[CC 1990 §145.010; CC §72.010]
There is hereby established in this City a Municipal Court,
to be known as the "Desloge Municipal Court, a Division of the 24th
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 herein "the Municipal Court."
[CC 1990 §145.020; CC §72.020]
The jurisdiction of the Municipal Court shall extend to all
cases involving alleged violations of the ordinances of the City.
[CC 1990 §145.030; CC §72.030]
The Judge of the City's Municipal Court shall be known as a
Municipal Judge of the 24th Judicial Circuit Court, and shall be appointed
to his/her position by the Board of Aldermen.
[CC 1990 §145.040; CC §72.040]
The Municipal Judge shall hold his/her office for a period of
two (2) years. If for any reason a Municipal Judge vacates his/her
office, his/her successor shall complete that term of office, even
if the same be for less than two (2) years.
[CC 1990 §145.050; CC §72.050]
[CC 1990 §145.060; CC §72.060; Ord. No. 72.060, 8-8-1988]
A.
The
Municipal Judge shall possess the following qualifications before
he/she shall take office:
1.
He shall be a licensed attorney, qualified to practice law within
the State of Missouri.
2.
Residence within the City not required.
3.
He must be a resident of the State of Missouri.
4.
He must be between the ages of twenty-one (21) and seventy-five (75)
years.
5.
He may not serve as Municipal Judge for any other municipality without
permission of the Board of Aldermen.
6.
He may not hold any other office within the City Government.
7.
The Municipal Judge shall be considered holding a part-time position,
and as such may accept (within the requirements of the Code of Judicial
Conduct, Missouri Supreme Court Rule 2) other employment.
[CC 1990 §145.070; CC §72.070]
The Municipal Court of the City 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 said Court shall obey his/her
directives.
[CC 1990 §145.080; CC §72.080]
The Municipal Judge shall cause to be prepared within the first
ten (10) days of every month a report indicating the following:
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 in the cases where there was an application for trial
de novo, respectively. The same shall be prepared under oath by the
Municipal Court Clerk or the Municipal Judge. This report will be
filed with the City Clerk, who shall thereafter forward the same to
the Board of Aldermen of the City for examination at its first session
thereafter. The Municipal Court shall, within the ten (10) days after
the first of the month, pay to the City the full amount of all fines
collected during the preceding month, if they have not previously
been paid.
[CC 1990 §145.090; CC §72.090]
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 St. Francois 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 Court.
[CC 1990 §145.100; CC §72.100; Ord. No. 72.101 §§1,3, 3-14-1983]
A.
The
Municipal Judge shall be and is hereby authorized to:
1.
Establish a Violations Bureau as provided for in the Missouri Rules
of Practice and Procedure in Municipal and Traffic Courts and Section
479.050 of the Revised Statutes of Missouri.
2.
Administer oaths and enforce due obedience to all orders, rules and
judgments made by him, and may fine and imprison for contempt committed
before him/her while holding court, in the same manner and to the
same extent as a Circuit Judge.
3.
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.
4.
Make and adopt such rules of practice and procedure as are necessary
to implement and carry out the provisions of this Chapter, and to
make and adopt such rules of practice and procedure as are necessary
to hear and decide matters pending before the Municipal Court and
to implement and carry out the provisions of the Missouri Rules of
Practice and Procedure in Municipal and Traffic Courts. Any and all
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 Statutes.
5.
The Municipal Judge shall have such other powers, duties and privileges
as are or may be prescribed by the laws of this State, this Code or
other ordinances of this City.
6.
The Municipal Judge shall be empowered to enforce all orders, rules and judgments made by him. If one shall fail to pay his/her fine or to follow any of the orders, rules or judgments that the Municipal Judge has made and is convicted of failure to follow the said order, then he/she shall be punished as provided under Subsection (7) of this Section.
7.
Penalty. Whoever shall be convicted of being in
contempt of court for failure to obey the Court's order, shall be
punished by a fine of not less than five dollars ($5.00) nor more
than five hundred dollars ($500.00), or by imprisonment in jail not
exceeding ninety (90) days, or by such fine and imprisonment.
[CC 1990 §145.110; CC §72.110]
Should the Municipal Judge determine that there shall be a Violations
Bureau, the City shall provide all expenses incident to the operation
of the same. The City Collector is hereby designated as the Clerk
for said Violations Bureau, if established.
