[Ord. No. 16-557 § 1, 5-9-2016; Ord. No. 23-006, 6-12-2023]
A. There is hereby re-established in the Village of Marlborough a Municipal
Court, to be known as the "Village of Marlborough Municipal Court,
a Division of the 21st Judicial Circuit Court of the State of Missouri."
B. All
violations of the Village of Marlborough's municipal ordinances shall
be prosecuted, heard, and determined in the St. Louis County Municipal
Court.
C. The Village of Marlborough elects and the Chairman is authorized
to enter into a contract, by ordinance duly approved, with St. Louis
County to have the St. Louis County Municipal Court provide all personnel,
services, equipment, and facilities necessary for the hearing and
determination of the Village's ordinance violations set in the St.
Louis County Municipal Court pursuant to Section 479.040.4, RSMo.,
and any other applicable St. Louis County ordinances or State law.
[Ord. No. 16-557 § 1, 5-9-2016; Ord.
No. 23-006, 6-12-2023]
A. Definitions. As used in this Chapter, the following words and phrases
shall mean:
COURT COSTS
All fees, miscellaneous charges, and surcharges, imposed
in a particular case.
FEES
The amount charged for services to be performed by the Court.
MISCELLANEOUS CHARGES
The amounts allowed by law for services provided by individuals
or entities other than the Court.
SURCHARGES
Additional charges allowed by law which are allowed for specific
purposes designated by law.
B. In addition to any fine that may be imposed by the Municipal Judge
in any case filed in the Marlborough Municipal Division of the 21st
Judicial Circuit Court (the "Municipal Court" or "Court"), and in
addition to all other fees authorized or required by law, the Municipal
Court is authorized to the extent permitted by State law to assess
as Court costs the following:
1.
Costs. Costs of operating the Municipal Court in the amount
of twelve dollars ($12.00) pursuant to Court Operating Rule 21.01(a)(5).
2.
Surcharges.
a.
Court Automation Fee. There shall be assessed a surcharge of
seven dollars ($7.00) for the Statewide Court Automation Fund.
b.
Police Officer Training. Pursuant to Section 488.5336, RSMo.,
a surcharge 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. The Court shall distribute the surcharge as follows:
(1) Two dollars ($2.00) shall be transmitted monthly
to the Treasurer of the Village and used to pay for Police Officer
training as provided by Sections 590.100 to 590.180, RSMo. The Village
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 Village. Any
excess funds shall be transmitted quarterly to the Village's General
Fund.
(2) One dollar ($1.00) 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.
c.
Crime Victims' Compensation Fund. Pursuant to Section 488.5339, RSMo., a surcharge of seven dollars fifty cents ($7.50) shall be assessed and added to the basic costs in Subsection
(B)(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 Subsection shall be paid at least monthly as follows:
(1) Ninety-five percent (95%) shall be paid to the
Director of Revenue of the State of Missouri for deposit as provided
in Section 595.045.5, RSMo.
(2) Five percent (5%) shall be paid to the Village
Treasury.
d. Inmate Prisoner Detainee Security Fund. Pursuant to Section 488.5026, RSMo.,
a surcharge of two dollars ($2.00) per case shall be assessed as costs
in all cases, including an infraction and violation of a municipal
ordinance, to be deposited into the "Inmate Prisoner Detainee Security
Fund." Notwithstanding any other provision of law, the moneys collected
by the Municipal Court shall be payable to the Village and deposited
into the "Inmate Prisoner Detainee Security Fund." The Inmate Prisoner
Detainee Security Fund shall be utilized to acquire and develop biometric
verification systems and information sharing to ensure that inmates,
prisoners or detainees in a holding cell facility or other detention
facility or area which hold persons detained only for a shorter period
of time after arrest or after being formally charged can be properly
identified upon booking and tracked within the local law enforcement
administration system, criminal justice administration system or the
local jail system. Upon the installation of the information sharing
or biometric verification system, funds in the Inmate Prisoner Detainee
Security Fund may also be used for the maintenance, repair and replacement
of the information sharing or biometric verification system, and to
pay for any expenses related to detention, custody, and housing and
other expenses for inmates, prisoners, and detainees. If the amount
of such surcharge is increased or decreased by an amendment to State
law, the surcharge authorized to be collected hereunder shall automatically
increase or decrease correspondingly.
e.
