When a fine is assessed for violation of an ordinance, it shall
be within the discretion of the Judge assessing the fine to provide
for the payment of the fine on an installment basis under such terms
and conditions as he/she may deem appropriate.
[Ord. No. 749-97 §2, 8-18-1997; Ord. No. 805-99 §§1 — 2, 12-6-1999; Ord. No. 910-02 §§1 — 4, 6-17-2002; Ord. No. 1206-2012 §§1 — 2, 11-5-2012; Ord. No. 1273-2014 §1, 12-15-2014; Ord. No. 1292-2015 §1, 10-3-2015; Ord.
No. 1479-2021, 12-6-2021; Ord. No. 1532-2023, 8-7-2023]
A. In
addition to any fine that may be imposed by the Municipal Judge there
may be assessed the following costs in all cases. All costs collected
are to be remitted to the respective State, County or City treasuries
as referenced below in each fund, on not less than a monthly basis.
None of these fees shall be collected in any case where a case or
defendant has been dismissed by the Court or when the Judge declares
the defendant indigent and/or costs are waived by the Judge or when
costs are to be paid by the State, County or City. Additionally, as
defined in Section 479.350(3) and 479.350(4), RSMo., the total of
Court costs and fines for Municipal minor traffic violations or Municipal
ordinance violations shall not exceed the amount authorized by State
law:
1.
Clerk Fee. Pursuant to Section 479.260, RSMo., and as authorized
by Section 488.012.3(6), RSMo., a twelve dollar ($12.00) Clerk fee
shall be assessed. Funds shall be paid to the City Treasury.
a.
Judicial Education Fund. Pursuant to Section 479.260, RSMo.,
the Municipal Judge may establish, by judicial order, a Judicial Education
Fund to provide for the continuing education and certification of
Municipal Judges, and the judicial education and training of the Court
Administrator and Clerks of the Municipal Division. If the Fund has
been established, the Municipal Division withholds one dollar ($1.00)
from "all fees collected" on each case, and deposits it in the Judicial
Education Fund administered by the Municipal Division. The Judicial
Education Fund is not an additional fee, but it allows for an allocation
of one dollar ($1.00) to be taken from the twelve dollar ($12.00)
Clerk fee.
b.
Appointed Counsel Fund. Pursuant to Section 479.260, RSMo., the Municipal Judge may establish an Appointed Counsel Fund, funded by the same one dollar ($1.00) referenced in Section
130.270(A)(1)(a), with the allocation between the two (2) funds being determined by the Court. The Appointed Counsel Fund shall only be used to pay Court-approved reasonable fees for attorneys for indigent defendants who cannot pay for legal representation and are required to have appointed counsel by Supreme Court rules or the law. Any fund balance that exceeds five thousand dollars ($5,000.00) shall be paid over to the City Treasury.
2.
Crime Victim's Compensation Fund. Pursuant to Sections
488.5339 and 595.045.6, RSMo., a crime victim's compensation
surcharge of seven dollars and fifty cents ($7.50) shall be assessed.
a.
Ninety-five percent (95%) or seven dollars and thirteen cents
($7.13) shall be paid to the Director of Revenue of the State of Missouri
to the credit of the Crime Victim's Compensation Fund; and
b.
Five percent (5%) or thirty-seven cents ($0.37) shall be transmitted
for deposit in the City Treasury.
3.
Peace officer standards and training (POST) commission surcharge.
Pursuant to Section 488.5336, RSMo., the Municipal Judge shall assess
one dollar ($1.00) for the training of Police Officers. The fees collected
shall be paid to the Treasurer, State of Missouri, Peace Officer Standards
and Training Commission Fund to be used Statewide for training Law
Enforcement Officers.
4.
Law Enforcement Training Fund Surcharge. Pursuant to Section
488.5336, RSMo., the Municipal Judge may assess a surcharge of two
dollars ($2.00) and shall be used locally for training Law Enforcement
Officers. The surcharge shall be paid to the City Treasury.
5.
Law Enforcement Arrest Costs. Pursuant to Section 488.5334, RSMo., the Municipal Judge may order a defendant who pleads guilty or is found guilty or convicted of alcohol- or drug-related traffic offenses, to reimburse the City for the costs associated with the defendant's arrest pursuant to Sections
342.020 or
342.030 of this Code or any ordinance of the City of Kearney involving alcohol- or drug-related traffic violations. Such costs shall include the reasonable cost of making the arrest, including the cost of any chemical test made under Chapter 577, RSMo., 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.
6.
Domestic Violence Shelter Fund. Pursuant to Section 488.607,
RSMo., a surcharge of four dollars ($4.00) for each criminal case
and each County or Municipal ordinance violation case shall be assessed
for the purpose of providing operating expenses for shelters for battered
persons. The fees collected shall be paid to Synergy Services, Inc.,
on a monthly basis, to be used solely for the operating expenses of
Synergy Services, Inc., in providing shelter for battered persons
as defined in Sections 455.200 through 455.230, RSMo.
