[R.O. 1996 § 130.010]
There is hereby established in this
City a Municipal Court, to be known as the "Grain Valley Municipal
Court, a Division of the 16th Judicial Circuit 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."
[R.O. 1996 § 130.020; Ord. No. 853 § 1, 5-24-1993; Ord. No. 1065 §§ 1
— 2, 12-23-1996; Ord. No. 1172 §§ 1 — 2, 3-23-1998; Ord. No. 1438, 10-8-2001; Ord. No. 2309 § 1, 9-9-2013; Ord. No. 2551, 7-26-2021; Ord. No. 2559, 10-11-2021; Ord. No. 2442, 1-22-2024]
A.
In addition to any and all other Court
costs and fines set forth, the Clerk of the Municipal Court of the
City of Grain Valley, Missouri, shall assess the following Court costs
in all cases:
1.
Costs of Court in the amount of twelve
dollars ($12.00).
2.
Police Officer Training.
a.
Locally. In all cases for the training
of Police Officers in the amount of two dollars ($2.00). This fee
shall be transmitted monthly to the Treasurer of the City.
b.
Statewide.
(1)
Imposition Of One Dollar
($1.00) Court Costs. There is hereby imposed, in addition to other
Court costs as previously authorized, the sum of one dollar ($1.00)
for each violation of municipal ordinances in this City.
(2)
Remittance To State
Fund. The Municipal Court Clerk shall send all Court costs collected
pursuant to this Subsection directly to the State Treasury to the
credit of the Peace Officers Standards and Training Commission Fund
created pursuant to Section 590.178, RSMo. The check should be payable
to the Treasurer, State of Missouri, and mailed before the 15th of
each month to:
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Budget Director
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Department of Public Safety
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Post Office Box 749
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Jefferson City, Missouri 65102
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3.
Other costs as assessed by the Judge,
Municipal Division, Jackson County Circuit Court, including seven
dollars fifty cents ($7.50) per charge for the Crime Victims' Compensation
Fund on all cases. The Municipal Court Clerk shall remit seven dollars
thirteen cents ($7.13) to the State Department of Revenue and thirty-seven
cents ($0.37) to the City Treasury.
4.
In addition to the other costs authorized
in this Section, there shall be assessed a State Court automation
surcharge of seven dollars ($7.00) in all cases in which court costs
are taxed. Said surcharge 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.
[R.O. 1996 § 130.030; Ord. No. 853 § 2, 5-24-1993; Ord. No. 1306 § 1, 12-27-1999; Ord. No. 1438, 10-8-2001; Ord. No.
2011 § 1, 1-26-2009; Ord. No. 2348 § 1, 12-8-2014]
A.
In addition to any and all other Court
costs and fines set forth, the Clerk of the Municipal Court of the
City of Grain Valley, Missouri shall assess the court costs, when
applicable:
1.
Shelters For Victims Of Domestic
Violence. Four dollars ($4.00) in addition to Court costs for each
Court proceeding filed for any violation of the ordinances of the
City of Grain Valley. No such costs shall be collected in any proceeding
in such Court when the proceedings have been dismissed or the defendant
has been discharged. Such costs collected shall be transmitted to
the City Clerk and the City's General Fund to be used solely for the
purpose of providing operating expenses for shelters for victims of
domestic violence that are qualified under State law to receive these
funds.
2.
(Reserved)
3.
(Reserved)
[R.O. 1996 § 130.040; Ord. No. 853 § 3, 5-24-1993]
The Judge may waive assessment of
the Court costs set forth herein in those cases where the defendant
is found by the Judge to be indigent and unable to pay the cost or
in cases where circumstances demand.
[R.O. 1996 § 130.050; Ord. No. 876 § 1, 10-25-1993]
A.