Shelters For Battered Persons. Pursuant to Section 488.607,
RSMo., a surcharge of two dollars ($2.00) shall be assessed for the
violation of the Municipal Code. Any such surcharge shall be collected
and disbursed as provided in 488.607, RSMo., and shall only be used
for the purpose of providing operating expenses for shelters for battered
persons as defined in Sections 455.200 to 455.230, RSMo.
3.
Reimbursement Of Certain Costs Of Arrest; Alcohol- Or Drug-Related Traffic Offenses. As authorized by Section 488.5334, RSMo., upon a plea or a finding of guilty of violating the provisions of Chapter
342 of this Municipal Code or any Code Section involving alcohol- or drug-related traffic offenses, the Court is authorized to, in addition to imposition of any penalties provided by law, order the convicted person to reimburse the Police Department for the costs associated with such arrest. Such costs hereby authorized shall include the reasonable cost of making the arrest, including the cost of any chemical test made as authorized or required by law or ordinance to determine the alcohol or drug content of the person's blood, and the costs of processing, charging, booking, and holding such person in custody.
4.
Judicial Education Fund And Appointed Counsel Fund. If, pursuant
to Section 479.260, RSMo., the Municipal Court has established a Judicial
Education Fund and an Appointed Counsel Fund, each in separate accounts
under the control of the Municipal Court, the Court shall 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 in accordance
with Section 479.260, RSMo.
5.
Non-Negotiable Instrument Fee. A fee of four dollars ($4.00)
for accepting payments of Court costs by means other than by cash
or negotiable instrument should the Municipal Court, by local Court
rule, elect to accept payments of Court costs by means other than
by cash or negotiable instrument.
6.
Postage And Copies. Pursuant to Court Operating Rule 21.01(22)
and Section 610.026, RSMo., the Court may charge reasonable fees for
postage and per copied page as provided by local Court rule or order.
7.
Bad Checks. The Court may collect a reasonable service charge
from an individual who wrote a bad check to the Court for payment
of Court costs or other moneys to be collected by the Court, not to
exceed twenty-five dollars ($25.00), plus an amount equal to the actual
charge by the bank for the return of each unpaid or dishonored check.
Bad check fee collections should be distributed at least monthly to
the Village.
8.
All Other Court Costs. All other Court costs, fees, miscellaneous
charges, and surcharges required by Statute are imposed.
C. None of the Court costs authorized by Subsection
(B) above shall be collected in any proceeding involving an ordinance violation when the proceeding or defendant has been dismissed by the Court or when costs are waived or are to be paid by the Village.
D. The Municipal Court may decide not to assess Court costs against
a defendant in those cases where the defendant is found by the Municipal
Court to be indigent and unable to pay the Court costs.
E. If the Statutory authority for any Court cost, fee, miscellaneous
charge and/or surcharge authorized by the Board of Trustees herein
is repealed by the State legislature or is now or in the future found
by a Court of competent jurisdiction to be an unauthorized Court cost,
fee, miscellaneous charge or surcharge, then the Board of Trustee's
grant of authority for such Court cost, fee, miscellaneous charge
or surcharge shall be automatically repealed and held for naught.
Notwithstanding any provision of law, Supreme Court Rule, or
Court Operating Rule, in a proceeding for a municipal ordinance violation
or any other proceeding before a Municipal Court if the charge carries
the possibility of fifteen (15) days or more in jail or confinement,
a defendant shall not be charged any fee for obtaining a police report,
probable cause statement, or any video relevant to the traffic stop
or arrest. Such police report, probable cause statement, or video
shall be provided by the prosecutor upon written request by the defendant
for discovery.