[Ord. No. 80-35, 9-29-1980]
All violations of the municipal ordinances and regulations of
the City of Chillicothe, Missouri, shall be heard and determined by
an Associate Circuit Judge of the Circuit Court of Livingston County,
Missouri, the County in which said City is located, pursuant to the
provisions of Chapter 479, RSMo.
[CC 1999 §9-2; Ord. No. 90-39, 11-13-1990]
There shall be established a Violations Bureau pursuant to Chapter
479, RSMo. Court costs for all cases handled and processed through
the Violations Bureau shall be assessed at the maximum amount set
forth in Chapter 479, RSMo., as now in existence or as hereinafter
amended.
A.
In
addition to any fine that may be imposed by the Municipal Judge in
any case filed in the Chillicothe Municipal Division of the 43rd 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.
Police 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 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.
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.
In addition to all other Court costs authorized by law for municipal
ordinance violations, any Judge before whom a case for municipal ordinance
violation of the City of Chillicothe, Missouri, is filed shall assess
the following additional Court costs:
a.
Two dollar ($2.00) surcharge per case for such municipal ordinance
violation for the purpose of providing operating expenses for shelter
for victims of domestic violence established pursuant to Sections
455.200 — 455.230, RSMo.
b.
The Judge in such cases may waive the assessment of the surcharge
in those cases where the defendant is found by the Judge to be indigent
and unable to pay the cost.
c.
Such surcharge shall be collected by the Clerk of the Municipal Court
and dispersed to the City at least monthly.
d.
Such surcharge shall be assessed against the defendant in any proceeding
when the proceeding or defendant has been dismissed.
5.
There shall be assessed a seven dollar ($7.00) surcharge for the
Statewide Court Automation Fund.
6.
Two dollar ($2.00) surcharge per case for such municipal ordinance
violation for the purpose of providing operating expenses for an Inmate
Security Fund established pursuant to Section 488.5026, RSMo.
a.
The Judge in such cases may waive the assessment of this surcharge
in those cases where the defendant is found by the Judge to be indigent
and unable to pay the cost.
b.
Such surcharge shall be collected by the Clerk of the Municipal Court
and dispersed to the City at least monthly.
c.
Such surcharge shall not be assessed against the defendant in any
proceeding when the proceeding or defendant has been dismissed.
7.
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.
8.
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.
9.
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.
10.
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 130.130 hereof.
11.
Judicial Education Fund. Cities by ordinance may
provide for fees in an amount per case to be set pursuant to Sections
488.010 to 488.020, RSMo., for each municipal ordinance violation
case filed before a Municipal Judge, and in the event a defendant
pleads guilty or is found guilty, the Judge may assess costs against
the defendant except in those cases where the defendant is found by
the Judge to be indigent and unable to pay the costs. The fees authorized
in this Subsection are in addition to service charges, witness fees
and jail costs that may otherwise be authorized to be assessed, but
are in lieu of other court costs. The fees provided by this Subsection
shall be collected by the Municipal Division Clerk in municipalities
electing or required to have violations of municipal ordinances tried
before a Municipal Judge pursuant to Section 479.020, RSMo., or to
employ judicial personnel pursuant to Section 479.060, RSMo., and
disbursed as provided in Subsection (1) of Section 479.080, RSMo.
Any other court costs required in connection with such cases shall
be collected and disbursed as provided in Sections 488.010 to 488.020,
RSMo.; provided that, each 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:
a.
The continuing education and certification required of the Municipal
Judges by law or Supreme Court Rule; and
b.
Judicial education and training for the Court Administrator and Clerks
of the Municipal Court.
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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 no Municipal
Court shall 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 excess funds shall be transmitted
quarterly to the General Revenue Fund of the County or Municipal Treasury.
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[CC 1999 §9-4; Ord. No. 80-35, 9-28-1980]
There shall be a Municipal Division Clerk and such additional
staff as is necessary to aid the Municipal Division Clerk. The Clerk
shall be appointed by the Associate Circuit Judge and perform such
duties as the Judge shall designate and as are requested pursuant
to Chapter 479, RSMo. The salaries of Municipal Division Clerk and
additional personnel and other expenses incidental to the operation
of their offices shall be paid by the City of Chillicothe, Missouri.
[CC 1999 §9-5; Ord. No. 80-35, 9-28-1980]
The Associate Circuit Judge may hear and determine violations
of the ordinances of the City in a courtroom provided by Livingston
County, Missouri, or, at the request of the Associate Circuit Judge,
the City of Chillicothe shall provide a suitable courtroom in which
to hold Court.
[CC 1999 §9-6; Ord. No. 80-35, 9-28-1980]
At such times as the Associate Circuit Judge is hearing and
determining violation of the ordinances of the City of Chillicothe,
Missouri, the Chief of Police or any member of the Chillicothe Police
Department designated by the Chief of Police shall serve as bailiff
to the Court.
[CC 1999 §9-7; Ord. No. 80-35, 9-28-1980]
The Associate Circuit Judge setting as Municipal Judge shall
have all powers and duties conferred upon and pursuant to Chapter
479, RSMo., as now in existence or as hereinafter amended.
[CC 1999 §9-8; Ord. No. 80-35, 9-28-1980]
The practice and procedure in the Municipal Division for the
City of Chillicothe shall be in accordance with the Statutes and laws
of the State of Missouri and the Supreme Court Rules.
[CC 1999 §9-9; Ord. No. 91-58, 9-30-1991]
A.
Whenever
any person or organization has been found guilty of a violation of
the Code of Ordinances of the City of Chillicothe, Missouri, or any
ordinance of the City or violating said Code or ordinance, the Court
shall make one (1) or more of the following dispositions of the offender
in any appropriate combination. The Court may:
1.