[CC 1990 §145.120; CC §72.120]
All warrants issued by a Municipal Judge shall be directed to
the Chief of Police or any other Police Officer of the municipality
or to the Sheriff of the County. The warrant shall be executed by
the Chief of Police, Police Officer, or Sheriff any place within the
limits of the County and not elsewhere unless the warrants are endorsed
in the manner provided for warrants in criminal cases, and, when so
endorsed, shall be served in other counties as provided for in warrants
in criminal cases.
[CC 1990 §145.130; CC §72.130]
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.
[Ord. No. 2002.04 §1, 4-8-2002]
A.
Search And Access Warrant Defined — Who May Issue — Execute.
1.
Definition. An administrative search and/or access
warrant (hereinafter "search warrant") is a written order of the Municipal
Judge commanding the search or inspection of any property, place or
thing and the seizure, photographing, copying or recording of property
or physical conditions found thereon or therein to determine or prove
the existence of violations of any ordinance or Code Section of the
City relating to the use, condition or occupancy of property or structures
located within the City or to enforce the provisions of any such ordinance
or Code Section.
2.
Who may issue. The Municipal Judge having original
and exclusive jurisdiction to determine violations against the ordinances
of the municipality may issue an administrative search warrant when:
a.
The property or place to be searched or inspected or the thing to
be seized is located with the City at the time of the making of the
application; and
b.
The owner or occupant of the property or place to be searched or
inspected or the thing to be seized has refused to allow same after
official request by the City.
3.
Any such warrant shall be directed to the Chief of Police or any
other Police Officer of the City and shall be executed by the Chief
of Police or said Police Officer within the City limits and not elsewhere.
B.
Who May Apply For Warrant — Contents Of Application.
1.
Who may apply. Any Police Officer or an attorney
of the City may make application to the Municipal Judge for the issuance
of an administrative search warrant.
2.
Contents. The application shall:
a.
Be in writing;
b.
State the time and date of the making of the application;
c.
Identify the property or places to be entered, searched, 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 or places to be
entered, searched, inspected or seized has been requested by the City
to allow such action and has refused to allow such action;
e.
State facts sufficient to show probable cause for the issuance of a search warrant, as provided in Subsection (C)(1) hereof, to:
(1)
Search or inspect for violations of an ordinance or Code Section
specified in the application, or
(2)
Show that entry or seizure is authorized and necessary to enforce
an ordinance or Code Section specified in the application and that
any required due process has been afforded prior to the entry or seizure;
f.
Be verified by the oath or affirmation of the applicant; and
g.
Be signed by the applicant and filed in the Municipal Court.
h.
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 search warrant
and in filling out any deficiencies in the description of the property
or place to be searched or inspected. Oral testimony shall not be
considered.
C.
Hearing And Procedure — Contents Of Warrant — Execution
And Return.
1.
Hearing and procedure.
a.
The Municipal Judge shall hold a non-adversary hearing to determine
whether probable cause exists to inspect or search for violations
of any City ordinance or Code Section or to enforce any such ordinance
or Code Section.
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 physical condition of the specified
property, the age and nature of the property, the condition of the
area in which the property is located, the known violation of any
relevant City ordinance or Code Section, and the passage of time since
the property's last inspection. 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 inspect or search for violations of any
City ordinance or Code Section or to enforce any such ordinance or
Code Section, a search 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 search warrant. The search 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;
c.
State the time and date the warrant was issued;
d.
Identify the property or places to be searched, inspected or entered
upon in sufficient detail and particularity that the officer executing
the warrant can readily ascertain it;
e.
Command that the described property or places be searched or entered
upon, and that any evidence of any City ordinance violations found
therein or thereon, or any property seized pursuant thereto, or a
description of such property seized, be returned, within ten (10)
days after filing of the application, to the Municipal Judge who issued
the warrant, to be dealt with according to law;
f.
Be signed by the Judge, with his title of office indicated.
3.
Execution and return.
a.
Execution. A search warrant issued under this Section
shall be executed only by a City Police Officer, provided however,
that one (1) or more designated City Officials may accompany the officer,
and the warrant shall be executed in the following manner:
(1)
The warrant shall be executed by conducting the search, inspection,
entry or seizure as commanded and shall be executed as soon as practicable
and in a reasonable manner.
