[R.O. 2009 § 135.010; R.O. 2006 § 160.010; Ord. No. 503 § 2, 8-20-1979]
There is hereby established in this City a Municipal Court to be known as the "Fenton Municipal Court, a Division of the 21st Judicial Circuit Court of the State of Missouri."
[R.O. 2009 § 135.020; R.O. 2006 § 160.020; Ord. No. 503 § 3, 8-20-1979]
The Municipal Court shall have jurisdiction to hear and determine all cases involving alleged violations of the ordinances of the City. The term "heard and determined," for purposes of this Chapter, shall mean any process under which the Court in question retains the final authority to make factual determinations pertaining to allegations of a municipal ordinance violation.
[R.O. 2009 § 135.030; R.O. 2006 § 160.030; Ord. No. 503 § 4, 8-20-1979]
The Judge of the City's Municipal Court shall be known as a Municipal Judge for the 21st Judicial Circuit Court and shall be appointed by the Mayor with the consent of the majority of the Board of Aldermen. When necessary, a Provisional Judge may be appointed in the same manner as the Municipal Judge.
[R.O. 2009 § 135.040; R.O. 2006 § 160.040; Ord. No. 1487 § 1, 4-15-1991; Ord. No. 3031 § 4, 5-28-2009; Ord. No. 4216, 4-28-2022]
The Municipal Judge shall be appointed by the Mayor with the consent and approval of the majority of the members of the Board of Aldermen for a term of not less than two (2) years. The term of the Municipal Judge so appointed and approved shall commence on the effective date of such appointment and approval and shall expire on the later of the fourth Thursday of May of the year of the general election for Mayor of the City of Fenton or at such time as his/her successor shall be duly appointed and qualified. The Provisional Judge shall hold his/her office for whatever term is designated by the Board of Aldermen. The Municipal Judge and Provisional Judge shall be compensated at such a rate as may be designated by the Board from time to time by ordinance.
A.
The Municipal Judge shall vacate his/her office under the following conditions:
[R.O. 2009 § 135.060; R.O. 2006 § 160.060; Ord. No. 503 § 7, 8-20-1979]
A.
The Municipal Judge or Provisional Judge shall possess the following qualifications before he/she shall take office:
1.
He/she must be a licensed attorney, qualified to practice law within the State of Missouri.
2.
He/she must be a resident of the State of Missouri.
3.
He/she may not hold any other elected or appointed office within the City Government.
4.
He/she must be between the ages of twenty-one (21) and seventy-five (75) years.
5.
He/she may serve as Municipal Judge for any other municipality.
6.
No municipal judge shall serve as a municipal judge in more than five municipalities at one time. A court that serves more than one municipality shall be treated as a single municipality for the purposes of this Subsection.
[R.O. 2009 § 135.070; R.O. 2006 § 160.070; Ord. No. 503 § 8, 8-20-1979]
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 Missouri 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 the Municipal Court shall obey the directives of the Presiding Judge.
[Ord. No. 4217, 4-28-2022]
The duties of a Public Defender shall be to serve as counsel when appointed by the Municipal Judge or the Board to represent persons appearing before the Municipal Court and accused of a violation of the ordinances of the City for which the prosecutor intends to seek a sentence of confinement who demonstrate to the satisfaction of the Municipal Judge that they are unable to employ counsel on their own behalf and should have counsel appointed to represent them. No such person shall be sentenced to any period of confinement unless he/she is represented by counsel. The Public Defender shall be compensated at such a rate as may be designated by the Board from time to time by ordinance.
See Rules 37.47, 37.50.
[Ord. No. 4511, 12-19-2024[1]]
The Municipal Division shall provide the Monthly Municipal Division Summary Report to the Board of Aldermen by the 15th of the month in accordance with Court Operating Rule 4.29.
[1]
Editor's Note: This ordinance also repealed former Section 135.080, Monthly Reports From Judge, consisting of R.O. 2009 § 135.080; R.O. 2006 § 160.080; and Ord. No. 503 § 9, 8-20-1979.
[R.O. 2009 § 135.090; R.O. 2006 § 160.090; Ord. No. 503 § 10, 8-20-1979]
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 proceeding therein and he/she shall keep such records of the Circuit Court of St. Louis County, maintained by the City of Fenton. 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.
[R.O. 2009 § 135.100; R.O. 2006 § 160.100; Ord. No. 503 § 11, 8-20-1979; Ord. No. 2418 § 2, 9-17-2001]
A.
The Municipal Judge shall be and is hereby authorized to:
1.