Any
person who has been duly served with a summons issued by the Court
or by any officer authorized to issue a summons and who shall fail
or refuse to obey any of its terms and conditions, or who shall fail
to appear at the place and at the time fixed therein, shall be punished
by a fine of not less than one hundred twenty-five dollars ($125.00)
nor more than five hundred dollars ($500.00), or by imprisonment for
not more than thirty (30) days, or by both such fine and imprisonment.
B.
No
additional charge shall be issued for the failure to appear for a
minor traffic violation.
[R.O. 1996 § 342.090; Ord. No. 815 § 14-114, 9-28-1992]
A.
Upon a plea of guilty, finding of guilty or conviction for violation of the provisions of Section 215.045, Section 215.050, Section 215.070, Section 215.075, Section 215.085, Section 342.020, or Section 342.030 of this Code while operating a motor vehicle, the Court may, in addition to imposition of any penalties provided by law, order the person to reimburse the Police Department for the costs associated with such arrest.
B.
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.
C.
The Police Department may establish a schedule
of costs for submission to the court; however, the court may order
the costs reduced if it determines that the schedule of costs is excessive
given the circumstances of the case or for good cause shown.
D.
These fees shall be calculated as additional
costs by the Municipal Court and shall be collected in the same manner
as other costs and fees are collected.
E.
The City shall retain these fees in a separate
fund known as the "DWI/Drug Enforcement Fund." Monies within the DWI/Drug
Enforcement Fund shall be appropriated by the City Administrator,
after reimbursement for actual daily charges paid pertaining to the
incarceration of the person when booked and held in a jail, to the
Municipal Court, to offset said expenses, to the Police Department
from such fund to be specifically used to enhance and support the
enforcement and prosecution of alcohol and drug related traffic laws
within the City.
[R.O. 1996 § 130.060; Code 1985,
§ 21.600; CC 1990 § 15-26]
The Board of Aldermen shall select
a Clerk of the Municipal Court who shall hold office and serve at
the pleasure of the Mayor and Board of Aldermen.
[R.O. 1996 § 130.070; Code 1985,
§ 21.610; CC 1990 § 15-27]
The Court Clerk shall be at least
eighteen (18) years of age and shall possess all qualifications as
required by the Mayor and Board of Aldermen.
[R.O. 1996 § 130.080; Code 1985,
§ 21.620; CC 1990 § 15-28]
The Municipal Court Clerk shall perform
all duties as set forth by the Judge of the Grain Valley Municipal
Division of the Circuit Court of Jackson County, Missouri; and shall
collect Municipal Court fines and monies and issue receipts therefor.
The Clerk shall assist the Municipal Court in preparing records when
requested insofar as it does not infringe on the confidentiality of
the Police Department. The Clerk also shall maintain a bank account
in the name of the Municipal Court; shall make timely deposits of
all monies collected; shall remit to the City Clerk the monthly collection
on or before the last day of each month; shall maintain accurate receipt
and court transaction records; and shall present them to an auditing
firm so designated by the Board of Aldermen at the time of the annual
audit of all other City records.
[R.O. 1996 § 130.090; Code 1985,
§ 21.630; CC 1990 § 15-29]
The Municipal Court Clerk shall be
on duty at the City Hall forty (40) hours per week during regular
business hours. The Clerk shall also attend all Court sessions and
shall perform such duties as required by the Court.
[R.O. 1996 § 130.100; Code 1985,
§ 21.640; CC 1990 § 15-30]
The salary of the Court Clerk shall
be such sum as may be from time-to-time set by the Board of Aldermen
by ordinance.
[R.O. 1996 § 130.110; Code 1985,
§ 21.650; CC 1990 § 15-31]
The bond of the Court Clerk shall
be fixed by ordinance of the Board of Aldermen based upon recommendations
of the auditor employed by the City. Such bond shall be furnished
by the City.
[R.O. 1996 § 130.120; Code 1985,
§ 21.660; CC 1990 § 15-32]
The Court Clerk shall be allotted
a vacation as provided in the City's personnel regulations.
