City of Cabool, MO
Texas County
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Table of Contents
Table of Contents
State Law Reference: As to certain violations concerning an accused with special needs, §479.040, RSMo.
[R.O. 2011 §125.010; Ord. No. 475 §2, 12-4-1978]
There is hereby established in this City a Municipal Court to be known as the "Cabool Municipal Court, a Division of the 25th 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".
[R.O. 2011 §125.020; Ord. No. 475 §2, 12-4-1978]
The jurisdiction of the Municipal Court shall extend to all cases involving alleged violations of the ordinances of the City.
[R.O. 2011 §125.030; Ord. No. 475 §2, 12-4-1978]
The Judge of the City's Municipal Court shall be known as a Municipal Judge of the 25th Judicial Circuit Court, and shall be selected as follows:
He/she shall be appointed to his/her position by the Mayor, subject to the confirmation of the Board of Aldermen, for a term as specified herein.
[R.O. 2011 §125.040; Ord. No. 475 §2, 12-4-1978]
The Municipal Judge shall hold his/her office for a period of two (2) years and shall take office biannually from May 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.
[R.O. 2011 §125.050; Ord. No. 475 §2, 12-4-1978]
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 the Municipal Judge is a lawyer, if he/she should lose his/her license to practice law within the State of Missouri.
[R.O. 2011 §125.060; Ord. No. 475 §2, 12-4-1978]
A. 
The Municipal Judge shall possess the following qualifications before he/she shall take office:
1. 
He/she must be a licensed attorney, qualified to practice law within the State of Missouri; or, within six (6) months after selection for the position, each Municipal Judge who is not licensed to practice law in this State shall satisfactorily complete the course of instruction for Municipal Judges prescribed by the Supreme Court.
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 a Municipal Judge for any other municipality.
6. 
He/she may not hold any other office within the City Government.
B. 
The Municipal Judge shall be considered holding a part-time position and as such may accept other employment.
C. 
No Municipal Judge shall serve as a Municipal Judge in more than five (5) municipalities at one (1) time. A Court that serves more than one (1) municipality shall be treated as a single municipality for the purposes of this Subsection.
[R.O. 2011 §125.070; Ord. No. 475 §2, 12-4-1978]
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.
[R.O. 2011 §125.080; Ord. No. 475 §2, 12-4-1978]
The Municipal Judge shall cause to be prepared within the first (1st) ten 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 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 (1st) session thereafter. The Municipal Court shall, within the ten (10) days after the first (1st) day of the month, pay to the Municipal Treasurer the full amount of all fines collected during the preceding months, if they have not previously been paid.
[R.O. 2011 §125.090; Ord. No. 475 §2, 12-4-1978]
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 Texas 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.
[R.O. 2011 §125.100; Ord. No. 475 §2, 12-4-1978]
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 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.
[Ord. No. 001-2017 § 1, 2-20-2017]
A. 
The following procedures are adopted, and the certification shall include the following:
1. 
Defendants in custody pursuant to an initial arrest warrant issued by a Municipal Court have an opportunity to be heard by a judge in person, by telephone, or video conferencing as soon as practicable and not later than forty-eight (48) hours on minor traffic violations and not later than seventy-two (72) hours on other violations and, if not given that opportunity, are released;
2. 
Defendants in municipal custody shall not be held more than twenty-four (24) hours without a warrant after arrest;
3. 
Defendants are not detained in order to coerce payment of fines and costs unless found to be in contempt after strict compliance by the Court with the due process procedures mandated by Missouri Supreme Court Rule 37.65 or its successor rule;
4. 
The Municipal Court has established procedures to allow indigent defendants to present evidence of their financial condition and takes such evidence into account if determining fines and costs and establishing related payment requirements;
5. 
The Municipal Court only assesses fines and costs as authorized by law;
6. 
No additional charge shall be issued for the failure to appear for a minor traffic violation;
7. 
The Municipal Court conducts proceedings in a courtroom that is open to the public and large enough to reasonably accommodate the public, parties, and attorneys;
8. 