Establish an Ordinance Violations Bureau as provided for in the Missouri Rules of Practice and Procedure in Municipal and Traffic Courts and Section 479.050, RSMo. He/she shall establish such a bureau when a request therefor is made by the Board of Aldermen.
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 as a Circuit Judge.
3.
Commute the term of any sentence, suspend imposition 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 Chapter, or other ordinances of the City.
[R.O. 2009 § 135.110]
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.
A warrant may issue only as a last resort, when all other reasonable avenues to gain access to the property have been exhausted. |
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;
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
in such case the application shall include details of the City's investigation and effort to request such consent; |
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; and
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) business days of the execution of the warrant.
(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. 2009 § 135.120; R.O. 2006 § 160.120; Ord. No. 503 § 13, 8-20-1979; Ord. No. 1909 § 1, 11-20-1995]
All warrants issued by the Municipal Judge shall be directed to the Police Department or the Sheriff of the County. The warrant shall be executed by a Police Officer or Sheriff in any place within the limits of the County and not elsewhere unless the warrants are endorsed in the manner provided for warrants in criminal cases.
[R.O. 2009 § 135.130; R.O. 2006 § 160.110; Ord. No. 503 § 12, 8-20-1979; Ord. No. 2418 § 1, 9-17-2001]
An Ordinance Violations Bureau is hereby established as provided for in Chapter 479, Section 479.050, RSMo. The City shall provide all expenses incident to the operation of same. The Court Clerk is hereby designated as the Ordinance Violations Clerk for said Bureau.
[R.O. 2009 § 135.135; R.O. 2006 § 160.135; Ord. No. 2098 § 1, 10-20-1997; Ord. No. 2463 § 3, 4-15-2002; Ord. No. 3558 § 3, 11-19-2015]
A.
A person commits the offense of failure to appear in Municipal Court if for any violation of any ordinance of the City that is not a minor traffic violation as defined by Section 300.010 of this Code, he or she:
1.
Has been issued a summons for a violation and fails to appear before the Judge of the Municipal Court at the time and on the date on which he/she was summoned, or at the time or on the date to which the case was continued;
2.
Has been released upon recognition of bond and fails to appear before the Judge of the Municipal Court at the time and on the date on which he/she was summoned, or at the time or on the date to which the case was continued;
3.
Has been placed on Court supervised probation and fails to appear before the Judge of the Municipal Court at the time specified by said Judge as a condition of the probation.
B.
Nothing in this Section shall prevent the exercise of the Municipal Court of its power to punish for contempt.
[R.O. 2009 § 135.140; R.O. 2006 § 160.140]
Any person charged with a violation of a Municipal ordinance of this 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, has a right to a trial by jury, and demands such trial by jury, the Municipal Judge shall certify the case to the Presiding Judge for assignment.
[R.O. 2009 § 135.150; R.O. 2006 § 160.160; Ord. No. 503 § 17, 8-20-1979]
It shall be the duty of the Municipal Judge to summon all persons when requested by any party, whose presence may be deemed to be 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 trial 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, which oral notice shall be valid as a summons.
[R.O. 2009 § 135.160; R.O. 2006 § 160.170; Ord. No. 503 § 18, 8-20-1979]
A.
If, in the progress of any trial before a Municipal Judge, it shall appear to the Judge that the accused ought to be put on 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.
B.
For purposes of this Section, any offense involving the operation of a motor vehicle in an intoxicated condition as defined in Section 577.001, RSMo., shall not be cognizable in municipal court, if the defendant has been convicted, found guilty, or pled guilty to two or more previous intoxication-related traffic offenses as defined in Section 577.001, RSMo., or has had two or more previous alcohol-related enforcement contacts as defined in Section 302.525, RSMo.
[R.O. 2009 § 135.170; R.O. 2006 § 160.190]
A.
Any Judge hearing violations of the Municipal ordinances may, when in his/her judgment it may seem advisable, grant a parole or probation to any person who shall plead guilty or who shall be convicted after a trial before said Judge. When a person is placed on probation, he/she shall be given a certificate explicitly stating the conditions on which he/she is being released.
B.
In addition to such other authority as exists to order conditions of probation, the Court may order conditions which the Court believes will serve to compensate the victim of the crime, any dependent of the victim, or society in general. Such conditions may include, but need not be limited to:
C.
A person may refuse probation conditioned on the performance of free work. If he/she does so, the Court shall decide the extent or duration of sentence or other disposition to be imposed and render judgment accordingly. Any County, City, person, organization, or agency, or employee of a County, City, organization, or agency charged with the supervision of such free work or who benefits from its performance shall be immune from any suit by the person placed on parole or probation or any person deriving a cause of action from him/her if such cause of action arises from such supervision of performance, except for intentional torts or gross negligence. The services performed by the probationer or parolee shall not be deemed employment within the meaning of the provisions of Chapter 288, RSMo.
