City of Breckenridge Hills, MO
St. Louis County
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Table of Contents
Table of Contents

Section 125.010 Court Established.

Section 125.020 Jurisdiction.

Section 125.030 Municipal Judge — Selection and Contract — Compensation.

Section 125.040 Term of Office.

Section 125.050 Vacation of Office.

Section 125.060 Qualifications for Office.

Section 125.070 Provisional Municipal Judge.

Section 125.080 Powers and Duties of Municipal Judge — Generally.

Section 125.085 Department Head for Municipal Court Clerks; Powers; Duties.

Section 125.090 Superintending Authority.

Section 125.100 Payment to City Treasurer.

Section 125.110 Docket and Court Records.

Section 125.120 Violations Bureau — Clerk and Costs.

Section 125.130 Issuance and Execution of Warrants.

Section 125.140 Arrest Without Warrants.

Section 125.150 Jury Trials — Circuit Court.

Section 125.160 Duties of the City Prosecuting Attorney.

Section 125.165 When Persons Must Appear in Court.

Section 125.170 Failure to Appear in Response to a Notice or Summons.

Section 125.175 Uniform Summons and Complaint to Be Issued When Vehicle Illegally Parked or Stopped.

Section 125.180 Summoning of Witnesses.

Section 125.190 Transfer of Complaint to Associate Circuit Judge.

Section 125.200 Jailing of Defendants.

Section 125.210 Parole or Probation — When Granted — Certificate — Conditions of Probation — Modification of Conditions.

Section 125.220 Appeals — Bonds.

Section 125.230 Breach of Recognizance.

Section 125.240 Disqualification of Municipal Judge From Hearing Particular Cases.

Section 125.245 Undue Influence by City Council Unlawful.

Section 125.250 Municipal Court Clerk.

Section 125.260 Court Costs and Replacement.

Section 125.270 Assessment and Collection of Court Costs.

Section 125.280 Costs Assessed Against Prosecution.

Section 125.290 Court Costs and Fines — Payment.

Section 125.300 Administrative Warrants.

Section 125.010 Court Established.

[CC 1996 §125.010; CC 1981 §125.010; Ord. No. 477 §1, 12-18-1978]
There is hereby established in this City a Municipal Court to be known as the "City of Breckenridge Hills, Missouri, Municipal Court, a Division of the 21st Judicial Circuit Court of the State of Missouri". This Court is a continuation of the Municipal Court of the City as previously established and is termed herein "the Municipal Court".

Section 125.020 Jurisdiction.

Violations of municipal ordinances shall be heard and determined only before divisions of the Circuit Court as hereinafter provided in this Chapter. "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, including, but not limited to, the use of a system of administrative adjudication as provided in Section 479.011, RSMo., preliminary to a determination by appeal to the court in question.

Section 125.030 Municipal Judge — Selection and Contract — Compensation.

[CC 1996 §125.030; CC 1981 §125.030; Ord. No. 477 §3, 12-18-1978; Ord. No. 497 §§2 — 3, 11-28-1979]
A. 
The Judge of the City Municipal Court shall be known as a Municipal Judge of the 21st Judicial Circuit Court and shall be selected as follows:
1. 
He/she shall be appointed to his/her position by the City Council for a term as specified herein.
2. 
The City of Breckenridge Hills, Missouri, is hereby authorized to contract with a duly licensed attorney in the State of Missouri to serve as the Municipal Judge. Said Municipal Judge shall have those powers and duties as set forth in said contract, the City ordinances, the Statutes of the State of Missouri and the Missouri Rules of Civil Procedure.
3. 
Said Municipal Judge shall be compensated for his/her services rendered as Municipal Judge pursuant to the provisions and terms of the contract with said Municipal Judge.

Section 125.040 Term of Office.

[CC 1996 §125.040; CC 1981 §125.040; Ord. No. 477 §4, 12-18-1978]
The Municipal Judge shall hold his/her office for a period of two (2) years and shall take office bi-annually from January 1, 1979. 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.

Section 125.050 Vacation of Office.

[CC 1996 §125.050; CC 1981 §125.050; Ord. No. 477 §5, 12-18-1978]
A. 
The Municipal Judge shall vacate his/her office under the following circumstances:
1. 
Upon removal from office by the State Commission on the Retirement, Removal and Discipline of Judges as provided in Missouri Supreme Court Rule 12, or
2. 
Upon attaining his/her seventy-fifth (75th) birthday, or
3. 
If he/she should loose his/her license to practice law within the State of Missouri.

