[R.O. 2007 § 130.010; CC 1979 § 17-1; Ord. No. 442 § 2, 10-26-1978]
There is hereby established in the
City a Municipal Court, to be known as "the City of St. Peters Municipal
Court, a Division of the Eleventh Judicial Circuit Court of the State
of Missouri". This Court is a continuation of the Police Court of
the City as previously established and is termed in this Chapter "the
Municipal Court".
[R.O. 2007 § 130.020; CC 1979 § 17-2; Ord. No. 442 § 3, 10-26-1978]
Violations of municipal ordinances
shall be heard and determined only before divisions of the Circuit
Court as hereinafter provided in this Chapter. The term "heard and
determined," for purposes of this Chapter, shall mean any process
under which the Court in question retains the final authority to make
factual determinations pertaining to allegations of a municipal ordinance
violation.
[R.O. 2007 § 130.030; CC 1979 § 17-3; Ord. No. 442 § 8, 10-26-1978]
The Municipal Court shall be subject
to the rules of the Circuit Court of which it is a part and to the
rules of the State Supreme Court. The Municipal Court shall be subject
to the general administrative authority of the Presiding Judge of
the Circuit Court, and the Judge and Court personnel of such Court
shall obey his/her directives.
[R.O. 2007 § 130.040; CC 1979 § 17-4; Ord. No. 442 § 4, 10-26-1978]
The Judge of the City's Municipal
Court shall be known as a Municipal Judge of the Eleventh Judicial
Circuit Court and shall be elected to his/her position by the qualified
voters of the City, for a term as specified in this Chapter.
[R.O. 2007 § 130.050; CC 1979 § 17-5; Ord. No. 442 § 5, 10-26-1978; Ord. No. 3555 § 1, 10-25-2001]
The Municipal Judge shall hold his/her
office for a term of four (4) years, effective at and after the general
municipal election held in the City in April, 2003, and shall take
office every four (4) years beginning on the first Tuesday in April,
2003, and thereafter. If, for any reason, the Municipal Judge vacates
his/her office, his/her successor shall complete that term of office,
even if such term is for less than four (4) years.
[R.O. 2007 § 130.055; Ord. No. 3555, 10-25-2001]
The salary of the Municipal Judge
shall be established from time to time by ordinance.
[R.O. 2007 § 130.060; CC 1979 § 17-6; Ord. No. 442 § 6, 10-26-1978]
A.
The Municipal Judge shall vacate his/her
office under the following circumstances:
[R.O. 2007 § 130.070; CC 1979 § 17-7; Ord. No. 442 § 7, 10-26-1978]
A.
The Municipal Judge shall possess the following
qualifications before he/she shall take office:
1.
He/she must be a licensed attorney,
qualified to practice law within the State.
2.
He/she must reside within the City
and be a resident for a period of one (1) year prior to election and
remain a resident for the term of office.
3.
He/she must be a resident of the
State.
4.
He/she must be between the ages of
twenty-one (21) and seventy-five (75) years.
5.
He/she may serve as Municipal Judge
for any other municipality.
6.
He/she may not hold any other office
within the City Government.
B.
He/she shall be considered as holding a
part-time position and may accept other employment within the requirements
of the Code of Judicial Conduct, Missouri Supreme Court Rule 2.
C.
If no qualified person is a candidate for or elected to the office of Municipal Judge, the Mayor, by and with the consent of the Board of Aldermen, shall appoint a person possessing the qualifications set forth in this Section, with the exception of Subsection (A)(2).
D.
No Municipal Judge shall serve as a Municipal
Judge in more than five (5) municipalities at one (1) time. A Court
that serves more than one (1) municipality shall be treated as a single
municipality for the purposes of this Subsection.
[R.O. 2007 § 130.080; CC 1979 § 17-8; Ord. No. 442 § 11, 10-26-1978; Ord. No. 2444 § 1, 3-26-1996]
A.
The Municipal Judge of the St. Peters Municipal
Court:
1.
Shall administer oaths and enforce
due obedience to all orders, rules and judgments made by him/her and,
consistent with Sections 476.110 to 476.140, RSMo., as amended, fine
and imprison for contempt committed before him/her while holding Municipal
Court, in the same manner and to the same extent as a Circuit Judge,
if such person or persons be guilty of:
[Ord. No. 7232, 11-14-2019]
a.