D.
The Court may modify or enlarge the conditions of probation at any time prior to the expiration or termination of the probation term.
[R.O. 2009 § 135.180; R.O. 2006 § 160.200; Ord. No. 503 § 21, 8-20-1979]
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 judgement and shall be filed in such form and perfected in such manner as provided by Supreme Court Rules.
[R.O. 2009 § 135.190; R.O. 2006 § 160.210; Ord. No. 503 § 22, 8-20-1979]
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. The costs of this record of proceedings shall be taxed as costs in the matter.
[R.O. 2009 § 135.200; R.O. 2006 § 160.220; Ord. No. 503 § 23, 8-20-1979]
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 City 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 City Treasury to the General Revenue Fund of the City.
[R.O. 2009 § 135.210]
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.
[R.O. 2009 § 135.220]
If a Municipal Judge be absent, sick, or disqualified from acting pursuant to the general administrative authority of the Presiding Judge of the Circuit Court over the Municipal Divisions within the circuit contained in Section 478.240, RSMo., a special Municipal Judge may be designated in accordance with the provisions of Section 479.230, RSMo., until such absence or disqualification shall cease.
[R.O. 2006 § 160.250; Ord. No. 503 § R.O. 2009 § 135.220; 26, 8-20-1979; Ord. No. 2649 §§ 1 — 2, 4-27-2004]
A.
Duties Of Court Clerk. The duties of the Court 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 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 Traffic Violation Bureau cases or as directed by the Municipal Judge.
6.
To perform all other duties as provided for by ordinance, by Rules of Practice and Procedure adopted by the Municipal Judge, by the Missouri Rules of Practice and Procedure in Municipal and Traffic Courts and by State Statute.
7.
To maintain, properly certified by the City Clerk, a copy of the ordinances of the City which shall constitute prima facia evidence of such ordinance before the Court and further maintain a similar certified copy on file with the Clerk serving the Circuit Court of this County.
[R.O. 2009 § 135.240; R.O. 2006 § 385.070; Ord. No. 497 § 165, 6-26-1979; Ord. No. 503 § 27, 8-20-1979; Ord. No. 1091 § 1, 5-16-1988; Ord. No. 1536 § 1, 11-18-1991; Ord. No. 1642 § 1, 12-21-1992; Ord. No. 1643 § 1, 12-21-1992; Ord. No. 1716 § 1, 10-19-1993; Ord. No. 1856 § 1, 5-16-1995; Ord. No. 1955 § 1, 4-15-1996; Ord. No. 2095 § 1, 9-15-1997; Ord. No. 2463 § 3, 4-15-2002; Ord. No 2919 § 1, 9-17-2007; Ord. No. 2920 § 1, 9-17-2007; Ord. No. 3558 § 4, 11-19-2015; Ord. No. 3870, 10-25-2018; Ord. No. 4512, 12-19-2024]
A. COURT COSTS FEES MISCELLANEOUS CHARGES SURCHARGES
Definitions. As used in this Chapter, the following words and phrases shall mean:
The total of fees, miscellaneous charges and surcharges, imposed in a particular case.
The amount charged for services to be performed by the Court.
The amounts allowed by law for services provided by individuals or entities other than the Court.
Additional charges allowed by law which are allowed for specific purposes designated by law.
B.
In addition to any fine that may be imposed by the Municipal Judge, or where the accused has been found guilty, but no fine assessed, there may be assessed as costs in all cases 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.
b.
Crime Victims' Compensation Fund. Pursuant to Section 488.5339, RSMo., a surcharge of seven dollars fifty cents ($7.50) shall be assessed and added to the basic costs in Subsection (B)(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 Subsection shall be paid at least monthly as follows:
c.
Inmate Prisoner Detainee Security Fund. Pursuant to Section 488.5026, RSMo., a two dollar ($2.00) surcharge per case shall be assessed as costs in all cases, including an infraction and violation of a municipal ordinance, to be deposited into the "Inmate Prisoner Detainee Security Fund." Notwithstanding any other provision of law, the moneys collected by the Municipal Court shall be payable to the City and deposited into the "Inmate Prisoner Detainee Security Fund." The Inmate Prisoner Detainee Security Fund 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 Detainee 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. If the amount of such surcharge is increased or decreased by an amendment to State law, the surcharge authorized to be collected hereunder shall automatically increase or decrease correspondingly.