Section 125.060 Qualifications for Office.

[CC 1996 §125.060; CC 1981 §125.060; Ord. No. 477 §6, 12-18-1978; Ord. No. 497 §1, 11-28-1979]
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 of Missouri.
2. 
He/she need not reside within the City.
3. 
He/she must be a resident of the State of Missouri.
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.
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.

Section 125.070 Provisional Municipal Judge.

[CC 1996 §125.070; CC 1981 §125.070; Ord. No. 477 §24, 12-18-1978; Ord. No. 498 §8, 11-28-1979]
A. 
There is hereby established the position of Provisional Municipal Judge of the City of Breckenridge Hills, Missouri. Said Provisional Municipal Judge shall possess the qualifications recited in Section 125.060 of this Chapter before he/she shall serve as Provisional Municipal Judge. Said Provisional Municipal Judge shall act in the name, place and stead of the Municipal Judge of the City of Breckenridge Hills, Missouri, and shall preside over sessions of the Municipal Court of the City of Breckenridge Hills, Missouri, when requested to do so by the Municipal Judge or by the Mayor with the approval of a majority of the members of the City Council. When sitting as Provisional Municipal Judge, said Judge shall hear and decide cases which shall come before him/her involving the ordinances of the City of Breckenridge Hills, Missouri, shall have the power to access punishment as provided in said ordinances and shall have those powers and perform those duties applicable to the Municipal Judge as set forth in this Code, the ordinances of the City of Breckenridge Hills, Missouri, the Statutes of the State of Missouri and the Missouri Rules of Practice and Procedure in Municipal and Traffic Courts promulgated by the Supreme Court of the State of Missouri. Said Provisional Municipal Judge shall be selected and appointed by the City Council by a majority vote of the City Council and shall serve at the pleasure of the City Council until he/she resigns or is terminated by said Council. Said appointment shall be made and confirmed by an ordinance duly enacted by the City Council. Said Provisional Municipal Judge shall hold office for the term of office recited in Section 125.040 of this Chapter. Said Provisional Municipal Judge shall receive for his/her services such compensation as may be specified from time to time by an ordinance duly enacted by the City Council.
B. 
The City of Breckenridge Hills, Missouri, is hereby authorized to contract with a duly licensed attorney in the State of Missouri to serve as the Provisional Municipal Judge. Said Provisional Municipal Judge shall have those powers and duties as set forth in said contract, the City ordinances, the Statutes of the State of Missouri and the Missouri Rules of Civil Procedure.
C. 
Said Provisional Municipal Judge shall be compensated for his/her services rendered as Provisional Municipal Judge pursuant to the provisions and terms of the contract with said Provisional Municipal Judge.

Section 125.080 Powers and Duties of Municipal Judge — Generally.

[CC 1996 §125.080; CC 1981 §125.080; Ord. No. 477 §10, 12-18-1978]
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, RSMo.
2. 
Administer oaths and enforce due obedience to all orders, rules and judgments made by him/her 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 States 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 and other ordinances of this City.

Section 125.085 Department Head for Municipal Court Clerks; Powers; Duties.

[Ord. No. 1213 §1, 5-19-2014]
A. 
The department head for the Municipal Court Clerks shall be appointed by the Mayor with the consent and approval of a majority of the elected members of the City Council and shall hold such office until a successor is duly appointed, unless sooner removed by the Mayor, with the approval and majority of the elected members of the City Council.
B. 
The department head shall serve as a liaison to confirm that said Court fees and dues are paid in a timely manner and, if they are not, notify the Municipal Judge of same.
C. 
Upon request by the City Council, the department head will report to the City Council as to the timeliness of all Court fees and dues and consult with the Municipal Judge to determine and, upon request, report as to the efficiency and competency of the Court Clerks.
D. 
The department head shall not have access over personal court files, records and/or active criminal, traffic and housing matters and shall not interfere in any manner with said matters.

Section 125.090 Superintending Authority.

[CC 1996 §125.090; CC 1981 §125.090; Ord. No. 477 §7, 12-18-1978]
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.

Section 125.100 Payment to City Treasurer.

[CC 1996 §125.100; CC 1981 §125.100; Ord. No. 477 §8, 12-18-1978; Ord. No. 1081 §§1 — 2, 8-16-2004]
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 City Council of the City for examination at its first (1st) session thereafter. The Municipal Court shall, within ten (10) days after the first (1st) of the month, pay to the City Treasurer the full amount of all fines collected during the preceding months, if they have not been previously paid.

