Editor's Note: Ord. No. 4520, enacted 6-12-2018, with an effective date of January 1, 2020, dissolves the Municipal Division of the City of Festus and directs that violations of the City's ordinances be adjudicated by a Circuit Judge or Associate Circuit Judge of the Twenty-Third Judicial Circuit Court. This ordinance will be included in the Code with the first supplement following the January 1, 2020 effective date.
Cross References — As to administration, ch. 110; as to offenses against administration of justice, §§210.060 et seq.; as to police, ch. 200; as to streets, sidewalks and other public places, ch. 510.
State Law Reference — Courts in third class cities, §§98.320 et seq., RSMo.
[Ord. No. 4520, 6-12-2018[1]]
Effective January 1, 2020, all ordinance violations of the City of Festus shall be adjudicated in a division of the Twenty-Third Judicial Circuit before an Associate Circuit Judge or Circuit Judge. Any case pending in the Festus Municipal Court on January 1, 2020, shall be transferred to the Associate Circuit Judge or Circuit Judge assigned by the Presiding Judge to adjudicate ordinance violations of the City of Festus in the manner provided by State Statute and Missouri Supreme Court Rule.
[1]
Editor's Note: Former Chapter 130, containing Sections 130.010 through 130.310, was repealed effective 1-1-2020.
[Ord. No. 4520, 6-12-2018]
It shall be the duty of an attorney designated by the City to prosecute the violations of the City's ordinances before the Associate Circuit Judge or before any Circuit Judge hearing violations of the City's ordinances. The salary or fees of the attorney and his/her necessary expenses incurred in such prosecutions shall be paid by the City. The compensation of such attorney shall not be contingent upon the result in any case.
[Ord. No. 4520, 6-12-2018]
In addition to the forfeiture of any bond or security which was given or pledged for his/ her release, any person who, having been released upon a recognizance, a promise to appear or a bond pursuant to any other provision of law, knowingly fails to appear before a Judge hearing a municipal ordinance violation case, as required, shall be guilty of an ordinance violation and may be punished by a fine not to exceed two hundred dollars ($200.00), plus Court costs. No additional charge of failure to appear shall be filed if a defendant fails to appear for a minor traffic violation.
[Ord. No. 4520, 6-12-2018]
A. 
When a fine is assessed for violating an ordinance, it shall be within the discretion of the Judge to provide for the payment of the fine on an installment basis under such terms and conditions as the Judge may deem appropriate.
B. 
In the prosecution of violations of municipal ordinances before an Associate Circuit Judge, all fines shall be paid to and deposited not less frequently than monthly into the treasury of the City of Festus and all Court costs shall be accounted for and remitted to the State Treasury in the same manner as provided by law for costs in misdemeanor cases.
C. 
All delinquent fines, Court costs, and other fees authorized by this Chapter may be collected by the Missouri Court Debt Collection Program, as authorized by Missouri Supreme Court Operating Rule 21.07, and/or the Missouri Court Tax Offset Program, as authorized by Missouri Supreme Court Operating Rule 21.06, in the manner provided by a formal administrative plan adopted by the Jefferson County Circuit Court, as authorized by Missouri Supreme Court Operating Rule 21.11, or any other manner authorized by Statute or Court rule.
[Ord. No. 4520, 6-12-2018]
A. 
In addition to any fine that may be imposed by the Judge, there shall be assessed as costs in all cases the following:
1. 
Court costs in the amount of fifteen dollars ($15.00) as authorized by Section 488.012, RSMo., and Missouri Supreme Court Operating Rule 21.01(a)(5).
2. 
State Court Automation Surcharge in the amount of seven dollars ($7.00), pursuant to Section 488.027, RSMo.
3. 
Witness fees and mileage as authorized by Sections 488.035 and 491.280, RSMo., bad check fees as authorized by Section 570.120, RSMo., fees for postage and for copies as provided by local Court rule, any other applicable costs specifically authorized by Missouri Supreme Court Operating Rule 21.
4. 
For any fine not paid in full within thirty (30) days of disposition a twenty-five dollar ($25.00) time payment fee, as authorized by Missouri Supreme Court Operating Rule 21.13.
[Ord. No. 4520, 6-12-2018; Ord. No. 4582, 6-10-2020]
A. 
Pursuant to Section 488.5336, RSMo., the official responsible for collecting Court costs and fines shall assess a surcharge of three dollars ($3.00) for each violation of the ordinances of the City, provided that no such fee shall be assessed when the proceeding or defendant has been dismissed or if the defendant is found to be indigent.
B. 
Two dollars ($2.00) of such surcharge shall be transmitted monthly to the Treasurer of the City to be used locally for training Law Enforcement Officers. One dollar ($1.00) of such surcharge shall be deposited into the Peace Officer Standards and Training Commission Fund to be used Statewide for training Law Enforcement Officers.
[Ord. No. 4520, 6-12-2018]
A. 
Pursuant to Section 488.5339, RSMo., there shall be assessed as a surcharge of seven dollars fifty cents ($7.50) as costs in any Court proceeding filed for violation of a municipal ordinance, except that no such surcharge shall be collected when the proceeding or the defendant has been dismissed or if the defendant is found to be indigent.
B. 
The monies collected by the Clerk of the Court pursuant to Subsection (A) of this Section shall be paid monthly as follows:
1. 
Ninety-five percent (95%) (seven dollars thirteen cents ($7.13) of each fee) to the Director of the Missouri Department of Revenue.
2. 
Five percent (5%) (thirty-seven cents ($0.37) of each fee) to the Treasury of the City of Festus.
[Ord. No. 4520, 6-12-2018]
A. 
In addition to any fine that may be imposed by the Judge, there shall be assessed as a surcharge of four dollars ($4.00) as an additional fee per case as authorized pursuant to Section 488.607, RSMo., Battered Persons Shelter Fund.
B. 
Such cost shall be collected by the Clerk of the Court and disbursed to the County at least monthly by forthwith paying the same to the County Treasurer.
[Ord. No. 4520, 6-12-2018]
A. 
Pursuant to Section 488.5334, RSMo., upon a plea of guilty, finding of guilt or conviction for violation of the provisions of Sections 342.020 — 342.030 (alcohol- and 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. 
Such costs shall include the reasonable cost of making the arrest, including the costs 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. 
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. 
These fees shall be calculated as additional costs by the 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.