The Municipal Court makes use of alternative payment plans;
9. 
The Municipal Court makes use of community service alternatives for which no associated costs are charged to the defendant; and
10. 
The Municipal Court has adopted an electronic payment system or payment by mail for the payment of minor traffic violations.
[R.O. 2011 §125.110; Ord. No. 475 §2, 12-4-1978]
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 City Clerk is hereby designated as the Violations Clerk for said Bureau, if established.
[R.O. 2011 §125.120; Ord. No. 475 §2, 12-4-1978]
All warrants issued by the Municipal Judge shall be directed to the City Marshal or any other Police Officer of the Municipality or to the Sheriff of the County. The warrant shall be executed by the Marshal, 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.
[R.O. 2011 §125.130; Ord. No. 475 §2, 12-4-1978]
The City Marshal or other Police Officer of the City shall, without a warrant, make arrest of any person who commits an offense in his/her presence, but such officer shall, before the trial file a written complaint with the Judge hearing violations of municipal ordinances.
[R.O. 2011 §125.140; Ord. No. 475 §2, 12-4-1978]
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.
[R.O. 2011 §125.150; Ord. No. 475 §2, 12-4-1978]
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.
[R.O. 2011 §125.160; Ord. No. 475 §2, 12-4-1978]
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 the 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.
A. 
If, in the progress of any trial before the 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 Court Judge of the County.
B. 
For purposes of this Section, any offense involving the operation of a motor vehicle in an intoxicated condition as defined in Section 577.001, RSMo., shall not be cognizable in Municipal Court, if the defendant has been convicted, found guilty, or pled guilty to two (2) or more previous intoxication-related traffic offenses as defined in Section 577.001, RSMo., or has had two (2) or more previous alcohol-related enforcement contacts as defined in Section 302.525, RSMo.
[R.O. 2011 §125.180]
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.
[R.O. 2011 §125.190; Ord. No. 475 §2, 12-4-1978]
A. 
If the Municipal Judge is a non-lawyer, 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.
B. 
In any case tried before a Municipal Judge who is licensed to practice law in this State or before an Associate Circuit Judge, except where there has been a plea of guilty or the case has been tried with a jury, the defendant shall have a right of trial de novo before a Circuit Judge or upon assignment before an Associate Circuit Judge. An application for a trial de novo shall be filed within ten (10) days after judgment and shall be filed in such form and perfected in such manner as provided by Supreme Court Rule.
[R.O. 2011 §125.200; Ord. No. 475 §2, 12-4-1978]
In all cases in which a jury trial has been demanded, a record of the proceedings shall be made, and appeals may be had upon that record to the appropriate Appellate Court.
[R.O. 2011 §125.210; Ord. No. 475 §2, 12-4-1978]
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.
[R.O. 2011 §125.220; Ord. No. 475 §2, 12-4-1978]
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.
If the Municipal Judge or Provisional Judge be absent, sick or disqualified from acting pursuant to the general administrative authority of the Presiding Judge of the Circuit Court over the Municipal Divisions within the circuit contained in Section 478.240, RSMo., a special Municipal Judge may be designated in accordance with the provisions of Section 479.230, RSMo., until such absence or disqualification shall cease.
[R.O. 2011 §370.010]
A. 
Any person charged with an offense for which payment of a fine may be made to the Violations Bureau shall have the option of paying such fine within the time specified in the notice of arrest at the Violations Bureau upon entering a plea of guilty and upon waiving appearance in Court; or may have the option of depositing required lawful bail, and upon a plea of not guilty shall be entitled to a trial as authorized by law.
B. 
The payment of a fine to the Bureau shall be deemed an acknowledgement of conviction of the alleged offense, and the Bureau, upon accepting the prescribed fine, shall issue a receipt to the violator acknowledging payment thereof.
[R.O. 2011 §125.240; Ord. No. 475 §2, 12-4-1978]
A. 
The City Administrator shall designate some suitable person as the Clerk of the Municipal Court. 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 facia 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.