Section 125.110 Docket and Court Records.

[CC 1996 §125.110; CC 1981 §125.110; Ord. No. 477 §9, 12-18-1978]
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 St. Louis 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.

Section 125.120 Violations Bureau — Clerk and Costs.

[CC 1996 §125.120; CC 1981 §125.120; Ord. No. 477 §11, 12-18-1978]
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 Municipal Court Clerk is hereby designated as the Violations Clerk for said Bureau, if established.

Section 125.130 Issuance and Execution of Warrants.

[CC 1996 §125.130; CC 1981 §125.130; Ord. No. 477 §12, 12-18-1978]
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.

Section 125.140 Arrest Without Warrants.

[CC 1996 §125.140; CC 1981 §125.140; Ord. No. 610 §1, 11-21-1983]
The Chief of Police or other Police Officer of the City shall, without a warrant, make arrests 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. The power of arrest authorized by this Section is in addition to all other powers conferred upon Law Enforcement Officers and shall not be construed so as to limit or restrict any other power of any Law Enforcement Officer.

Section 125.150 Jury Trials — Circuit Court.

[CC 1996 §125.150; CC 1981 §125.150; Ord. No. 477 §14, 12-18-1978]
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 demands trial by jury, the Municipal Court shall certify the case to the Presiding Judge of the Circuit Court for reassignment.

Section 125.160 Duties of the City Prosecuting Attorney.

[CC 1996 §125.160; CC 1981 §125.160; Ord. No. 477 §15, 12-18-1978]
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.

Section 125.165 When Persons Must Appear in Court.

[CC 1996 §375.025; CC 1981 §390.030; Ord. No. 450 §8, 12-5-1977]
Any person who has been guilty of two (2) or more violations of the provisions of this Code within the preceding twelve (12) months shall not be permitted to pay a fine to the Traffic Violations Bureau, but must appear in court at the specified time by said notice.

Section 125.170 Failure to Appear in Response to a Notice or Summons.

[CC 1996 §125.170; CC 1981 §125.170; Ord. No. 377 §§1 — 2, 7-21-1975]
A. 
It shall be unlawful for any person to willfully violate his/her written promise to appear in connection with a summons or notice issued to him/her to appear in the Municipal Court of the City of Breckenridge Hills on a specified date.
B. 
Any person who violates any of the provisions of this Section shall be guilty of a misdemeanor, regardless of the disposition of the charge on which he/she was originally arrested. Upon conviction, such person shall be punished by a fine not to exceed five hundred dollars ($500.00) or by imprisonment for a period not to exceed ninety (90) days, or by both such fine and imprisonment.
C. 
This Section shall not apply to any minor traffic violation, as defined by Section 300.010 of the Breckenridge Hills Municipal Code.
[Ord. No. 1237 §3, 8-17-2015]

Section 125.175 Uniform Summons and Complaint to Be Issued When Vehicle Illegally Parked or Stopped.

[CC 1996 §375.030; CC 1981 §390.040]
Whenever any motor vehicle without driver is found parked or stopped in violation of any of the restrictions imposed by ordinance of the City or by State law, the officer finding such vehicle shall take its registration number and may take any other information displayed on the vehicle which may identify its user and shall conspicuously affix to such vehicle a uniform summons and complaint for the driver to answer to the charge against him/her within five (5) days during the hours and at a place specified in the uniform summons and complaint.

Section 125.180 Summoning of Witnesses.

[CC 1996 §125.180; CC 1981 §125.180; Ord. No. 477 §16, 12-18-1978]
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.

Section 125.190 Transfer of Complaint to Associate Circuit Judge.

[CC 1996 §125.190; CC 1981 §125.190; Ord. No. 477 §17, 12-18-1978]
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.

Section 125.200 Jailing of Defendants.

[CC 1996 §125.200; CC 1981 §125.200; Ord. No. 477 §18, 12-18-1978]
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 custody of St. Louis County Department of Justices Services or any other confinement that is available to the City by contract. The municipality shall pay the board of such prisoner at the same rate as may now or hereafter be allowed for the keeping of such prisoner in custody. The same shall be taxed as cost.

Section 125.210 Parole or Probation — When Granted — Certificate — Conditions of Probation — Modification of Conditions.

