost of services rendered to him or her, he or she shall be required
to reimburse the Court in such amounts as he or she can reasonably
pay, either by a single payment or installment payments, in accordance
with a schedule approved by the Court.
F.
Funds Available For Appointed Counsel. In the event there are no
additional monies available to the Court from the Appointed Counsel
Fund and the City has not allocated additional funds for the payment
of appointed counsel, the Court shall deem that the imposition of
jail is waived and consider sentences alternative to incarceration
in the event the defendant pleads guilty or is found guilty by the
Court.
[R.O. 2005 §9-24; CC 1997 §9-24; Ord. No. 2121 §1, 10-2-1996; Ord. No. 2136 §1, 12-18-1996; Ord. No. 2459 §§1—2, 9-5-2001; Ord. No. 3048 §1, 9-7-2011]
A.
In
addition to any fine that may be imposed by the Municipal Judge, there
shall be assessed as costs in all cases the following:
1.
Costs of Court in the amount of twelve dollars ($12.00).
2.
In all cases, except those for non-moving traffic violations, costs
for the training of Police Officers in the amount of three dollars
($3.00). Two dollars ($2.00) of such fees collected shall be transmitted
monthly to the Treasurer of St. Louis County to be used locally for
training Law Enforcement Officers. One dollar ($1.00) of such fees
collected shall be transmitted monthly to the Treasurer, State of
Missouri and deposited into the Peace Officer Standards and Training
Commission Fund to be used statewide for training of Law Enforcement
Officers.
3.
Other costs, such as for the issuance of a warrant, a commitment
or a summons, as provided before the Associate Circuit Judge in criminal
prosecutions.
4.
Actual costs assessed against the City by the County Sheriff for
apprehension or confinement in the County Jail.
5.
Mileage, in the same amount as provided to the Sheriff in criminal
violations, for each mile and fraction thereof the officer must travel
(both directions) in order to serve any warrant or commitment or order
of this Court.
6.
A surcharge relating to the Crime Victims' Compensation Fund in the
amount of seven dollars fifty cents ($7.50) in all cases, except in
any proceeding in the Municipal Court when the proceeding or defendant
has been dismissed by the Court or when costs are to be paid by the
City.
7.
A surcharge in the amount of two dollars ($2.00) in all criminal
and traffic cases involving an infraction or violation of State or
municipal ordinances, which shall be deposited into an Inmate Security
Fund to be utilized for maintenance costs associated with biometric
verification systems and to pay for any expenses related to custody
and housing and other expenses for prisoners.
8.
A surcharge, as has been authorized by the City's contract for
Municipal Court software, in the amount of seven dollars ($7.00) shall
be included for all criminal and traffic cases involving an infraction
or violation of State or Municipal ordinances.
[Ord. No. 3217 §§2 —
3, 5-20-2015]
9.
An Appointed Counsel Account is hereby established in the City's
General Fund. A fee of one dollar ($1.00), pursuant to the provisions
of Section 479.260 RSMo., shall be collected in all cases, except
where the proceeding is dismissed by the Court or when the costs are
to be paid by the City. All fees collected pursuant to this Subsection
shall be transmitted monthly to the Finance Director of the City and
shall be credited to the Appointed Counsel Account. Additional funds
shall be included in the General Fund budget to pay any appointed
counsel fees that are not covered by the collected Court costs. The
Appointed Counsel Account shall not retain more than five thousand
dollars ($5,000.00). All excess funds shall be transmitted at the
end of the fiscal year to the General Revenue Fund, miscellaneous
income account, in the City's General Fund.
[Ord. No. 3217 §§2 —
3, 5-20-2015]
[1]
State Law Reference—Court costs, §479.260, RSMo.
[R.O. 2005 §9-25; CC 1997 §9-25]
The costs of any action may be assessed against the prosecuting
witness and judgment rendered against him/her to pay the same and
he/she shall stand committed until such costs are paid in any case
where it appears to the satisfaction of the Municipal Judge that the
prosecution was commenced without probable cause and from malicious
motives.
[R.O. 2005 §9-26; CC 1997 §9-26]
When a fine is assessed for violating this Code, it shall be
within the discretion of the Judge assessing the fine to provide for
the payment of a fine on an installment basis under such terms and
conditions as he/she may deem appropriate.
[1]
State Law Reference—Similar provisions, §479.240,
RSMo.
[R.O. 2005 §9-27; CC 1997 §9-27]
A.
Upon a plea of guilty or a finding of guilty for a first (1st) offense of violating the provisions of Sections 342.020 and 342.030, the Municipal Court may, in addition to imposition of any penalties provided by law, order the convicted person to reimburse the Ellisville Police Department or other local law enforcement agency which made the arrest for the costs associated with such arrest.
B.
Such
costs shall include the reasonable costs of making the arrest, including
the cost of any chemical test made under this Chapter 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.
C.
The
Ellisville Police Department may establish a schedule of such costs;
however, the Court may order the costs reduced if it determines that
the costs are excessive given the circumstances of the case or for
good cause shown.
D.
These
fees shall be calculated as additional costs by the Municipal Court
and shall be collected by the Court in the same manner as the costs
and fees are collected and remitted to the Director of Budget and
Finance.
[R.O. 2005 §9-28; CC 1997 §9-28; Ord. No. 1737 §1, 8-5-1992]
It shall be unlawful for any person to fail to appear at the
proper time and plea or answer a charge against him/her in the Municipal
Court upon being first duly summoned.
[R.O. 2005 §9-11; CC 1997 §9-11]
Should the Municipal Judge determine that there shall be Violations
Bureau, the City shall provide all expenses incident to the operation
of the same. The Municipal Court Clerk or one designated by him/her
is hereby designated as the Violations Clerk for such Bureau.
A.
Any
person charged with an offense for which payment of a fine may be
made to the Violations Bureau shall have the option of paying such
fine within the time specified in the notice of arrest at the Violations
Bureau upon entering a plea of guilty and upon waiving appearance
in court or may have the option of depositing required lawful bail
and, upon a plea of not guilty, shall be entitled to a trial as authorized
by law.
B.
The
payment of a fine to the Bureau shall be deemed an acknowledgement
of conviction of the alleged offense, and the Bureau, upon accepting
the prescribed fine, shall issue a receipt to the violator acknowledging
payment thereof.
A.
The
following duties are hereby imposed upon the Violations Bureau in
reference to traffic offenses:
1.
It shall accept designated fines, issue receipts and represent in
court such violators as are permitted and desire to plead guilty,
waive court appearance and give power of attorney;
2.
It shall receive and issue receipts for cash bail from the persons
who must or wish to be heard in court, enter the time of their appearance
on the court docket, and notify the arresting officer and witnesses,
if any, to be present.
The Violations Bureau shall keep records and submit to the judges
hearing violations of City ordinances summarized monthly reports of
all notices issued and arrests made for violations of the traffic
laws and ordinances in the City and of all the fines collected by
the Violations Bureau or the court and of the final disposition or
present status of every case of violation of the provisions of said
laws and ordinances. Such records shall be so maintained as to show
all types of violations and the totals of each. Said records shall
be public records.
The Violations Bureau shall follow such procedure as may be
prescribed by the traffic ordinances of the City or as may be required
by any laws of this State.