3.
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: (1) the continuing education and certification required of the municipal judges by law or Supreme Court rule; and (2) 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.
4.
Statewide Court Automation Fund Pursuant to Section 476.056, RSMo., a fee of seven dollars ($7.00) shall be assessed, collected, and set aside for the Statewide Court Automation Fund, with all such amounts collected transmitted monthly to the Missouri Director of Revenue to the credit of the Missouri Statewide Court Automation Fund.
5.
(Reserved)
6.
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.
7.
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.
8.
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 fee, 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.).
9.
Reimbursement of costs of arrest for alcohol and drug-related traffic offenses as authorized by Section 488.5334, RSMo.
a.
Upon a plea of guilty, finding of guilt or conviction for violation of the provisions of this Code for any alcohol or drug-related traffic offense, the Municipal Court may, in addition to imposition of any penalties provided by law, order the person to reimburse the City of Fenton for the costs associated with that person's arrest for such violation.
b.
Such costs shall include the reasonable cost of making the arrest, including the cost of any chemical tests to determine the alcohol or drug content of the person's blood, and the cost of processing, charging, booking and holding such person in custody.
c.
The City Police Department may establish a schedule of such costs, however the Municipal Court may order the costs reduced if it determines that the schedule of costs is excessive given the circumstances of the case or for good cause shown.
10.
All Other Court Costs. All other Court costs, fees, miscellaneous charges and surcharges authorized or required by Statute.
C.
None of the Court costs authorized by Subsection (B) 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.
D.
The Municipal Judge may decide not to assess Court costs against a defendant in those cases where the defendant is found by the Municipal Judge to be indigent and unable to pay the Court costs.
E.
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. 2009 § 135.250; R.O. 2006 § 160.270; Ord. No. 1331 § 1, 11-20-1989; Ord. No. 3414 § 1, 4-24-2014]
The costs of any action may be assessed against the prosecuting witness and judgment be rendered against him/her, that he/she pay the same and stand committed until paid, in any case where it appears to the satisfaction of the Municipal Judge that prosecution was commenced with probable cause as determined by the Prosecuting Attorney of the City, but later determined, through the fault of the prosecuting witness, that no probable cause existed and that the complaint was issued for malicious motives.
[R.O. 2009 § 135.260; R.O. 2006 § 160.280; Ord. No. 605 § 29, 9-16-1982]
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.
[R.O. 2009 § 135.270]
A.
Any person arrested and charged with violating a traffic law of this State or a traffic ordinance of the City may, at the discretion of both the officer authorized by law or rule of court to accept bail and the person arrested, deposit his/her license to operate a motor vehicle with a member of the highway patrol or with the officer demanding bail in lieu of any other security for his/her appearance in court to answer any such charge, except when the charge is for driving while intoxicated, driving while under the influence of intoxicating liquor or drugs, leaving the scene of a motor vehicle accident, driving when his/her license is suspended or revoked, or for any charge made because of a motor vehicle accident in which a death has occurred.
B.
Notwithstanding the fact that the officer authorized by law or rule of court to accept bail authorizes the person arrested to deposit his/her license to operate a motor vehicle as his/her security for his/her appearance in court, in lieu of depositing his/her license to operate a motor vehicle, the person arrested may decline to deposit his/her license to operate a motor vehicle as security and instead deposit a bond with the officer authorized by law or rule of court to accept bail or other such officer demanding bail in the amount of fifty dollars ($50.00) per traffic offense allegedly committed. The officer shall issue a receipt for such a bond to the person and deposit the bond with the judge, court clerk, or other officer requiring security for a court appearance.
C.
The judge, court clerk or other officer requiring security for an appearance shall accept the bond or deposit of the license in lieu of bail and, if the license is accepted, shall issue a receipt to the licensee for the license upon a form approved by the Director of Revenue. The licensee may, until he/she has appeared at the proper time and place as stated in the receipt to answer the charge placed against him/her, operate motor vehicles while in possession of the receipt, and the receipt shall be accepted in lieu of the license as provided by Section 302.181, RSMo. If a continuance is requested and granted, the licensee shall be given a new receipt for his/her license.
D.
Whether or not a license to operate a motor vehicle has been deposited in lieu of bail pursuant to this Section, if the driver fails to appear at the proper time to answer the charge placed against him/her, the clerk of the court, or the judge of the court if there is no clerk, shall within ten (10) days notify the Director of Revenue of the failure to appear, and the Director shall thereafter withhold any renewal of the license or the issuance of a duplicate license to the licensee until notified by the court that the charge has been reduced to final judgment.