[R.O. 2011 §125.250; Ord. No. 475 §2, 12-4-1978; Ord. No. 692 §§I — II, 12-16-1996; Ord. No. 765 §§1 — 2, 9-17-2001; Ord. No. 776 §§1 — 2, 9-3-2002; Ord. No. 834, 9-19-2005]
A. 
In addition to any fine that may be imposed by the Municipal Judge, there shall be assessed as costs in all cases the following:
1. 
Cost of Court in the amount of twelve dollars ($12.00), one dollar ($1.00) of which should be deposited in the Judicial Education Fund.
2. 
Peace Officer training.
a. 
Locally. In all cases, costs for the training of Police Officers in the amount of two dollars ($2.00).
b. 
Statewide. The Cabool Municipal Court shall assess an additional one dollar ($1.00) surcharge on all cases of municipal violations filed in the City Court and not dismissed at the cost of the City pursuant to Section 590.140, RSMo. The additional one dollar ($1.00) surcharge so assessed shall be collected and disbursed as provided in Section 514.015, RSMo., and payable to the State Treasury to the credit of the Peace Officer Standards and Training Commission Fund created in Section 590.178, RSMo.
3. 
Crime Victim Compensation Fund, seven dollars fifty cents ($7.50). The Court Clerk shall remit seven dollars thirteen cents ($7.13) of each cost so collected to the Missouri Department of Revenue and thirty-seven cents ($.37) to the City Treasury.
4. 
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.
5. 
Actual costs assessed against the City by the County Sheriff for apprehension or confinement in the County Jail.
6. 
Mileage, in the same amount as provided to the Sheriff in criminal violations, for each mile and fraction thereof the officer must travel in both directions in order to serve any warrant or commitment or order of this Court.
7. 
(Reserved)
8. 
Alcohol- and drug-related traffic offenses. In addition to any other penalties and costs provided by law or ordinance, the Court may order any person convicted of an alcohol- or drug-related traffic offense, or amended alcohol- or drug-related traffic offense, to reimburse the City for the costs associated with the arrest of such person. Such costs shall include the reasonable cost of making the arrest, including the cost of any chemical test made 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. A schedule of such costs shall be established by the Cabool Police Department and filed with the Clerk of the Municipal Court, and the Court may impose costs in accordance with the schedule; provided, the Court may order the costs reduced in a case if the Court determines the costs are excessive.
9. 
Sheriffs' Retirement Fund Surcharge.
[Ord. No. 009-2013 §§1 — 3, 8-19-2013]
a. 
Effective August 28, 2013, a Sheriffs' Retirement Fund surcharge of three dollars ($3.00) shall be imposed and collected as costs in the Texas County Circuit Court, Cabool Municipal Division, in all cases in which Court costs may be assessed and collected.
b. 
The Court Clerk for the Cabool Municipal Division Court shall collect this Sheriffs' Retirement Fund surcharge of three dollars ($3.00) by adding such Court costs to the accounting system of the Cabool Municipal Court.
c. 
The money collected from the Sheriffs' Retirement Fund surcharge of three dollars ($3.00) shall be remitted to the Missouri Sheriff's Retirement Fund, PO Box 105257, Jefferson City, MO 65110, on a monthly basis.
10. 
There shall be imposed a board bill of ten dollars ($10.00) a day on all persons charged with a municipal violation and held at Cabool City Jail.
[Ord. No. 011-2015 §1, 6-15-2015]
[R.O. 2011 §125.260; Ord. No. 475 §2, 12-4-1978]
The costs of any action may be assessed against the prosecuting witness and must 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.
[R.O. 2011 §125.270; Ord. No. 475 §2, 12-4-1978]
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.
[R.O. 2011 §125.280; Ord. No. 707 §§1 — 5, 3-2-1998]
A. 
The Judge of the Cabool Municipal Court, a Division of the 25th Judicial Circuit Court of the State of Missouri, is authorized, in his/her discretion, to utilize the services of the 25th Judicial Circuit Community Service Program, currently called the Community Opportunity Program, in sentencing those who have plead guilty or been convicted of Municipal Code violations in the Cabool Municipal Court.
