[R.O. 2012 §125.010]
There is hereby established in the City of Knob Noster a Municipal
Court, to be known as the "Knob Noster Municipal Court, a Division of the 17th Judicial Circuit Court of the State of Missouri".
In the event a Police Court existed prior to the establishment of
a Municipal Court, this Court is a continuation of the Police Court
of the City as previously established, and is termed herein "The Municipal Court".
[R.O. 2012 §125.020; Ord. No. 205 §1, 8-7-1961; Ord.
No. 658 §1, 10-3-2001; Ord. No. 788 §1, 11-3-2009]
In all cases before the Municipal Court of the City of Knob
Noster, Missouri, there shall be taxed costs in accordance with the
verdict and judgment of the Judge of said Court. In all cases in which
a conviction shall result, such costs shall be payable by the defendant
in each case and in all other cases as hereinafter provided.
[R.O. 2012 §125.030; Ord. No. 554 §§1—2, 2-7-1995; Ord. No. 636 §§1—2, 9-8-1999; Ord. No. 658 §2, 10-3-2001; Ord. No. 788 §2, 11-3-2009; Ord. No. 874, 8-16-2022]
A.
In
addition to any fine that may be imposed by the Municipal Judge in
any case filed in the Knob Noster Municipal Division of the 21st Judicial
Circuit Court (the "Municipal Court" or "Court"); and in addition
to all other fees authorized or required by law, the Municipal Court
is authorized to the extent permitted by State law to assess as Court
costs the following:
1.
Costs. Costs of Court in the amount of twelve dollars ($12.00) pursuant
to Court Operating Rule ("COR") 21.01(a)(5).
2.
Surcharges.
a.
Police Officer Training. Pursuant to Section 488.5336, RSMo., a surcharge
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. The Court shall distribute the surcharge as follows:
(1)
Two dollars ($2.00) shall be transmitted monthly to the Treasurer
of the City and used to pay for Police 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.
(2)
One dollar ($1.00) 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.
b.
Crime Victims' Compensation Fund. An additional sum of seven dollars fifty cents ($7.50) shall be assessed and added to the basic costs in Subsection (A)(1) of this Section, except that no such cost shall be collected in any proceeding when the proceeding against the defendant has been dismissed by the Court. All sums collected pursuant to this Subsection shall be paid at least monthly as follows:
c.
Shelters For Battered Persons. An additional sum of two dollars ($2.00) shall be assessed and added to the basic costs in Subsection (A)(1) of this Section, except that no such cost shall be collected when the proceeding against the defendant has been dismissed by the Court. All sums collected pursuant to this Subsection shall be deposited monthly with the Johnson County Treasurer to be used for the maintenance, upkeep and operation of the Survival House Shelter for the victims of domestic violence.
d.
Judicial Education Fund And Appointed Counsel Fund. Pursuant to Section
479.260, RSMo., the Municipal Court may establish a Judicial Education
Fund and an Appointed Counsel Fund, each in separate accounts under
the control of the Municipal Court to retain one dollar ($1.00) of
the fees collected on each case. The fees collected shall be allocated
between the two (2) funds as determined by the Court. The Judicial
Education Fund shall be used only to pay for the continuing education
and certification required of the Municipal Judges by law or Supreme
Court rule; and judicial education and training for the Court Administrator
and Clerks of the Municipal Court. The Appointed Counsel Fund shall
be used only to pay the reasonable fees approved by the Court for
the appointment of an attorney to represent any defendant found by
the Judge to be indigent and unable to pay for legal representation,
and where the Supreme Court rules or the law prescribes such appointment.
Provided, further, that the Municipal Court shall not retain more
than one thousand five hundred dollars ($1,500.00) in the Judicial
Education Fund for each Judge, Administrator or Clerk of the Municipal
Court and no more than five thousand dollars ($5,000.00) in the Appointed
Counsel Fund. Any funds in excess of the prescribed fund limits shall
be transmitted quarterly to the City's General Revenue Fund.
e.
Reimbursement Of Certain Costs Of Arrest.
(1)
Upon a plea or a finding of guilty for violating the provisions
of any ordinance of the City of Knob Noster, 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 Police Department for the costs associated with such arrest.
(2)
Such costs hereby authorized shall include the reasonable cost
of making the arrest, including the costs 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.