[CC 1996 §125.210; CC 1981 §125.210]
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 dependent of the victim or society in general. Such conditions may include, but need not be limited to:
1. 
Restitution to the victim or any dependent of the victim in an amount to be determined by the Judge; and
2. 
The performance of a designated amount of free work for a public or charitable purpose or purposes as determined by the Judge.
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 probation at any time prior to the expiration or termination of the probation term.

Section 125.220 Appeals — Bonds.

[CC 1996 §125.220; CC 1981 §125.220; Ord. No. 273 §§2 — 4, 4-17-1967; Ord. No. 477 §§20 — 21, 12-18-1978]
A. 
Right Of Appeal. 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 do novo before a Circuit Judge or on assignment before an Associate Circuit Judge. An application for a trial do 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.
B. 
Appeal From Jury Verdicts. 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.
C. 
Appeal Bonds. Appeal bonds shall be in such sum as may be approved by the Judge, but in no case less than one hundred dollars ($100.00). A defendant may be released to appear on his/her own recognizance. The bond shall be in the form prescribed by law or Court rules and approved by the Judge.
D. 
Amount Of Fine In Lieu Of Bonds. Any defendant wishing to appeal from the judgment of the Court assessing a fine shall, in lieu of bond, deposit with the Clerk the amount of fine and costs, which the Clerk shall receive as collateral security for the fine until such appeal is perfected, when it shall be returned to the defendant; but if the appeal is not perfected within ten (10) days, the said collateral shall be applied to satisfy the fine and costs, the deposit is a temporary arrangement for the convenience of the defendant and does not eliminate the requirement for an appeal bond within ten (10) days. It is intended only to permit the defendant time in which to make arrangements for a bond and complete his/her appeal.
E. 
Case Or Government Securities In Lieu Of Sureties. In lieu of sureties on an appeal or appearance bond, the defendant may deposit case or government securities with the City in an amount fixed by the Judge for the bond. Sureties may deposit cash or securities in lieu of other qualifications. Such deposits shall be approved by the Judge or Clerk and delivered to or receipted for by the Clerk.

Section 125.230 Breach of Recognizance.

[CC 1996 §125.230; CC 1981 §125.230; Ord. No. 477 §22, 12-18-1978]
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.

Section 125.240 Disqualification of Municipal Judge From Hearing Particular Cases.

[CC 1996 §125.240; CC 1981 §125.240; Ord. No. 477 §23, 12-18-1978]
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 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 (1) affidavit or disqualification in the same case.

Section 125.245 Undue Influence by City Council Unlawful.

[Ord. No. 1197 §§1 — 3, 10-21-2013]
A. 
It shall be unlawful and an impeachable offense for any member of the Breckenridge Hills City Council, including the Mayor and/or any Council member to interfere with and/or attempt to exert undue influence upon the Breckenridge Hills Municipal Court, Judge, prosecutor and/or Court Clerk with respect to any traffic and/or ordinance violation written by any member of the Breckenridge Hills Police/Code Enforcement Department(s).
B. 
Definitions. As used in this Section, the following terms shall have the meanings indicated:
UNDUE INFLUENCE
That influence which by force, coercion, or over-persuasion destroys the free agency and/or the free decision-making ability of the benefactor. Also, the subjective opinion of the Municipal Judge, prosecutor and/or Court Clerk.
C. 
Any person convicted of violating the provisions of this Section shall be punished by a fine not to exceed one hundred dollars ($100.00), and such violation shall be considered an "impeachable offense," as defined by Missouri law.

Section 125.250 Municipal Court Clerk.

[CC 1996 §125.250; CC 1981 §125.250; Ord. No. 477 §25, 12-18-1978]
A. 
There is hereby created the position of Clerk of the Municipal Court of the City of Breckenridge Hills, Missouri. The duties of said Clerk shall be as follows:
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/her.
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 Violations Clerk of the Violations Bureau.
6. 
Perform all other duties as provided for by ordinance, by rules of practice and 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 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 St. Louis County.

Section 125.260 Court Costs and Replacement.