7.
Inmate Prisoner Detainee Security Fund Surcharge. Pursuant to
Section 488.5026, RSMo., the Municipal Judge may assess a surcharge
of two dollars ($2.00). Funds are to be used for development and maintenance
of the biometric identification systems to track City prisoners and
to pay expenses related to custody, housing, and other costs associated
with the offender's incarceration. The surcharges shall be paid
to the City Treasury.
8.
Statewide Court Automation Fund. In addition to other costs
authorized by this Section, there shall be assessed a State Court
automation surcharge in the amount authorized by Section 476.056,
RSMo., in every proceeding filed in the Municipal Division for violation
of an ordinance. Such surcharge shall also be assessed in cases in
which pleas of guilty are processed by the Violations Bureau. The
surcharge collected shall be paid to the Missouri Director of Revenue
to the credit of the Missouri Statewide Automation Fund as provided
in Sections 488.012.3(5) and 488.027.2, RSMo.
9.
Work/Construction Zone.
a.
As used in this Subsection, the term "construction zone" or
"work zone" means any area upon or around any highway as defined in
Section 302.010, RSMo., which is visibly marked by the Department
of Transportation or a contractor performing work for the Department
of Transportation as an area where construction, maintenance, or other
work is temporarily occurring. The term "work zone" or "construction
zone" also includes the lanes of highway leading up to the area upon
which an activity described in this Subsection is being performed,
beginning at the point where appropriate signs directing motor vehicles
to merge from one (1) lane into another lane are posted.
b.
Upon a conviction or a plea of guilty by any person for a moving
violation as defined in Section 302.010, RSMo., the Court shall assess
a fine of thirty-five dollars ($35.00) in addition to any other fine
authorized to be imposed by law, if the violation occurred within
a construction zone or a work zone.
c.
Upon a conviction or plea of guilty by any person for a speeding violation or for a passing violation pursuant to Subsection
(A)(9)(f) of this Subsection, the Court shall assess a fine of two hundred fifty dollars ($250.00) in addition to any other fine authorized by law, if the violation occurred within a construction zone or a work zone and at the time the speeding or passing violation occurred there was any person in such zone. However, no person assessed an additional fine pursuant to this Subsection shall also be assessed an additional fine pursuant to Subparagraph (A)(9)(b) of this Subsection, and no person shall be assessed an additional fine pursuant to this Subsection if no signs have been posted pursuant to Subparagraph (A)(9)(d) of this Subsection.
d.
The penalty authorized by Subparagraph (A)(9)(c) of this Subsection
shall only be assessed by the Court if the Department of Transportation
or contractor performing work for the Department of Transportation
or contractor performing work for the Department of Transportation
has erected signs upon or around a construction or work zone which
are clearly visible from the highway and which state substantially
the following message: "Warning: two hundred fifty dollars ($250.00)
fine for speeding or passing in this work zone."
e.
During any day in which no person is present in a construction
zone or work zone established pursuant to Subparagraph (A)(9)(c) of
this Subsection to perform duties related to the purpose of the zone,
the sign warning of additional penalties shall not be visible to motorists.
During any period of two (2) hours or more in which no person is present
in such zone on a day in which persons have been or will be present
to perform duties related to the reason for which the area was designated
as a construction zone or work zone, the sign warning of additional
penalties shall not be visible to motorists. The Department of Transportation
or contractor performing work for the Department of Transportation
shall be responsible for compliance with provisions of this Section.
Nothing in this Section shall prohibit warning or traffic control
signs necessary for public safety in the construction or work zone
being visible to motorists at all times.
f.
The driver of a motor vehicle may not overtake or pass another
motor vehicle within a work zone or construction zone. This Subsection
applies to a construction zone or work zone located upon a highway
divided into two (2) or more marked lanes for traffic moving in the
same direction and for which motor vehicles are instructed to merge
from one (1) lane into another lane by an appropriate sign erected
by the Department of Transportation or a contractor performing work
for the Department of Transportation.
g.
This Subsection shall not be construed to enhance the assessment
of Court costs or the assessment of points pursuant to Section 302.302,
RSMo.
[Ord. No. 793-99 §§1 —
2, 5-17-1999]
A. If
entry onto the private property of a citizen of Kearney, Missouri,
in an area thereof wherein there may be a constitutionally recognized
expectation of privacy is required or allowed by any ordinance of
the City, the City officials so required or allowed shall, before
said entry, secure consent of the owner or a search warrant from the
Municipal Court upon a showing of probable cause and substantially
in accordance with the Missouri Rules of Criminal Procedure for similar
warrants.
B. The
Municipal Court upon good cause shown is also authorized to issue
other appropriate orders to aid in the enforcement of the City's ordinances
as may be allowed by law.