Sentence the person to a term of confinement as authorized by this
Code;
2.
Sentence the person or organization to pay a fine as authorized by
this Code;
3.
Sentence the person or organization to both a term of confinement
and a fine as authorized by this Code;
4.
Suspend the imposition of sentence, with or without placing the person
or organization on probation;
5.
Pronounce sentence and suspend its execution, placing the person
or organization on probation.
B.
The
Court may place a person on probation for a specific period upon conviction
of any offense or upon suspending imposition of sentence if, having
regard to the nature and circumstances of the offense and to the history
and character of the person, the Court finds the person eligible for
probation.
C.
The
Court shall designate a specific term of probation at the time of
sentencing or at the time of suspension of imposition of sentence.
Probation may be for a term not to exceed two (2) years in duration.
D.
A term
of probation commences on the day it is imposed. The Court may terminate
a period of probation and discharge the defendant at any time before
completion of the specific term fixed under this Code if warranted
by the conduct of the defendant and the ends of justice. Procedures
for termination and discharge may be established by rule of Court.
[CC 1999 §9-10; Ord. No. 80-18, 4-14-1980]
A.
When
an offender is sentenced to pay a fine, the Court may provide for
the payment to be made within a specified period of time or in specified
installments. If no such provision is made a part of the sentence,
the fine shall be payable forthwith. When an offender is sentenced
to pay a fine, the Court shall not impose at the same time an alternative
sentence to be served in the event that the fine is not paid. The
response of the Court to non-payment shall be determined only after
the fine has not been paid as provided by and in this Chapter.
B.
When
an offender sentenced to pay a fine defaults in the payment of the
fine or in any installment, the Court upon motion of the City Attorney
or upon its own motion may require him/her to show cause why he/she
should not be imprisoned for non-payment. The Court may issue a warrant
of arrest or a summons for his/her appearance.
C.
Following
an order to show cause under this Chapter, unless the offender shows
that his/her default was not attributable to an intentional refusal
to obey the sentence of the Court or not attributable to a failure
on his/her part to make a good faith effort to obtain the necessary
funds for payment, the Court may order the defendant imprisoned for
a term not to exceed thirty (30) days. The Court may provide in its
order that payment or satisfaction of the fine at any time will entitle
the offender to his/her release from such imprisonment or, after entering
the order, may at any time reduce the sentence for good cause shown,
including payment or satisfaction of the fine.
D.
If
it appears that the default in the payment of a fine is excusable
under the standards set forth in this Chapter, the Court may enter
an order allowing the offender additional time for payment, reducing
the amount of the fine or of each installment or revoking the fine
or the unpaid portion in whole or in part.
E.
When
a fine is imposed on a corporation, it is the duty of the person or
persons authorized to make disbursement of the assets of the corporation
and their superiors to pay the fine from the assets of the corporation.
The failure of such persons to do so shall render them subject to
imprisonment under the Sections of this Chapter.
F.
Upon
default in the payment of a fine or any installment thereof, the fine
may be collected by any means authorized for the enforcement of money
judgments.
G.
A defendant
who has been sentenced to pay a fine may at any time petition the
sentencing Court for a revocation of a fine or any unpaid portion
thereof. If it appears to the satisfaction of the Court that the circumstances
which warranted the imposition of the fine no longer exist or that
it would otherwise be unjust to require payment of the fine, the Court
may revoke the fine or the unpaid portion in whole or in part or may
modify the method of payment.
[1]
State Law References — For state law provisions, §§560.031,
560.036, 560.076, RSMo.
[CC 1999 §9-11]
Except as otherwise provided by law, prosecutions must be commenced
within six (6) months.
[CC 1999 §9-12; Ord. No. 2006-98 §1, 10-9-2006]
A.
In
addition to all other Court costs authorized by law for municipal
ordinance violations, any Judge before whom a case is filed shall
assess the following listed Court costs:
1.
Service of any warrant, the sum of twenty dollars ($20.00);
2.
Service of any summons, subpoena, writ or any other order of Court
in connection with any municipal case and making on the same either
a return indicating service or a non-est return (not found or served),
the sum of fifteen dollars ($15.00);
3.
In addition to the above charges, the Chief of Police of said City
traveled outside the City limits for serving any warrant, writ, summons,
subpoena or picking up any prisoner for Municipal Court, a sum equal
to the IRS published rate for mileage as of the date of service;
4.
Witness fees shall be the same as those fixed for witnesses in trials
before Associate Circuit Judges;
5.
Jail costs shall be the same per day rate that the City pay to house
any prisoner as charged by the appropriate County Jail.
B.
The
charges above provided for shall be taxed as other costs in ordinance
violation cases immediately after conviction of any defendant or the
finding of the ordinance violation.
C.
The
Clerk of said Court shall collect and disburse said costs to the City
of Chillicothe each month.
[CC 1999 §§27-425 — 27-428; Ord. No. 92-78, 9-28-1992]
A.
Reimbursement Of Costs. Upon a plea of guilty, finding of guilt or conviction for violation of the provisions of Chapter 342 (alcohol- or drug-related traffic offenses), the Court may, in addition to imposition of any penalties provided by law, order the person to reimburse law, enforcement authorities for the costs associated with such arrest.
B.
Determination Of Costs. 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.
Schedule Of Costs. Law enforcement authorities may establish
a schedule of such costs for submission to the Court; however, the
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.
D.
Collection Of Costs. These fees shall be calculated as additional
costs by the Municipal Division of the Circuit Court and shall be
collected by the Court in the same manner as other costs and fees
are collected and remitted to the City Treasurer.