[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.
[Ord. No. 2022-03, 1-31-2022]
A.
Search Warrant Defined — Who May Issue, Execute.
1.
An administrative search warrant is a written order of the judge
of the Municipal Division of the Circuit Court of Livingston County
(the "Municipal Judge") commanding the search or inspection of any
property, place or thing, and the seizure, photographing, copying
or recording of property or physical conditions found thereon or therein,
to determine or prove the existence of violations of any ordinance
or code section of the Code of the City of Chillicothe, Missouri,
relating to the use, condition or occupancy of property or structures
located within the City of Chillicothe, Missouri, or to enforce the
provisions of any such ordinance or Code Section.
2.
The Municipal Judge, having original and exclusive jurisdiction
to determine violations against the ordinances of the City of Chillicothe,
Missouri, may issue an administrative search warrant when:
a.
The property or place to be searched or inspected or the thing
to be seized is located within the City of Chillicothe, Missouri,
at the time of the making of the application; and
b.
The owner or occupant of the property or place to be searched
or inspected or the thing to be seized has refused to allow the same
after official request by the City of Chillicothe, Missouri, Codes
Enforcement Officer or his/her designee.
3.
Any such warrant shall be directed to the Chief of Police or
any other Chillicothe, Missouri, Police Officer, and shall be executed
by the Chief of Police or said Police Officer within the Chillicothe,
Missouri, City limits and not elsewhere.
B.
Who May Apply For Warrant — Contents Of Application.
1.
Any Police Officer or an attorney for the City of Chillicothe,
Missouri, may make application to the Municipal Judge for the issuance
of an administrative search 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 or places to be entered, searched, inspected
or seized in sufficient detail and particularity that the officer
executing the warrant can readily ascertain it;
d.
State that that owner or occupant of the property or places
to be entered, searched, inspected or seized has been requested by
the City of Chillicothe, Missouri, Codes Enforcement Officer or his/her
designee to allow such action and has refused to allow such action;
e.
State facts sufficient to show probable cause for the issuance
of a search warrant, as provided in Subsection (c)(1) hereof, to:
(1)
Search or inspect for violations of an ordinance
or Code Section specified in the application; or
(2)
Show that entry or seizure is authorized and necessary
to enforce an ordinance or Code Section specified in the application
and that any required due process has been afforded prior to the entry
or seizure;
f.
Be verified by the oath or affirmation of the application; and
g.
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 search warrant
and in filling out any deficiencies in the description of the property
or place to be searched or inspected. Oral testimony shall not be
considered.
C.
Hearing And Procedure — Contents Of Warrant — Execution
And Return.
1.
Hearing And Procedure.
a.
The Municipal Judge shall hold a non-adversary hearing to determine
whether probable cause exists to inspect or search for violations
of any City of Chillicothe, Missouri, ordinance or Code Section, or
to enforce any such ordinance or Code Section.
b.
In doing so, the Municipal Judge shall determine whether the
action to be taken by the City of Chillicothe, Missouri, Codes Enforcement
Officer or his/her designee 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 violation of any
relevant City of Chillicothe, Missouri, ordinance or Code Section
and the passage of time since the property's last inspection.
The standard for issuing a warrant need not be limited to actual knowledge
of an existing violation of a City of Chillicothe, Missouri ordinance
or Code Section.
c.
If it appears from the application and any supporting affidavit,
if any, that there is probable cause to inspect or search for violations
of any City of Chillicothe, Missouri, ordinance or Code Section, or
to enforce any such ordinance or Code Section, a search 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 copy of
the warrant as issued shall be retained in the records of the Municipal
Court.
2.
Contents Of Search Warrant. The search warrant shall:
a.
Be in writing and in the name of City of Chillicothe, Missouri,
Codes Enforcement Officer or his/her designee;
b.
Be directed to any Police Officer in the City of Chillicothe,
Missouri;
c.
State the time and date the warrant was issued;
d.
Identify the property or places to be searched, inspected or
entered upon in sufficient detail and particularity that the officer
executing the warrant can readily ascertain it;
e.
Command that the described property or places to be searched
or entered upon, and that any evidence of any City of Chillicothe,
Missouri, ordinance violations found therein or thereon, or any property
seized pursuant thereto, or a description of such property seized,
be returned, within ten (10) days after filing of the application,
to the Municipal Judge who issued the warrant, 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 search warrant issued under this Section shall be executed
only by a Chillicothe, Missouri, Police Officer; provided, however,
that one (1) or more designated City of Chillicothe, Missouri, officials
may accompany the officer, and the warrant shall be executed in the
following manner:
(1)
The warrant shall be executed by conducting the
search, inspection, entry or seizure as commanded and shall be executed
as soon as practicable and in a reasonable manner.
(2)
The officer shall give the owner or occupant of
the property searched, inspected or entered upon a copy of the warrant
if such owner or occupant can be located or if not then a copy of
the warrant shall be left at the property in a conspicuous place.
(3)
If any property is seized incident to the search:
(a)
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 of Chillicothe,
Missouri, within two (2) working days of the search.
(c)
The disposition of property seized pursuant to
a search warrant under this Section shall be in accordance with applicable
City of Chillicothe, Missouri, ordinance or Code Section, but in the
absence of same, then with Section 542.301, RSMo.
(4)
The officer may summon as many persons as he deems
necessary to assist him/her in executing the warrant, and such persons
shall not be held liable as a result of any illegality of the search
and seizure.
(5)
An officer making a search pursuant to an invalid
warrant, the invalidity is not apparent on its face, may use such
force as he would be justified in using if the warrant were valid.
(6)
A search warrant shall expire if it is not executed
and the required return made within ten (10) days after the date of
making of the application.
b.
After execution of the search warrant:
(1)
The warrant, with a return thereon signed by the
officer making the search, shall be delivered to the Municipal Court.
(2)
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 or places searched or seized.
(3)
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.
Warrant Invalid; When. A search 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 or places in Chillicothe,
Missouri;
5.
If it does not describe the property or places to be searched,
inspected, entered upon or seized with sufficient certainty;
6.
If it is not signed by the judge who issued it; or
7.
If it was not executed and the required return made within ten
(10) days after the date of the making of the application.