Disorderly, contemptuous or insolent
behavior committed during the Municipal Court's session, in the Municipal
Court's immediate view and presence, and directly tending to interrupt
its proceeding or to impair the respect due to its authority;
b.
Any breach of the peace, noise or
other disturbance directly tending to interrupt the judicial proceedings;
c.
Willful disobedience of any order,
rule or process lawfully issued or made by the Municipal Court; or
d.
Resistance willfully offered to the
lawful order or process of the Municipal Court; and
e.
The contumacious and unlawful refusal
of any person to be sworn as a witness, or, when so sworn, to refuse
to answer any legal and proper interrogatory.
2.
May commute the term of any sentence,
stay execution of any fine or sentence, suspend any fine or sentence
and make such other orders as the Municipal Judge deems necessary
relative to any matter that may be pending in the Municipal Court.
3.
Shall establish a Traffic Violations
Bureau as provided for in the Missouri Rules of Practice and Procedure
in Municipal and Traffic Courts and Section 479.050, RSMo.
4.
Shall periodically review the data
entry function of the Court's automated Court docketing; the preparation
of the monthly reports of the Court's cases and dispositions, fines,
costs, training fees and crime victims' compensation; and the accounting
for all funds collected by the Municipal Court and maintenance of
appropriate records of the Court's fiscal activities. Requirements
necessary to fulfill the obligations of this Chapter shall be documented
and communicated to the Court Clerk and the City Administrator for
implementation.
5.
May assist in preparation of annual
budgetary proposals relating to the operations of Municipal Court
and presentation to the City in conjunction with the City Budget Officer
for submittal to the Board of Aldermen.
6.
May provide annual evaluations of
all judicial and non-judicial employees in the Court Clerk's office
and other Court support personnel, and any written recommendations
relating to personnel issues to the appropriate supervisor. All such
communications shall be taken into account prior to personnel action.
Unresolved issues shall be submitted to the City Administrator who
shall be responsible to ensure the requirements of the Municipal Court
are attained.
7.
Shall make and adopt such rules of
practice and procedure as are necessary to implement and carry out
the provisions of this Chapter, and make and adopt such rules of practice
and procedure as are necessary to hear and decide matters pending
before the Municipal Court, and implement and carry out the provisions
of the Missouri Rules of Practice and Procedure in Municipal and Traffic
Courts. Any rules made or adopted hereunder shall be consistent with
the provisions of the Missouri Rules of Practice and Procedure in
Municipal and Traffic Courts. Any rules made or adopted hereunder
may be annulled or amended by an ordinance limited to such purpose;
provided, that such ordinance does not violate or conflict with the
provisions of the Missouri Rules of Practice and Procedure in Municipal
and Traffic Courts or State law.
B.
The Municipal Judge shall have such other
powers, duties, and privileges as prescribed by State law or other
ordinances of the City.
[R.O. 2007 § 130.090; CC 1979 § 17-9; Ord. No. 442 § 9, 10-26-1978]
The Municipal Judge shall cause to
be prepared within the first ten (10) days of every month a report
containing a list of all cases heard and tried before the Court during
the preceding month, giving in each case the name of the defendant,
the fine imposed, if any, the amount of cost, the names of the defendants
committed and cases where there was an application for trial de novo.
The same shall be prepared under oath by the Court Administrator or
the Municipal Judge. This report is available upon request to the
City Clerk. The Municipal Court shall, within the ten (10) days after
the first of the month, pay to the Municipal Treasury the full amount
of all fines collected during the preceding month, if they have not
previously been paid.
[R.O. 2007 § 130.100; CC 1979 § 17-10; Ord. No. 442 § 10, 10-26-1978]
The Municipal Judge shall be a conservator
of the peace. He/she shall keep a docket in which he/she shall enter
every case commenced before him/her and the proceedings therein, and
he/she shall keep such other records as may be required. Such docket
and records shall be records of the Circuit Court of the County. The
Municipal Judge shall deliver the docket and records of the Municipal
Court and all books and papers pertaining to his/her office to his/her
successor in office or to the Presiding Judge of the Circuit.