(2)
The officer shall give the owner or occupant of the property
searched, inspected or entered upon a copy of the warrant.
(a)
If any property is seized incident to the search, 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, the officer shall leave the receipt at the site
of the search in a conspicuous place.
(b)
A copy of the itemized receipt of any property taken shall be
delivered to an attorney for the City within two (2) working days
of the search.
(c)
The disposition of property seized pursuant to a search 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 of the Revised Statutes of Missouri.
(3)
The officer may summon as many persons as he deems necessary
to assist him in executing the warrant, and such persons shall not
be held liable as a result of any illegality of the search and seizure.
(4)
An officer making a search pursuant to 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.
(5)
A search 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.
Return.
(1)
After execution of the search warrant, the warrant, with a return
thereon signed by the officer making the search, shall be delivered
to the Municipal Court.
(2)
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 or places searched or seized.
(3)
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.
(4)
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
searched or seized.
c.
Warrant invalid — when. A search 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)(1)(b) hereof;
(4)
If it was not issued with respect to property or places in the
City;
(5)
If it does not describe the property or places to be searched,
inspected, entered upon 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.
[CC 1990 §145.140; CC §72.140]
Any person charged with a violation of a municipal ordinance
of this 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 a Municipal ordinance has a right to a trial
by jury, and demands such trial by jury, the Municipal Judge shall
certify the case to the presiding judge for assignment.
[CC 1990 §145.150; CC §72.150]
It shall be the duty of an attorney designated by the municipality
to prosecute the violations of the City's ordinances before the Municipal
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.
[CC 1990 §145.160; CC §72.160]
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.
[CC 1990 §145.170; CC §72.170]
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 and 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.
[CC 1990 §145.180; CC §72.180]
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, and it shall be the duty of the Sheriff,
if space for the prisoner is available in the County Jail, upon receipt
of a Warrant of Commitment from the Judge to receive and safely keep
such prisoner until discharged by due process of law. The municipality
shall pay the board of such prisoner at the same rate as may now or
hereafter be allowed to such Sheriff for the keeping of such prisoner
in his/her custody. The same shall be taxed as cost.
[CC 1990 §145.190; CC §72.190]
Any judge hearing violations of municipal ordinances may, when
in his/her judgement 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 said judge.
[CC 1990 §145.200; CC §72.200]
The defendant shall have a right to a trial de novo, even from
a plea of guilty, before a Circuit Judge or an Associate Circuit Judge.
Such application for a trial de novo shall be filed within ten (10)
days after the judgment and shall be in the form as provided by Supreme
Court rules.
[CC 1990 §145.210; CC §72.210]
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.
[CC 1990 §145.220; CC §72.220]
In the case of a breach of any recognizance entered into before
a Municipal Judge or an Associate Circuit Judge hearing a 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 municipality 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 monies recovered in
such actions shall be paid over to the Municipal Treasury to the General
Revenue Fund of the municipality.
[CC 1990 §145.230; CC §72.230]
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 municipality, 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 municipality shall be
entitled to file more than one affidavit or disqualification in the
same case.
[CC 1990 §145.240; CC §72.240]
If a Municipal Judge be absent, sick or disqualified from acting,
the Mayor may designate some competent, eligible person to act as
Municipal Judge until such absence or disqualification shall cease;
provided however, that should a vacancy occur in the office of an
elected Municipal Judge more than six (6) months before a general
municipal election, then a special election shall be held to fill
such vacancy; and in case of vacancy in the office of an elected Municipal
Judge within less than six (6) months of a general municipal election,
the office may be filled by a competent, eligible person designated
by the Mayor. The Board of Aldermen shall provide by ordinance for
the compensation of any person designated to act as Municipal Judge
under the provisions of this Section.
[CC 1990 §145.250; CC §72.250]
A.
The
Clerk of the Municipal Court shall be appointed by the Mayor and approved
by the Board of Aldermen. The duties of said Clerk shall be as follow:
1.
To collect such fines for violations of such offenses as may be described,
and the court costs thereof.
2.
To take oaths and affirmations.
3.
To accept signed complaints, and allow the same to be signed and
sworn to or affirmed before him.
4.
Sign and issue subpoenas requiring the attendance of witnesses and
sign and issue subpoenas duces tecum.
5.
Accept the appearance, waiver of trial and plea of guilty and payment
of fine and costs in Violations Bureau cases or as directed by the
Municipal Judge; generally act as Clerk of the Violations Bureau.
