[1]
Editor's Note — As to certain violations concerning
an accused with special needs, §479.040, RSMo.
The City of Appleton City, hereby elects to have all violations
of its municipal ordinances heard and determined by an Associate Circuit
Judge of the Circuit Court of St. Clair County, Missouri, the County
in which Appleton City is located.
The Division of the Circuit Court of St. Clair County, Missouri,
which hears and determines violations of the ordinances of Appleton
City shall be known as the "Municipal Division of the Circuit Court
of St. Clair County, Missouri".
The rules governing the procedure and practice in the Municipal
Court shall be those established and promulgated by the Supreme Court
of Missouri on July 1, 1959, and such subsequent rules as the Supreme
Court shall from time to time establish and promulgate; and any provision
in these ordinances which shall be in conflict with such rules is
hereby repealed.
The Associate Circuit Judge may establish a Violations Bureau
in Appleton City, and shall establish such a Bureau when a request
therefor is made by the Board of Aldermen of Appleton City. The Violations
Bureau shall operate under the supervision of the Circuit Court, and
the Associate Circuit Judge hearing and determining violations of
the ordinances of Appleton City, and shall be operated in accordance
with the rules of the Supreme Court and the rules of the Circuit Court.
All expenses incident to the operation of the Violations Bureau, including
salaries of clerical personnel, shall be paid by Appleton City. The
City shall provide suitable quarters for the Violations Bureau. The
Violations Bureau shall accept pleas of guilty to certain violations
of traffic ordinances designated by the Associate Circuit Judge and
shall accept payments of fines established by the Associate Circuit
Judge and court costs assessed on said pleas of guilty.
All prosecutions for the violation of City ordinances shall
be instituted by information and may be based upon a complaint. Proceedings
shall be in accordance with the Supreme Court Rule governing practices
and procedures in proceedings before Municipal Judges.
In the trial of violations of the ordinances of the City, a
copy of a City ordinance which is certified by the Clerk of the City
shall constitute prima facie evidence of such ordinance. If such certified
copy is on file with the Clerk of the Municipal Division and readily
available for inspection by the parties, the Judge may take judicial
notice of such ordinance without further proof.
When a fine is assessed for violation of an ordinance, it shall
be within the discretion of the Judge assessing the fine to provide
for the payment of the fine on an installment basis under such terms
and conditions as he/she may deem appropriate.
A.
In addition
to any fine that may be imposed by the Municipal Judge in any case
filed in Appleton City Municipal Division of the 27th Judicial Circuit
Court, and in addition to all other fees authorized or required by
law, there shall be assessed as costs the following:
1.
Costs
of Court in the amount of fifteen dollars ($15.00).
2.
Law Enforcement Officer training fee. A fee of three dollars
($3.00) is hereby established and assessed as additional Court costs
in each Court proceeding, except that no such fee shall be collected
when the proceedings against the defendant have been dismissed.
a.
Two
dollars ($2.00) of each such Court cost shall be transmitted monthly
to the Treasurer of the City or other official collecting monies due
the City, and used to pay for Law Enforcement Officer training as
provided by Sections 590.100 to 590.180, RSMo. The City shall not
retain for training purposes more than one thousand five hundred dollars
($1,500.00) of such funds for each certified Law Enforcement Officer
or candidate for certification employed by the City. Any excess funds
shall be transmitted quarterly to the City's General Fund.
b.
One
dollar ($1.00) of each such Court cost shall be sent to the State
Treasury to the credit of the Peace Officers Standards and Training
Commission Fund created by Section 590.178, RSMo.
3.
Crime Victims' Compensation Fund. An additional sum of
seven dollars fifty cents ($7.50) shall be assessed and added to the
basic costs in Subparagraph (1) of this Section, provided that no
such cost shall be collected in any proceeding when the proceeding
or the defendant has been dismissed by the Court. All sums collected
pursuant to this Subparagraph shall be paid at least monthly as follows:
4.
There
may also be assessed a two dollar ($2.00) cost per case for each criminal
case, including violations of any County or municipal ordinance, for
the purpose of providing operating expenses for shelters for battered
persons as set out in Section 488.607, RSMo.
5.
There
shall be assessed a seven dollar ($7.00) surcharge for the Statewide
Court Automation Fund.
6.
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.
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Issuance of warrants or summons
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$35.00
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This fee may be assessed at the discretion of the Municipal
Judge.
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7.
Actual
costs assessed against the City by the County Sheriff for apprehension
or confinement in the County Jail or costs assessed against the City
by any other detention facility.
8.
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.
9.
Any
other reasonable cost as may be otherwise provided by ordinance including,
but not limited to, costs of confinement, including any necessary
transportation related thereto, medical costs incurred by the City
while a defendant is in City custody, and costs related to the arrest
and testing of any person for any intoxication-related traffic offense
as set out in Section 125.070(10) hereof.
10.
Reimbursement of certain costs of arrest.
a.
Upon
a plea or a finding of guilty of violating the provisions of Sections
577.010 or 577.012, RSMo., or any ordinance of Appleton City involving
alcohol- or drug-related traffic offenses, the Court may, in addition
to imposition of any penalties provided by law, order the convicted
person to reimburse the Law Enforcement Department for the costs associated
with such arrest.
b.
Such
costs hereby authorized shall include the reasonable cost of making
the arrest, including the cost of any chemical test made as authorized
or required by law or ordinance 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
Chief of Law Enforcement may establish a schedule of such costs hereby
authorized and shall submit the same to the Municipal Judge. However,
the Court may order the costs reduced if it determines that the costs
are excessive.