[R.O. 2007 § 130.110; CC 1979 § 17-11; Ord. No. 442 § 24, 10-26-1978]
A Municipal Judge shall be disqualified
to hear any case in which he/she is in anywise interested or if, before
the trial is commenced, the defendant or the prosecutor files an affidavit
that the defendant or the City, as the case may be, cannot have a
fair and impartial trial by reason of the interest or prejudice of
the Judge. Neither the defendant nor the City shall be entitled to
file more than one (1) affidavit or disqualification in the same case.
If a Municipal Judge be absent, sick
or disqualified from acting pursuant to the general administrative
authority of the Presiding Judge of the Circuit Court over the Municipal
Divisions within the circuit contained in Section 478.240, RSMo.,
a special Municipal Judge may be designated in accordance with the
provisions of Section 479.230, RSMo., until such absence or disqualification
shall cease.
[Ord. No. 7272, 2-13-2020]
Where municipal violations are to
be tried before a Municipal Judge or Judges, the governing body of
the municipality shall provide by ordinance for a clerk or clerks
and such other non-judicial personnel as may be required for the proper
functioning of the municipal division or divisions and shall provide
a suitable courtroom in which to hold court. The salaries of the judges,
clerks and other non-judicial personnel and other expenses incidental
to the operation of the municipal divisions shall be paid by the municipality.
The Court Clerk, or his or her designee, shall serve as the custodian
of records of the Municipal Court for purposes of Supreme Court Operating
Rules 2, 4, 8 and 20, Chapter 610, RSMo., and any other applicable
laws and Supreme Court rules, as amended.
[R.O. 2007 § 130.140; CC 1979 § 17-15; Ord. No. 442 § 13, 10-26-1978; Ord. No. 5389 § 1, 4-22-2010]
A.
Administrative Warrant Defined —
Who May Issue, Execute.
1.
An administrative warrant is a written
order of the Municipal Judge permitting the entry of City officials
on or into private property to enforce the City's building, zoning,
health and safety regulations when government entry on or into such
private property is otherwise authorized by Missouri law. A warrant
may issue only in conformance with this Section and only for the enforcement
of the City's building, zoning, health and safety regulations, specifically:
a.
To abate such physical conditions
on private property constituting a public nuisance or otherwise in
violation of a specified regulation as provided herein;
b.
To inspect private property to determine
or prove the existence of physical conditions in violation of such
a specified regulation; and
c.
To seize, photograph, copy or record
evidence of the violation of such a specified regulation.
2.
The Municipal Judge having original
and exclusive jurisdiction to determine violations against the ordinances
of the municipality may issue an administrative warrant when:
3.
Any such warrant shall be directed
to the Chief of Police or any Police Officer of the City, if any,
and shall be executed by said Chief of Police or any Police Officer
of the City in conjunction with the appropriate Code Enforcement Officer
or other appropriate official within the City limits and not elsewhere.
B.
Who May Apply For Warrant — Contents
Of Application.
1.
Any Code Enforcement Officer, other
appropriate official, Chief of Police or any Police Officer of the
City or the City Attorney may make application to the Municipal Judge
for the issuance of an administrative warrant.
[Ord. No. 7231, 11-14-2019]
2.
The application shall:
a.
Be in writing;
b.
State the time and date of the making
of the application;
c.
Identify the property to be entered,
inspected or seized in sufficient detail and particularity that the
officer executing the warrant can readily ascertain it;
d.
State that the owner or occupant
of the property
(1)
Has been requested by
the City to allow such action and has refused to allow such action,
or
(2)
Is not available, after
reasonable investigation and effort, to consent to such entry or inspection,
and in such case the application shall include details of the City's
investigation and effort to request such consent;
e.
State facts sufficient to show probable
cause for the issuance of a warrant to enter the private property,
including the specification of the building, zoning, health or safety
regulation sought to be enforced;
f.
Be verified by the oath or affirmation
of the applicant; 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 warrant and in filling out any deficiencies
in the description of the property or place to be entered. Oral testimony
shall not be considered. The application may be submitted by facsimile
or other electronic means.