B. 
The Municipal Judge shall establish the number of hours of community service.
C. 
In all instances, the defendant shall pay a service fee to the community service organization.
D. 
The community service organization shall select the type and place of community service.
E. 
The community service organization shall report successful or unsuccessful completion of the community service work by the defendant to the Court.
[Ord. No. 003-2013 §3, 2-18-2013]
A. 
Notwithstanding any other provision of law and subject to the provisions of this Section, any person may apply to any Court in which such person was found guilty of any of the offenses specified in Subsection (B) of this Section for an order to expunge recordations of such arrest, plea, trial, or conviction. A person may apply to have one (1) or more offenses expunged so long as such person lists all the offenses he or she is seeking to have expunged in the same petition and so long as all such offenses are eligible under Subsection 2 of this Section.
B. 
The following offenses are eligible to be expunged when such offenses occurred within the State of Missouri and were prosecuted under the jurisdiction of a Missouri Municipal Court:
1. 
Any misdemeanor offense of passing a bad check under Section 570.120, RSMo., fraudulently stopping payment of an instrument under Section 570.125, RSMo., or fraudulent use of a credit device or debit device under Section 570.130, RSMo.;
2. 
Any misdemeanor offense of Sections 569.065, 569.067, subdivision (1) of subsection 1 of Section 569.120, Sections 569.140, 569.145, 572.020, 574.020, or 574.075, RSMo.; or
3. 
Any class B or C misdemeanor offense of Section 574.010, RSMo.
C. 
The petition shall name as defendants all law enforcement agencies, Courts, prosecuting attorneys, central State repositories of criminal records, or others who the petitioner has reason to believe may possess the records subject to expungement for each of the offenses listed in the petition. The Court's order of expungement shall not affect any person or entity not named as a defendant in the action.
D. 
The petition shall be dismissed if it does not include the following information:
1. 
The petitioner's:
a. 
Full name;
b. 
Sex;
c. 
Race;
d. 
Driver's license number, if applicable; and
e. 
Current address.
2. 
Each offense charged against the petitioner for which the petitioner is requesting expungement;
3. 
The date the petitioner was arrested for each offense;
4. 
The name of the County where the petitioner was arrested for each offense and if any of the offenses occurred in a municipality, the name of the municipality for each offense;
5. 
The name of the agency that arrested the petitioner for each offense;
6. 
The case number and name of the Court for each offense; and
7. 
The petitioner's fingerprints on a standard fingerprint card at the time of filing a petition for expungement which will be forwarded to the central repository for the sole purpose of positively identifying the petitioner.
E. 
The Court may set a hearing on the matter no sooner than thirty (30) days from the filing of the petition and shall give reasonable notice of the hearing to each entity named in the petition. At the hearing, the Court may accept evidence and hear testimony on, and may consider, the following criteria for each of the offenses listed in the petition for expungement:
1. 
It has been at least ten (10) years if the offense is a misdemeanor, municipal offense, or infraction, since the person making the application completed:
a. 
Any sentence of imprisonment; or
b. 
Any period of probation or parole.
2. 
The person has not been found guilty of a misdemeanor or felony, not including violations of the traffic regulations provided under Chapters 304 and 307, RSMo., during the time period specified for the underlying offense in Subsection (E)(1) of this Subsection;
3. 
The person has paid any amount of restitution ordered by the Court;
4. 
The circumstances and behavior of the petitioner warrant the expungement; and
5. 
The expungement is consistent with the public welfare.
F. 
If the Court determines at the conclusion of the hearing that such person meets all the criteria set forth in Subsection (E) of this Section for each of the offenses listed in the petition for expungement, the Court may enter an order of expungement. A copy of the order shall be provided to each entity named in the petition, and, upon receipt of the order, each entity shall destroy any record in its possession relating to any offense listed in the petition. If destruction of the record is not feasible because of the permanent nature of the record books, such record entries shall be blacked out. Entries of a record ordered expunged shall be removed from all electronic files maintained with the State of Missouri, except for the files of the Court. The records and files maintained in any administrative or Court proceeding in a Municipal Court for any offense ordered expunged under this Section shall be confidential and only available to the parties or by order of the Court for good cause shown. The central repository shall request the Federal Bureau of Investigation to expunge the records from its files.
