[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.
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:
Costs of Court in the amount of fifteen dollars ($15.00).
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.
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.
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.
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:
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:
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.
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.
Such surcharge shall be collected by the Clerk of the Municipal Court and dispersed to the City at least monthly.
Such surcharge shall be assessed against the defendant in any proceeding when the proceeding or defendant has been dismissed.
There shall be assessed a seven dollar ($7.00) surcharge for the Statewide Court Automation Fund.
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.
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.
Such surcharge shall be collected by the Clerk of the Municipal Court and dispersed to the City at least monthly.
Such surcharge shall not be assessed against the defendant in any proceeding when the proceeding or defendant has been dismissed.
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.
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.
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.
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.
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:
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 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.
[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]
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:
Sentence the person to a term of confinement as authorized by this Code;
Sentence the person or organization to pay a fine as authorized by this Code;
Sentence the person or organization to both a term of confinement and a fine as authorized by this Code;
Suspend the imposition of sentence, with or without placing the person or organization on probation;
Pronounce sentence and suspend its execution, placing the person or organization on probation.
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.
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.
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]
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.
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.
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.
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.
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.
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.
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.
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]
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:
Service of any warrant, the sum of twenty dollars ($20.00);
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);
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;
Witness fees shall be the same as those fixed for witnesses in trials before Associate Circuit Judges;
Jail costs shall be the same per day rate that the City pay to house any prisoner as charged by the appropriate County Jail.
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.
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]
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.
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.
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.
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.