C.
Hearing And Procedure — Contents
Of Warrant — Execution And Return.
1.
Hearing And Procedure.
a.
The Municipal Judge shall determine
whether probable cause exists to enter the private property for the
purposes noted herein.
b.
In doing so the Municipal Judge shall
determine whether the action to be taken by the City 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 known or suspected violation of any relevant City ordinance or
Code Section, the passage of time since the property's last inspection,
and the law, Statute or ordinance authorizing government entry onto
private property. The standard for issuing a warrant need not be limited
to actual knowledge of an existing violation of a City ordinance or
Code Section.
c.
If it appears from the application
and any supporting affidavit that there is probable cause to enter
the private property for the enforcement of the City's building, zoning,
health and safety regulations, a 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 one (1) copy of the warrant as issued shall be retained
in the records of the Municipal Court.
2.
Contents Of Warrant. The warrant
shall:
a.
Be in writing and in the name of
the City;
b.
Be directed to the Chief of Police
or any Police Officer of the City, if any, in the City;
c.
State the time and date the warrant
was issued;
d.
Identify the property to be entered
in sufficient detail and particularity that the officer executing
the warrant can readily ascertain it;
e.
Command that the described property
be entered for one (1) or more specified enforcement purposes as provided
herein, identify the regulation sought to be enforced, and direct
that any evidence of any suspected property violations be seized,
recorded or photographed, and a description of such property be returned,
within ten (10) days after filing of the application, to the Clerk
of the Municipal Court, to be dealt with according to law; and
f.
Be signed by the judge, with his
title of office indicated.
3.
Execution And Return.
a.
A warrant issued under this Section
shall be executed only by a Chief of Police or any police officer
of the City, if any, provided however, that one (1) or more designated
City Officials shall accompany any such officer, and the warrant shall
be executed in the following manner:
(1)
The warrant may be issued
by facsimile or other electronic means.
(2)
The warrant shall be
executed by conducting the private property entry as commanded and
shall be executed as soon as practicable and in a reasonable manner.
(3)
The officer shall give
the owner or occupant of the property entered a copy of the warrant.
(4)
If any property is seized
incident to the entry, 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, or if no such
person is ascertainable, the officer shall leave the receipt at the
site of the entry in a conspicuous place.
(a)
A copy of the itemized
receipt of any property taken shall be delivered the City Attorney
within two (2) working days of the execution of the warrant.
[Ord. No. 7231, 11-14-2019]
(b)
The disposition of property
seized pursuant to a warrant under this Section shall be in accordance
with an applicable City ordinance or Code Section, but in the absence
of same, then with Section 542.301, RSMo.
(5)
The officer may summon
as many persons as he deems necessary to assist him in executing the
warrant.
(6)
An officer executing
an invalid warrant, the invalidity of which is not apparent on its
face, may use such force as he would be justified in using if the
warrant were valid.
(7)
A warrant shall expire
if it is not executed and the required return made within ten (10)
days after the date of the making of the application.
b.
After execution of the warrant, the
warrant, with a return thereon signed by the officer executing the
warrant, shall be delivered to the Municipal Court in the following
manner:
(1)
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
entered.
(2)
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.
c.
The Court Clerk, upon request, shall
deliver a copy of the return to the possessor and the owner, when
not the same person, of the property entered or seized.
D.
Warrant Invalid, When. A 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)(3)(a)(2) hereof;
4.
If it was not issued with respect
to property in the City;
5.
If it does not describe the property
or places to be entered, inspected 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.
[R.O. 2007 § 130.150; CC 1979 § 17-16; Ord. No. 442 § 14, 10-26-1978]
The Chief of Police or other Police
Officers of the City may, without a warrant, make arrest of any person
who commits an offense in his/her presence, but such officer shall,
before the trial, file a written complaint with the Judge hearing
violations of municipal ordinances.
[R.O. 2007 § 130.160; CC 1979 § 17-17; Ord. No. 442 § 15, 10-26-1978]
Any person charged with a violation
of this Code or any other ordinance of the City shall be entitled
to a trial by jury, as in prosecutions for misdemeanors before an
Associate Circuit Judge. Whenever a defendant accused of a violation
of this Code or any other City ordinance demands trial by jury, the
Municipal Court shall certify the case to the Presiding Judge of the
Circuit Court for reassignment.