[CC 1996 §125.260; Ord. No. 1044 §1, 9-16-2002]
A. 
In addition to any fine that may be imposed by the Municipal Judge, there shall be assessed as Court costs or recoupment fees the following:
1. 
Municipal Court costs in the amount of twelve dollars ($12.00) in all cases.
2. 
For each defendant who pleads guilty or is found guilty, an additional surcharge in the amount of three dollars ($3.00), provided that no such fee shall be collected in any proceeding when the proceeding or defendant has been dismissed by the Court. All sums collected pursuant to this Subsection shall be distributed as follows:
a. 
Two dollars ($2.00) of the three dollars ($3.00) shall be transmitted monthly to the Treasurer of the City to be 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 the three dollars ($3.00) shall be shall be sent to the Missouri Treasury to the credit of the Peace Officer Standards and Training Commission Fund created by Section 590.178, RSMo.
3. 
For each defendant who pleads guilty, is found guilty or receives a suspended imposition of sentence, an additional surcharge for the Crime Victims' Compensation Fund in the amount of seven dollars fifty cents ($7.50), provided that no such fee shall be collected in any proceeding when the proceeding or the defendant has been dismissed by this Court. The Court Clerk shall allocate seven dollars thirteen cents ($7.13) of said surcharge to the Missouri Department of Revenue and the remaining thirty-seven cents ($0.37) to the City Treasury.
4. 
Upon a plea of guilty, a finding of guilty or a suspended imposition of sentence (SIS) for any offense charged pursuant to Chapter 342 of the City Code requiring the administration of a blood alcohol or similar test, recoupment to the City for the reasonable costs relating to the investigation, arrest, processing and incarceration of said defendant, including the cost of any necessary chemical test, all as provided in Section 342.040 hereof. In assessing such reimbursable costs the Municipal Court shall consider the schedule of costs established by the City's Police Department, but the Court has the authority to reduce such costs if determined to be excessive.
5. 
Upon a plea of guilty, a finding of guilty or a suspended imposition of sentence (SIS) for any municipal offense violation, recoupment to the City for the reasonable costs relating to the investigation, arrest, processing and incarceration of said defendant. In assessing such reimbursable costs the Municipal Court shall consider the schedule of costs established by the City's Police Department, but the Court has the authority to reduce such costs if determined to be excessive.
6. 
In addition, upon a plea of guilty, a finding of guilty or a suspended imposition of sentence (SIS) for any municipal offense violation, the Municipal Court may assess the following miscellaneous charges in accordance with a schedule of fees established by the Municipal Court, such schedule to be posted in the office of the Municipal Court Clerk and made available on request:
a. 
For the issuance of a warrant, issuance of a commitment, letter of notice of failure to appear in Court, issuance of a summons and continuances requested by defendant and granted;
b. 
The actual charges assessed against the City for apprehension by or confinement in another municipal or County jurisdiction;
c. 
Charges for mileage, in the same amount as provided to the County 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;
d. 
Appeal costs from Municipal Court to the Circuit Court of St. Louis County as required by the St. Louis County Circuit Clerk; and
e. 
Expert witness fees required by the City shall be taxed as costs by the Court. Expert witnesses are witnesses who testify relative to matters outside the scope of general knowledge and possess special skills and knowledge.

Section 125.270 Assessment and Collection of Court Costs.

[CC 1996 §125.270; CC 1981 §125.270; Ord. No. 416 §2, 12-20-1976]
The aforesaid Court costs shall be assessed and collected from the defendant in all cases upon either a plea of guilty by the defendant or a finding of guilty by the Municipal Judge or the Provisional Municipal Judge of the City of Breckenridge Hills, Missouri, or by any duly appointed Acting Municipal Judge of the City of Breckenridge Hills, Missouri. Said Judges shall have the authority to waive the assessment and/or collection of Court costs in any case.

Section 125.280 Costs Assessed Against Prosecution.

[CC 1996 §125.280; CC 1981 §125.280; Ord. No. 477 §27, 12-18-1978]
The costs of any action may be assessed against the prosecuting witness and judgment 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.

Section 125.290 Court Costs and Fines — Payment.

[CC 1996 §125.290; CC 1981 §125.290; Ord. No. 416 §4, 12-20-1976; Ord. No. 477 §28, 12-18-1978]
A. 
The Court costs herein established shall be in addition to any fine or other punishment levied by the Court pursuant to the provisions of the ordinances of the City of Breckenridge Hills, Missouri, and shall be paid and collected before the defendant is released from custody after trial or as directed and specified by the Municipal Judge, the Provisional Municipal Judge or any duly appointed Acting Municipal Judge of the City of Breckenridge Hills, Missouri.
B. 
When a fine is assessed for violating an ordinance, 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.