6.
Perform all other duties as provided for by ordinance, by rules of
Practice Procedure adopted by the Municipal Judge and by the Missouri
Rules of Practice and Procedure in Municipal and Traffic Courts and
by Statute.
7.
Maintain, properly certified by the City Clerk, a complete copy of
the ordinances of the City of the municipality which shall constitute
prima facie evidence of such ordinance before the court. Further,
to maintain a similar certified copy on file with the clerk serving
the Circuit Court of this County.
[CC 1990 §145.260; CC §72.260; Ord. No. 93.029 §§1 —
2, 10-11-1993; Ord. No. 94.025 §1, 12-12-1994; Ord. No. 96.074 §1, 12-9-1996; Ord. No. 97.006 §1, 1-13-1997; Ord.
No. 2001.35 §1, 8-27-2001; Ord. No. 2001.36 §1, 8-27-2001; Ord.
No. 2002.14 §1, 7-8-2002; Ord. No. 2011.20 §§1
— 2, 8-8-2011; Ord. No. 2012.12 §1, 8-13-2012]
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.
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.
a.
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.
b.
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.
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 this Court.
6.
Any person who violates a municipal ordinance when the Court finds
that the violation occurred when the defendant was the operator of
a motorcycle or motortricycle shall have a judgment assessed against
the defendant of five dollars ($5.00) in the favor of the State of
Missouri Motorcycle Safety Trust Fund. Any motor vehicle operator
who violates a municipal ordinance where the violation involves a
motorcycle or motortricycle or where the operator causes an accident
involving a motorcycle or motortricycle shall have a judgment assessed
against the defendant of five dollars ($5.00) in the favor of the
State of Missouri Motorcycle Safety Trust Fund.
7.
Crime Victims' Compensation Fund. An additional sum of seven dollars fifty cents ($7.50) shall be assessed and added to the basic costs in Subsection (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:
8.
In addition to other Court costs as set out herein above, in every
case, the Court may impose an additional cost of two dollars ($2.00),
which sum shall be collected and disbursed for the purpose of provided
for the operating expenses for shelters for battered persons as defined
in Sections 455.200 — 455.230, RSMo.
9.
A fee of one dollar ($1.00) for the Judicial Education Fund as set
out in Section 479.260.1, RSMo.
10.
Inmate Security Fund.
a.
The Board of Aldermen of the City of Desloge, Missouri, hereby adopts this Subsection (10) authorizing the surcharge permitted under Section 488.5026, RSMo., to be placed on appropriate criminal cases and traffic cases processed in the Municipal Court of the City of Desloge, Missouri. Funds collected shall be deposited into an account established as the "St. Francois County Inmate Security Fund".
b.
The Board of Aldermen of the City of Desloge, Missouri, hereby directs the Court Administrator of the Municipal Court of the City of Desloge, Missouri, to assess and collect such surcharge as authorized by State law and this Subsection (10); and to pay over the amount collected in the "St. Francois County Inmate Security Fund" to the St. Francois County Treasurer for deposit into the "Inmate Security Fund" on a regular basis.
11.
Construction zone speeding. An additional fine of
two hundred fifty dollars ($250.00) will be imposed for anyone speeding
or passing in a construction zone if a construction worker is present.
12.
Failure to appear.
a.
Any defendant who has previously been admitted to bail after arrest
or summons who fails to appear before the Municipal Court of Desloge,
Missouri at a stipulated time and from time to time as required by
the Court or who departs from the process of the Court without leave
shall be deemed guilty of an offense and upon conviction thereof shall
be punished as provided in Subdivision (b) of this Subsection.
b.
Any defendant found guilty of violating this Section shall be punished
by a fine not exceeding five hundred dollars ($500.00) and/or imprisonment
not exceeding ninety (90) days.
14.
Secure Automation Of Court Records State-Wide. Court costs assessed
upon conviction of violation of any City ordinance, including non-moving
traffic violations, shall be increased by a surcharge of seven dollars
($7.00) for the benefit and use of the Missouri Court Automation Fund
established pursuant to Section 476.055(1), RSMo., and shall be accounted
for, remitted and disbursed monthly by the Municipal Clerk to that
person officially designated by the Missouri Court Automation to receive
such funds.