[R.O. 2007 § 130.170; CC 1979 § 17-19; Ord. No. 442 § 17, 10-26-1978]
It shall be the duty of the Municipal
Judge to summon all persons whose testimony may be deemed essential
as witnesses at the trial, and to enforce their attendance by attachment
if necessary. The fees of witnesses shall be the same as those fixed
for witnesses in trials before Associate Circuit Judges and shall
be taxed as other costs in the case. When a trial shall be continued
by a Municipal Judge, it shall not be necessary to summon any witnesses
who may be present at the continuance, but the Municipal Judge shall
orally notify such witnesses as either party may require to attend
before him/her on the day set for trial to testify in the case and
enter the names of such witnesses on his/her docket, which oral notice
shall be valid as a summons.
[R.O. 2007 § 130.180; CC 1979 § 17-20; Ord. No. 442 § 18, 10-26-1978]
A.
If, in the progress of any trial before
a Municipal Judge, it shall appear to the Judge that the accused ought
to be put upon trial for an offense against the criminal laws of the
State, not cognizable before him/her as Municipal Judge, he/she shall
immediately stop all further proceedings before him/her as Municipal
Judge and cause the complaint to be made before some Associate Circuit
Judge within the County.
B.
For purposes of this Section, any offense
involving the operation of a motor vehicle in an intoxicated condition
as defined in Section 577.001, RSMo., shall not be cognizable in Municipal
Court if the defendant has been convicted, found guilty, or pled guilty
to two (2) or more previous intoxication-related traffic offenses
as defined in Section 577.001, RSMo., or has had two (2) or more previous
alcohol-related enforcement contacts as defined in Section 302.525,
RSMo.
[R.O. 2007 § 130.190; CC 1979 § 17-21; Ord. No. 442 § 19, 10-26-1978]
If, in the opinion of the Municipal
Judge, the City has no suitable and safe place of confinement, the
Municipal Judge may commit the defendant to the County Jail, in accordance
with Section 479.180, RSMo. The City shall pay the board of such prisoner
at the same rate as may be allowed to the County Sheriff for the keeping
of such prisoner in his/her custody. The same shall be taxed as costs.
[R.O. 2007 § 130.200; CC 1979 § 17-22; Ord. No. 442 § 20, 10-26-1978; Ord. No. 2044 § 1, 8-26-1993]
A.
Any Judge hearing violations of municipal
ordinances may, when in his/her judgment it may seem advisable, grant
a parole or probation to any person who shall plead guilty or who
shall be convicted after a trial before such Judge. When a person
is placed on probation he/she shall be given a certificate explicitly
stating the conditions on which he/she is being released.
B.
In addition to such other authority as
exists to order conditions of probation, the Court may order conditions
which the Court believes will serve to compensate the victim of the
crime, any dependant of the victim, or society in general. Such conditions
may include, but need not be limited to:
C.
A person may refuse probation conditioned
on the performance of free work. If he/she does so, the Court shall
decide the extent or duration of sentence or other disposition to
be imposed and render judgment accordingly. Any County, City, person,
organization, or agency, or employee of a County, City organization
or agency charged with the supervision of such free work or who benefits
from its performance shall be immune from any suit by the person placed
on parole or probation or any person deriving a cause of action from
him/her if such cause of action arises from such supervision of performance,
except for intentional torts or gross negligence. The services performed
by the probationer or parolee shall not be deemed employment within
the meaning of the provisions of Chapter 288, RSMo.
D.
The Court may modify or enlarge the conditions
of the probation at any time prior to the expiration or termination
of the probation term.
[R.O. 2007 § 130.210; CC 1979 § 17-23; Ord. No. 442 § 21, 10-26-1978]
In all cases tried before the Municipal
Court, except where there has been a plea of guilty or where the case
has been tried with a jury, the defendant shall have a right of trial
de novo, before a Circuit Judge or on assignment before an Associate
Circuit Judge. An application for a trial de novo shall be filed within
ten (10) days after judgment and shall be filed in such form and perfected
in such manner as provided by Supreme Court rules.