G. 
The order shall not limit any of the petitioner's rights that were restricted as a collateral consequence of such person's criminal record, and such rights shall be restored upon issuance of the order of expungement. Except as otherwise provided under this Section, the effect of such order shall be to restore such person to the status he or she occupied prior to such arrests, pleas, trials, or convictions as if such events had never taken place. No person as to whom such order has been entered shall be held thereafter under any provision of law to be guilty of perjury or otherwise giving a false statement by reason of his or her failure to recite or acknowledge such arrests, pleas, trials, convictions, or expungement in response to an inquiry made of him or her, and no such inquiry shall be made for information relating to an expungement, except the petitioner shall disclose the expunged offense to any Court when asked or upon being charged with any subsequent offense. The expunged offense may be considered a prior offense in determining a sentence to be imposed for any subsequent offense that the person is found guilty of committing.
H. 
Applications for Certain Licenses, Certificates, Permits and Employment.
1. 
Notwithstanding the provisions of Subsection (G) of this Section to the contrary, a person granted an expungement shall disclose any expunged offense when the disclosure of such information is necessary to complete any application for:
a. 
A license, certificate, or permit issued by this State to practice such individual's profession;
b. 
Any license issued under Chapter 313, RSMo.; or
c. 
Paid or unpaid employment with an entity licensed under Chapter 313, any State-operated lottery, or any emergency services provider, including any Law Enforcement Agency.
2. 
Notwithstanding any provision of law to the contrary, an expunged offense shall not be grounds for automatic disqualification of an applicant, but may be a factor for denying employment, or a professional license, certificate, or permit.
I. 
If the Court determines that such person has not met the criteria for any of the offenses listed in the petition for expungement, the Court shall enter an order dismissing the petition. Any person whose petition for expungement has been dismissed by the Court for failure to meet the criteria set forth in Subsection (E) of this Section may not refile another petition until a year has passed since the date of filing for the previous petition.
J. 
A person may be granted more than one (1) expungement under this Section, provided that no person shall be granted more than one (1) order of expungement from the same Court. Nothing contained in this Section shall prevent the Court from maintaining records to ensure that an individual has only one (1) petition for expungement granted by such Court under this Section.
[Ord. No. 003-2013 §4, 2-18-2013]
There shall be assessed as costs a surcharge in the amount of one hundred dollars ($100.00) on all petitions for expungement filed under the provisions of Section 125.290. Such surcharge shall be collected and disbursed by the Clerk of the Court as provided by Sections 488.010 to 488.020, RSMo. Moneys collected from this surcharge shall be payable to the General Revenue Fund.
[Ord. No. 019-2015 §§1 — 6, 9-14-2015]
A. 
Definitions. As used in this Section, the following terms shall have the meanings indicated:
MINOR TRAFFIC VIOLATIONS
Any violation of a municipal ordinance:
1. 
For which the Missouri Department of Revenue is authorized to assess no more than four (4) points to a person's driving record upon conviction; and
2. 
That does not involve:
a. 
An accident or injury;
b. 
The operation of a commercial vehicle;
c. 
Exceeding a speed limit by more than nineteen (19) miles an hour; or
d. 
A violation occurring within a construction zone or a school zone.
B. 
Those committing minor traffic violations shall not be punishable by imprisonment unless the violation involved alcohol or controlled substances, endangers the health or welfare of others or involved eluding or giving false information to a Law Enforcement Officer.
C. 
A person convicted of a minor traffic violation shall not be placed in confinement for failure to pay a fine unless such non-payment violates the terms of the person's probation.
D. 
The maximum fine and court costs that can be imposed for the violation of any minor traffic violation shall be three hundred dollars ($300.00).
E. 
Court costs shall be assessed against those committing minor traffic violations unless the Court finds that the defendant is indigent.