[Ord. No. 2019.14, 5-13-2019]
[CC 1990 §145.270; CC §72.270]
The costs of any action may be assessed against the prosecuting
witness and judgement be rendered against him/her that he/she pay
the same and stand committed until 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.
[CC 1990 §145.275; Ord. No. 92.041 §1, 10-12-1992]
A.
Upon a plea of guilty, finding of guilt or conviction for violation of the provisions of Sections 342.020 or 342.030 of the Municipal Code for the City of Desloge involving 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 cost associated with such an arrest.
1.
Such costs shall include the reasonable costs of making the arrest,
including the cost of any chemical test to determine the alcohol or
drug content of the person's blood, and the cost of processing, charging,
booking and holding such a person in custody.
2.
Law enforcement authorities may establish a schedule for such costs
for the submission to the Court and request for approval of reimbursement;
however, the Court may at its discretion order the cost reduced if
it determines that the schedule cost is excessive after considering
the circumstances of the case or for good cause shown why the cost
should be reduced or eliminated totally.
3.
The fees shall be collected as additional costs by the Municipal
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.
4.
The City Treasurer shall retain these fees in a separate fund known
as the "DWI/Drug Enforcement Fund". Monies within this fund shall
be appropriated by the City Board of Aldermen to law enforcement authorities
from such fund in amounts equal to those costs so incurred and shall
be specifically used to enhance and support the enforcement and prosecution
of alcohol and drug-related traffic laws within the City of Desloge.
[CC 1990 §145.280; Ord. No. 72.281 §§1 — 5, 6-12-1989]
A.
The
City of Desloge hereby provides that upon a plea and proof that a
person is unable to pay any fine imposed by this Code, a Municipal
Court may order its payment monthly, in installments, with the amount
to be determined by the Municipal Judge and agreed on by the defendant
and the said fine shall be paid to the Municipal Court Clerk and shall
be paid timely until the fine is satisfied in full.
B.
Upon
default by the defendant of any such monthly installments, the entire
balance of the fine shall immediately be due and payable by the defendant.
C.
The
Municipal Court, upon receipt of a report of such default from the
Municipal Court Clerk, shall set a date and place of hearing with
proper notice to the defendant ordering the defendant to appear and
show cause why he/she should not be imprisoned until the fine is satisfied
in full. Such notice hall be made either by personal service or by
registered mail to the defendant at the last known address, at least
ten (10) days prior to the date set for the hearing.
D.
After
hearing thereon, if the evidence warrants, the Municipal Court shall
sentence the defendant to imprisonment in the County Jail or other
place of legal incarceration for a term not to exceed six (6) months
for any one (1) offense until the fine is fully paid.
[CC 1990 §145.290; Ord. No. 92.008 §1, 3-9-1992]
The Municipal Judge for the City of Desloge, when in his/her
judge2ment it may seem advisable, may grant a parole or probation
to any person who shall plead guilty or who shall be convicted after
a trial. When the person is placed on probation, that person shall
be given a certificate explicitly stating the conditions on which
he/she is being released. The Court may under certain conditions when
the Court believes it will serve to compensate society, place that
person on probation and order him/her to perform a designated amount
of free work for public or charitable purpose as determined by the
Judge or his/her designee. Any County, City, person, organization,
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 action which arises from such supervision or 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. The Municipal
Judge also may have the authority to approve any deferred prosecution
contract or agreement that has been entered into between the City
Attorney and the person charged with the crime and order community
services in lieu of proceeding with the case as long as the person
abides by the laws. A proper person shall be designated as overseer
of the person assigned to do the work as community services and report
back to the Court any problems in the length of time required by the
person on probation or parole or defer prosecution to perform such
community services.
[CC 1990 §145.300; Ord. No. 92.042 §1, 10-12-1992]
The Municipal Court Judge for the City of Desloge shall have
the power to suspend imposition of sentence on any case that the Judge
at his/her discretion believes is the most appropriate and the proper
remedy to be afforded at the time of a plea of guilty or a finding
of guilt on any offense charge committed within the City of Desloge
in violation of the City of Desloge Code and Ordinances. By suspending
imposition of sentencing no conviction has been entered and is not
to be reported to the Department of Revenue or to any other authority
for the assessment of points or of being part of their record of arrest
for that person. The suspended imposition of sentencing shall be controlled
by the Missouri State Statutes that provide for it and the Supreme
Court Rules.