[R.O. 2007 § 130.220; CC 1979 § 17-24; Ord. No. 442 § 22, 10-26-1978]
In all cases in which a jury trial
has been demanded, a record of the proceedings shall be made, and
appeals may be had upon that record to the appropriate Appellate Court.
[R.O. 2007 § 130.230; CC 1979 § 17-25; Ord. No. 442 § 23, 10-26-1978]
In the case of a breach of any recognizance
entered into before a Municipal Judge or an Associate Circuit Judge
hearing a Code or other municipal ordinance violation case, the same
shall be deemed forfeited, and the Judge shall cause the same to be
prosecuted against the principal and surety, or either of them, in
the name of the City as plaintiff. Such action shall be prosecuted
before a Circuit Judge or Associate Circuit Judge, and in the event
of cases caused to be prosecuted by a Municipal Judge, such shall
be on the transcript of the proceedings before the Municipal Judge.
All money recovered in such actions shall be paid over to the City
Treasury to the General Revenue Fund of the City.
[Ord. No.
6013 § 1, 11-7-2013]
A.
In addition to the forfeiture of any security
which was given or pledged for a person's release, any person who,
having been released upon a recognizance or bond pursuant to any other
provisions of law while pending preliminary hearing, trial, sentencing,
appeal, probation or parole revocation, or any other stage of a matter
against him or her, knowingly fails to appear before the Municipal
Court or the Municipal Judge as required shall be guilty of the crime
of failure to appear.
B.
Failure to appear is an infraction, and
the sentence imposed shall not exceed the maximum fine which could
be imposed for the municipal ordinance for which the accused was arrested.
C.
Nothing in this Section shall prevent the
exercise by the Municipal Court of its power to punish for contempt.
D.
No additional charge shall be issued for
the failure to appear for a minor traffic violation.
[R.O. 2007 § 130.240; CC 1979 § 17-26; Ord. No. 442 § 27, 10-26-1978; Ord. No. 501 § 1, 4-26-1979; Ord. No. 1919 § 1, 9-10-1992; Ord. No. 2536 §§ 1 — 2, 9-12-1996; Ord. No. 3524 § 1, 9-13-2001; Ord. No. 4252 § 1, 3-24-2005]
A.
In addition to any fine that may be imposed
by the Municipal Judge, there shall be assessed as costs in all cases
the following:
1.
Costs of Court in the amount of twelve
dollars ($12.00).
2.
In all cases, additional costs, as
follows:
a.
Law Enforcement training fund fee
for the training of Police Officers in the amount of two dollars ($2.00);
such fees collected shall be transmitted monthly to the City Treasury
of the City of St. Peters to be used locally for training Law Enforcement
Officers.
b.
Peace Officer training fund fee to
be used Statewide for training Law Enforcement Officers in the amount
of one dollar ($1.00); such fees collected shall be transmitted monthly
to be deposited into the Peace Officer Standards and Training Commission
Fund, payable to the Treasurer, State of Missouri.
c.
Crime victims' compensation surcharge
in the amount of seven dollars fifty cents ($7.50); such surcharge
collected shall be transmitted monthly with seven dollars thirteen
cents ($7.13) of each surcharge remitted to the State, payable to
the Missouri Department of Revenue and thirty-seven cents ($.37) of
each surcharge remitted to the City Treasury of the City of St. Peters,
Missouri.
d.
Inmate security fund surcharge in
the amount of two dollars ($2.00); such surcharge collected shall
be transmitted to the City Treasury for deposit into the "Inmate Prisoner
Detainee Security Fund," which is hereby created. No such surcharge
shall be collected in any proceeding when the proceeding or defendant
has been dismissed by the Court or when costs are to be paid by the
State, County or the City. Funds deposited shall be utilized to acquire
and develop biometric verification systems and information sharing
as provided by Section 488.5026, RSMo. 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 also to pay for any expenses related to detention, custody
and housing and other expenses for inmates, prisoners, and detainees.
e.
In addition to the other costs authorized in this Section, there
shall be assessed a Statewide Court Automation Fund fee in the amount
of seven dollars ($7.00) in all cases in which court costs are taxed.