(3)
The Chief of Police shall establish a schedule of such costs
hereby authorized and shall submit the same to the Municipal Judge.
However, the County may order the costs reduced if it determines that
the costs are excessive.
f.
Non-Negotiable Instrument Fee. A fee of four dollars ($4.00) for
accepting payments of Court costs by means other than by cash or negotiable
instrument should the Municipal Court, by local Court rule, elect
to accept payments of Court costs by means other than by cash or negotiable
instrument.
g.
Postage And Copies. Pursuant to Court Operating Rule 21.01(22) and
Section 610.026, RSMo., the Court may charge reasonable fees for postage
and per copied page as provided by local Court rule or order.
h.
Bad Checks. A person passing a bad check to the Court shall be prosecuted
pursuant to Section 570.120, RSMo., and shall pay, in addition to
all other fines, Court costs and fees, an administrative handling
cost as set forth in Section 510.120.5, RSMo., and a reasonable service
charge, which along with the face amount of the check, shall be turned
over to the City as the person to whom the bad check was issued (see
Section 510.120.6, RSMo.).
i.
All Other Court Costs. All other Court costs, fees, miscellaneous
charges and surcharges authorized or required by Statute.
B.
None of the Court costs authorized by Subsection (A) above shall be collected in any proceeding involving a violation of an ordinance when the proceeding or defendant has been dismissed by the Court or when costs are waived or are to be paid by the City.
C.
The
Judge may decide not to assess Court costs against a defendant in
those cases where the defendant is found by the Judge to be indigent
and unable to pay the Court costs.
D.
If
the Statutory authority for any Court cost, fee, miscellaneous charge
and/or surcharge authorized by the Board of Aldermen herein is repealed
by the State Legislature or is now or in the future found by a Court
of competent jurisdiction to be an unauthorized Court cost, fee, miscellaneous
charge or surcharge, then the Board of Aldermen's grant of authority
for such Court cost, fee, miscellaneous charge or surcharge shall
be automatically repealed.
[R.O. 2012 §125.040; Ord. No. 565 §1, 2-6-1996; Ord.
No. 658 §3, 10-3-2001; Ord. No. 788 §3, 11-3-2009; Ord. No. 874, 8-16-2022[1]]
A.
Judicial
Inquiry As To Ability To Pay. When a fine, fee, or cost is assessed,
or thereafter any time a fine, fee, or cost is due, if the defendant
states the defendant is unable to pay the amount then due, the judge
shall inquire as to the defendant's ability to pay.
B.
Defendant
Has Ability to Pay But Unable To Pay When Assessed Or Due. If the
judge finds the defendant has the ability to pay but is unable to
pay the amount when assessed or due, the judge shall order a stay
of execution on the payment, and:
C.
Defendant
Has No Ability To Pay. If the judge finds the defendant does not have
the ability to pay the amount when assessed or due and is unable to
acquire the resources to pay, the judge shall, after consideration
of the violation, the defendant's financial circumstances, disabilities,
driving restrictions, transportation limitations, and caregiving and
employment responsibilities, impose alternative sanctions, that may
include, but are not limited to:
1.
Waiver or suspension of imposition of any fine, fee, or cost or of
the amount previously assessed and due;
2.
Imposition of a lower amount of any fine, fee, or cost or reduction
of the amount previously assessed and due;
3.
Community service in lieu of any fine, fee, or cost; or
4.
Court-approved programs, e.g., driver skills, education, job skills,
mental health or drug treatment in lieu of any fine, fee, or cost.
D.
Show
Cause Order Requirements. When a defendant defaults in the payment
of the fine, fee, or cost or fails to perform an ordered alternative
sanction, the judge may issue an order to show cause for criminal
contempt consistent with the due process requirements of Rule 36.01(b)
on the motion of the Prosecuting Attorney or on the judge's own motion.
The order to show cause for criminal contempt shall include:
1.
The hearing date, time and location;
2.
The total amount claimed past due or alternative sanction ordered
but not performed;
3.
Notice to the defendant that:
a.
If the show cause order was issued for failure to pay, the judge
shall evaluate the defendant's ability to pay at the hearing and the
defendant should bring any documentation or information the judge
should consider in determining ability to pay;
b.
