[CC 1991 §9-41; Ord. No. 585 §1, 8-8-1978]
A.
Any
person arrested for violation of any City ordinance may be admitted
to bail by executing a bond to the City, with sufficient security
to be approved by:
[Ord. No. 2013-1713 §2, 10-15-2013]
1.
The Municipal Judge;
2.
The Clerk of the Court;
3.
The Chief of Police; or
4.
The Police Officer of the City in charge of the desk at the Police
Station in accordance with written instructions of the Judge posted
in the Police Station, conditioned that such person will appear on
the day therein stated before the Court to answer the charge against
him/her.
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Such bond shall be in a sum of not less than twenty-five dollars
($25.00) and not more than one thousand dollars ($1,000.00). All bonds
so taken shall forthwith be filed with the Municipal Judge by the
person taking the same. The Court Clerk shall maintain an escrow account
for the deposit and safekeeping of all cash bonds with bonds to be
kept in said escrow account until ten (10) days after the final disposition
of the case by the Court.
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B.
Whenever
any person shall be arrested and brought before the Municipal Court,
and for any cause, the trial be postponed to a time certain, such
person may be required to enter into a recognizance with security,
to be approved by the Court, at the time and place appointed then
and there to answer complaint alleged against him/her.
C.
If
any person arrested or brought before the Court aforesaid shall fail
or refuse to enter into recognizance, he/she shall be committed to
Jail and held to answer the information filed against him/her.
[CC 1991 §9-42; Ord. No. 585 §2, 8-8-1978]
Whenever any defendant shall fail to appear according to the
condition of any bond, or having appeared, shall leave the Court without
awaiting trial, such bond shall be considered forfeited, and the Judge
will enter the default upon his/her docket, and the recognizance shall
thereupon be adjudged forfeited.
[CC 1991 §9-43; Ord. No. 585 §3, 8-8-1978]
When judgment of forfeiture shall be entered, the Judge shall
issue a citation to the defendant and his/her sureties in the recognizance,
reciting therein that default has been made by defendant, and judgment
of forfeiture rendered upon said recognizance, and that unless the
defendant and his/her sureties appear before the Judge at a day and
time designated in said citation and show cause to the contrary, judgment
shall be entered against them for the full amount of said recognizance,
with costs, and execution issued therefor. Such citation may be in
the following form:
CITY OF FRONTENAC
TO: _________________________________, _________________________________
and _________________________________.
Said ________________________ as principal and said ________________________
and ________________________ as his/her sureties, having acknowledged
themselves by a proper recognizance, to owe and be indebted to the
City of Frontenac in the sum of ________________________ dollars,
to be levied of their respective goods, chattels and effects, but
to be void on condition that said ________________________ should
be and appear before ________________________, Municipal Judge of
the City of Frontenac, on the __________ day of ________________________,
19___, to answer a charge of ________________________and not depart
without leave of the Court; and said ________________________, having
made default in the condition of said recognizance, and judgment of
forfeiture having been entered thereon by said Judge against the said
________________________ and ________________________ on the __________
day of ________________________, 19___, you are therefore commanded
to appear before ________________________, Judge of Municipal Court
as aforesaid, at his/her Court in the City of Frontenac, 10555 Clayton
Road, St. Louis County, Missouri, on the __________ day of ________________________,
19___, at ________________________ o'clock of said day, and show cause,
if any you have, why judgment should not be rendered by such Judge
against you upon said recognizance forfeited, as aforesaid, for the
full amount thereof, to wit: ________________________ dollars, and
for costs.
Given under my hand this __________ day of ________________________,
19___.
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Judge of the Municipal Court
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Such citation shall be served on the defendants therein as a
summons is served in civil cases at least fifteen (15) days before
the return thereof.
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[CC 1991 §9-44; Ord. No. 585 §4, 8-8-1978]
When such citation shall have been served upon the defendants
therein, or any of them, as directed in the preceding paragraph, the
Judge shall, unless good cause be shown against it, proceed in a summary
manner to render judgment against the defendant and his/her sureties
in such recognizance for the amount of the same with costs. If any
of said defendants have not been served, or not served in time, the
Judge may continue the case to a day certain, and issue another citation
to the parties not served, or may dismiss as to those not served,
and proceed to final judgment against those served as hereinbefore
directed.
[CC 1991 §9-45; Ord. No. 585 §5, 8-8-1978]
Any defendant against whom a judgment may be rendered upon a
forfeited recognizance may appeal from such judgment at any time within
ten (10) days after the rendition of the judgment, by filing an affidavit
stating that he/she verily believes himself/herself injured and aggrieved
by the judgment and by filing a recognizance bond with sufficient
sureties, in the form and with the condition required in appeals from
other Municipal Court judgments.
[CC 1991 §9-46; Ord. No. 585 §6, 8-8-1978]
The forfeiture of any recognizance may be set aside on the appearance
of defendant, or upon his/her being brought into Court by his/her
sureties, within ten (10) days from the judgment of forfeiture, and
upon payment of all costs that have accrued.
[CC 1991 §9-47; Ord. No. 585 §7, 8-8-1978]
Ten (10) days after forfeiture has been declared, the bond money
shall be transferred from the escrow account of the Court Clerk to
the City Treasury to the credit of the General Funds of the City.
[CC 1991 §9-48; Ord. No. 585 §8, 8-8-1978]
When the condition of the bond has been satisfied, or the forfeiture
thereof has been set aside, and there is a deposit of cash in the
amount of the bond or a timely surrender of the defendant into custody,
the Court shall exonerate the obligers and release any bail. A surety
may be exonerated before forfeiture of the bond by a deposit of cash
in the amount of the bond or by timely surrender of the defendant
into custody.