Said fee shall be collected by the Municipal Court and transmitted
monthly to the Missouri Director of Revenue to the credit of the Missouri
Statewide Automation Fund, as provided in Section 488.012.3(5), RSMo.,
and Section 488.027.2, RSMo.
[Ord. No. 7403, 12-17-2020]
3.
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.
4.
Actual costs assessed against the
City by the County Sheriff for apprehension or confinement in the
County Jail.
5.
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 the Municipal Court.
6.
Any person violating an ordinance of the City which is payable in the Traffic Violations Bureau who signs a waiver of appearance and plea of guilty to such offense in the Traffic Violations Bureau shall be required to pay the entire costs of Court imposed by Subsection (1) and Subsection (2) of this Section.
7.
Upon a plea of guilty, finding of
guilt or conviction for violation of the provisions of Sections 577.010
or 577.012, RSMo., or violations of St. Peters ordinances involving
alcohol- or drug-related traffic offenses, the Court may, in addition
to imposition of any penalties provided by law, order the person to
reimburse the St. Peters law enforcement authority for the costs associated
with such arrest; 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.
The St. Peters law enforcement authority may establish a schedule
of such costs, however, the Court may order the costs reduced if it
determines the costs are excessive.
[R.O. 2007 § 130.250; CC 1979 § 17-27; Ord. No. 442 § 28, 10-26-1978]
The costs of any action may be assessed
against the prosecuting witness, and judgment may be rendered against
him/her requiring him/her to pay the same and stand committed until
the same is paid in any case where it appears to the satisfaction
of the Municipal Judge that the prosecution was commenced without
probable cause and from malicious motives.
[R.O. 2007 § 130.260; CC 1979 § 17-28; Ord. No. 442 § 29, 10-26-1978]
When a fine is assessed for violating
this Code or any other City ordinances, it shall be within the discretion
of the Judge assessing the fine to provide for the payment of a fine
on an installment basis under such terms and conditions as he/she
may deem appropriate.
[R.O. 2007 § 130.270; Ord. No. 3056 § 1, 6-10-1999]
A.
Assessment Of Costs Of Law Enforcement
Response. If it is established that:
2.
Such person or persons received such
a notice of warning;
4.
The person or persons were found guilty of one (1) or more of the violations of the City Code Section 210.130 and/or Section 210.160 for which they were arrested or given a citation;
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then the Municipal Court imposing sentence on such person may, as a condition of probation granted pursuant to Section 130.200, order such person to pay the reasonable costs necessarily incurred by the City for its Law Enforcement Officers' return to the location of the incident which led to the conviction. The law enforcement authority may establish a schedule of such costs, however, the court may order the costs reduced if it determines the costs are excessive given the circumstances of the case or for good cause shown.
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B.
The reasonable costs necessarily incurred by the City for Law Enforcement Officers' return to the location of the incident which led to conviction shall be a charge against the person or persons convicted. The charge shall be dealt with in the same manner as other costs assessed generally by the court pursuant to Section 130.240.
C.
Warning — Responsible Person And
Form. At the time of initial contact with such person at the location
of the incident, the Law Enforcement Officers shall take any such
action and give such direction as is necessary to abate the violation
or condition and shall advise the responsible person in writing that,
if additional law enforcement personnel are required to abate a continued
or subsequent condition, the responsible person or owner or occupant
of the property may be held liable for the cost of providing such
services. If law enforcement personnel do return to the location following
the warning, and a conviction does result, then the cost of these
services may be reimbursed to the City as provided in this Section.
The form of the written notice and warning shall be substantially
as follows:
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NOTICE AND WARNING
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On __________________ (date), at __________________ (time) A.M./P.M. at __________________ (address), you were warned by __________________ (name of enforcement officer) that your actions were in violation of the Code of the City of St. Peters, Section 210.130 and/or Section 210.160 and that if, within six (6) months of the time set forth above, you were found in violation of such Sections and were arrested or given a citation for further such acts at or near the location set forth above, upon conviction thereof, you may be required to pay the reasonable costs necessarily incurred by the City of St. Peters for Law Enforcement Officers' return to the location which led to your arrest or citation.
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Officer Signature
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