If the defendant is unable to pay, the defendant can request a payment
alternative, including, but not limited to, community service and/or
a reduction of the amount due;
c.
The defendant may have the right to have counsel appointed if indigent;
and
d.
Incarceration for failure to pay may result only if alternative measures
are not adequate to meet the municipality's or County's interest in
punishment and deterrence or the judge finds the defendant had the
ability to pay and willfully failed to do so.
E.
Summons
Or Arrest Warrant. The Court shall issue a summons for the defendant's
appearance on the order to show cause unless the defendant has previously
failed to appear at a prior Court date in the case. The summons shall
have the order to show cause attached and may be served by the clerk
mailing it to the defendant's last known address by first class mail.
In the event the defendant has previously failed to appear or fails
to appear on the summons, the Court may issue a warrant to secure
the defendant's appearance for a hearing on the order to show cause.
Upon arrest, the defendant is entitled to be conditionally released
as provided in these rules.
F.
Incarceration
After Hearing And Written Findings. A judge may not incarcerate the
defendant for non-payment of a fine, fee, or cost unless the judge
holds a hearing, with adequate notice to the defendant, and makes
one (1) of the following written findings:
1.
The failure to pay was not due to an inability to pay but was willful
or due to a failure to make bona fide efforts to pay; or
2.
The failure to pay was not the fault of the defendant and alternatives
to incarceration are not adequate in the circumstances of the case
to meet the municipality's or County's interest in punishment and
deterrence.
G.
Contempt
Order, Punishment. If following the show cause hearing the judge makes
written findings:
1.
That the defendant was given adequate notice of the hearing as required
by this rule;
2.
That the defendant had the opportunity to be represented by counsel
and a reasonable time to prepare a defense;
3.
That the defendant had a meaningful opportunity to present evidence
and argument at the hearing; and
4.
Setting out the essential facts constituting the contempt, the judge may impose punishment for failure to pay, including incarceration for a term not to exceed thirty (30) days when findings are made as required by Subsection (F) of this Section. The judge may provide in the order that payment or satisfaction of the amount due at any time will entitle the defendant to release from incarceration or, after entering the order, may at any time reduce the sentence for good cause shown, including payment or satisfaction of the amount due. If the judge finds the defendant's failure to comply with an order for an alternative sanction was willful, the judge may impose punishment for criminal contempt as authorized by law.
H.
Collection
Of Amount Due Following Failure To Pay. Upon default in the payment
of an amount due or any installment thereof, the amount due may be
collected by any means authorized by law for the enforcement of money
judgments.
[1]
Editor's Note: Ord. No. 874 also changed the title of this
Section from "Judge May Commute Fines and Costs To Imprisonment —
When" to "Defendant's Failure to Pay."
[R.O. 2012 §125.045; Ord. No. 626 §§1—4, 3-3-1999]
A.
The
Municipal Judge for the City or the person performing the duties of
the Municipal Judge may order any person who:
1.
Has been convicted; or
2.
Has received a suspended imposition of sentence for violating an
ordinance of the City, whether the original punishment be fine or
imprisonment or both,
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to perform alternative community service, as defined in this
Section, as a condition of probation or in lieu of a fine or imprisonment
or both.
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B.
Alternative
community service may consist of service on the public streets, highways
and alleys or other public works or buildings or public grounds of
the City and such other service as may be authorized by resolution
of the Board of Aldermen.
C.
Chief
of Police, City Administrator, City Inspector, Street Superintendent
and Water/Wastewater Superintendent are authorized to assign and supervise
community service. The Chief of Police or other office of the City
is hereby authorized, empowered and directed to assign work to and
supervise all persons ordered to perform alternative community service
by the Municipal Judge.
D.
The
Municipal Judge may determine the number of hours of alternative community
service that a person shall perform under this Section.
[R.O. 2012 §125.050; Ord. No. 658 §4, 10-3-2001; Ord. No. 788 §4, 11-3-2009]
The Municipal Judge for the Circuit Court of the County of Johnson,
Municipal Division for the City of Knob Noster, is hereby empowered
to assess an additional Court cost in the amount of twenty-five dollars
($25.00) against any person charged with a municipal ordinance violation
who fails to appear, thus resulting in the issuance of a warrant ordering
said defendant to appear at a subsequent Court date.