Section 125.300 Administrative Warrants.

[Ord. No. 987 §1, 6-21-1999]
A. 
Administrative Warrant Defined — Who May Issue, Execute.
1. 
An "administrative warrant" is a written order of the Municipal Judge of the City of Breckenridge Hills, Missouri, commanding the search, inspection or seizure of any property or place and the photographing, copying or recording of property or physical conditions found thereon or therein to determine the existence of or to abate violations of any ordinance of the City. An administrative warrant may be issued to search for, inspect, seize, photograph, copy or record any property, article, material or substance that constitutes evidence of the violation of any City ordinance.
2. 
The Municipal Judge of the City, having original and exclusive jurisdiction to determine violations against the ordinances of the municipality, may issue an administrative warrant when the property or place to be searched, inspected or seized is located within the municipality at the time of the making of the application.
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 unless the warrants are endorsed in the manner provided for warrants in criminal cases and, when so endorsed, shall be served in other jurisdictions as provided for in warrants in criminal cases.
B. 
Who May Apply For Warrant — Contents Of Application.
1. 
Any Police Officer or the Prosecuting Attorney of the City may make application to the Municipal Judge for the issuance of an administrative warrant.
2. 
The application shall:
a. 
Be in writing;
b. 
State the time and date of the making of the application;
c. 
Identify the property, article, material, substance or person which is to be searched for and seized, in sufficient detail and particularity that the officer executing the warrant can readily ascertain it;
d. 
State facts sufficient to show probable cause for the issuance of a search warrant to search or inspect for violations of any City ordinance;
e. 
Be verified by the oath or affirmation of the applicant; and
f. 
Be signed by the Prosecuting Attorney of the City or his/her designated assistant 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 search warrant and in filling out any deficiencies in the description of the person, place or thing to be searched or of the property, article, material, substance or person to be seized. Oral testimony shall not be considered. The application may be submitted by facsimile or other electronic means.
C. 
Hearing — Contents Of Warrant — Execution And Return.
1. 
The Municipal Judge shall hold a non-adversarial hearing to determine whether sufficient facts have been stated to justify the issuance of a warrant. If it appears from the application and any supporting affidavit that there is probable cause to inspect, search or seize property for violations of any City ordinance, a warrant shall immediately be issued. 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. 
The warrant shall:
a. 
Be in writing and in the name of the City;
b. 
Be directed to any Police Officer in the City;
c. 
State the time and date the warrant was issued;
d. 
Identify the property, article, material, substance or person which is to be searched for and seized, 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, inspected or seized and that any photographs, copies or recordings of any evidence of any City ordinance violations found therein or thereon 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/her title of office indicated.
3. 
Additional requirements.
a. 
A warrant issued under this Section may be executed only by a Police Officer in the following manner:
(1) 
The warrant shall be executed by conducting the search, inspection or seizure commanded and shall be executed as soon as practicable and in a reasonable manner;
(2) 
The warrant may be executed at night if making it during the daytime is not practicable;
(3) 
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. A search and any subsequent searches of the contents of any property, article, material or substance seized and removed from the location of the execution of any search warrant during its execution may be conducted at any time during or after the execution of the warrant, subject to the continued existence of probable cause to search the property, article, material or substance seized and removed. A search and any subsequent searches of the property, article, material or substance seized and removed may be conducted after the time for delivering the warrant, return and receipt to the issuing judge has expired. A supplemental return and receipt shall be delivered to the issuing judge upon final completion of any search which concludes after the expiration of time for delivering the original return and receipt.
b. 
After execution of the warrant, the warrant with a return thereon, signed by the officer executing same, shall be delivered to the Judge who issued the warrant. The return shall show the date and manner of execution, what was searched, inspected, seized, photographed, copied or recorded and the name of the possessor and of the owner of the property or places searched, inspected or seized, when he/she is not the same person, if known.
D. 
Warrant Invalid — When. A warrant shall be deemed invalid:
1. 
If it was not issued by the Municipal Judge of the City;
2. 
If it was issued without a written application having been filed and verified;
3. 
If it was issued without probable cause;
4. 
If it was not issued with respect to property or places in the City;
5. 
If it does not describe the person, place or thing to be searched or the property, article, material, substance or person to be seized with sufficient certainty;
6. 
If it is not signed by the Judge who issued it; or
7. 
If it was not executed within the time period prescribed by Subsection (C)(3)(a)(3) of this Section.