[Ord. No. 1662 §§1 —
2, 4-28-1999]
There is hereby established in this City a Municipal Court to
be known as the "Richmond Municipal Court, a division of the Eighth
Judicial Circuit Court of the State of Missouri". This Court is a
reinstatement of the Municipal Court of the City as previously established
and is termed herein "the Municipal Court".
[Ord. No. 1662 §§1 —
2, 4-28-1999]
The jurisdiction of the Municipal Court shall extend to all
cases involving alleged violations of the ordinances of the City.
[Ord. No. 1662 §§1 —
2, 4-28-1999]
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 a 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 other employment.
[Ord. No. 1662 §§1 —
2, 4-28-1999]
The Municipal Judge shall hold this office for a period of two
(2) years and shall take office bi-annually from August 1, 1999. If
for any reason a Municipal Judge vacates this office, a successor
shall complete that term of office, even if the same be for less than
two (2) years.
[Ord. No. 1662 §§1 —
2, 4-28-1999; Ord. No.
2073, 2-13-2008]
A.
The
Municipal Judge shall vacate the 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,
2.
Upon attaining his/her seventy-fifth (75th) birthday, or
3.
If he/she should lose his/her license to practice law within the
State of Missouri.
4.
Mayor and/or Council choose not to reappoint.
[Ord. No. 1662 §§1 —
2, 4-28-1999]
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.
[Ord. No. 1662 §§1 —
2, 4-28-1999]
The Municipal Judge shall cause to be prepared within the first
(1st) 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
Administrator for examination. The Municipal Court shall, within the
ten (10) days after the first (1st) of the month, pay to the Municipal
Treasury the full amount of all fines collected during the preceding
months, if such amounts have not previously been paid.
[Ord. No. 1662 §§1 —
2, 4-28-1999]
The Municipal Judge shall be a conservator of the peace. The
Judge, with the assistance of a Court Clerk, an employee of the City,
shall keep a docket in which is entered every case commenced before
him/her and the proceedings therein and shall keep such other records
as may be required. Such docket and records shall be records of the
Circuit Court of Ray County. The Municipal Judge shall deliver the
docket and records of the Municipal Court, and all books and papers
pertaining to this office, to any successor in office or to the Presiding
Judge of the Circuit.
[Ord. No. 1662 §§1 —
2, 4-28-1999]
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, State Statutes, or
the local rules of the Eighth Judicial Circuit Court.
5.
The Municipal Judge shall have such other powers, duties and privileges
as are or may be prescribed by the laws of this State, the rules of
the Supreme Court, this Code or other ordinances of this City.
[Ord. No. 1662 §§1 —
2, 4-28-1999]
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 Clerk of the Municipal Court is hereby designated
as the Violations Clerk for said Bureau, if established.
[Ord. No. 1662 §§1 —
2, 4-28-1999; Ord. No. 2619, 5-31-2023]
A.
The Municipal Judge shall issue administrative search warrants in accordance with Section 130.115 of this Chapter.
B.
All
other warrants issued by a Municipal Judge shall be directed to the
Chief of Police or any other Police Officer of the City. The warrant
shall be executed by the Chief of Police or Police Officer within
the City or 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.
[Ord. No. 2619, 5-31-2023]
A.
Whenever necessary to make an inspection or to enforce any of the
provisions of this Code on private property or whenever any code enforcement
official, the City Nuisance Inspector, Building Official, Chief of
Police, Fire Department official or other employee authorized by the
City Administrator (hereinafter "authorized person") has reasonable
cause to believe that there exists a nuisance, or in any building
or structure any condition which makes such building or structure
unsafe, the authorized person may go upon the property and/or enter
the building or structure at any reasonable time to inspect the same
or to perform any duty imposed upon the authorized person by this
Code, including abatement or removal of any nuisance; provided, if
such property is occupied, the authorized person shall first present
proper credentials and request and obtain permission to enter before
entering the building or structure. Reasonable effort must be made
to locate the owner or other persons having charge or control of the
property when seeking permission for entry.
B.
If no consent has been given to enter or inspect any building, structure,
or premises, no entry or inspection shall be made without the procurement
of an administrative search warrant from the Municipal Judge.
C.
Administrative Search Warrant Defined — Who May Issue, Execute.
1.
An administrative search warrant is a written order of the Municipal
Judge commanding the search or inspection of any property, place or
thing, and the seizure, photographing, copying or recording of property
or physical conditions found thereon or therein, to determine or prove
the existence of violations of any ordinance or Code Section of the
City relating to the use, condition or occupancy of property or structures
located within the City, or to enforce the provisions of any such
ordinance or Code Section.
2.
The Municipal Judge having original and exclusive jurisdiction
to determine violations against the ordinances of the municipality
may issue an administrative search warrant when:
a.
The property or place to be searched or inspected or the thing
to be seized is located within the City at the time of the making
of the application; and
b.
The owner or occupant of the property or place to be searched
or inspected or the thing to be seized has refused to allow same after
official request by the authorized person or is not available after
reasonable investigation and effort; and
c.
The City establishes probable cause to determine that a public
nuisance or other violation of a specified regulation as provided
in this Code may exist.
3.
Any such administrative search 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, in conjunction
with any code enforcement official or other appropriate official,
within the City limits and not elsewhere.
D.
Who May Apply For An Administrative Search Warrant — Contents
Of Application.
1.
Any code enforcement official, Police Officer, attorney of the
City, or the City Administrator or designee may make application to
the Municipal Court for the issuance of an administrative search 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 or places to be entered, searched, inspected
or seized in sufficient detail and particularity that the officer
executing the administrative search warrant can readily ascertain
it;
d.
State that the owner or occupant of the property or places to
be entered, searched, inspected or seized has been requested by the
authorized person to allow such action and refused to allow such action
or is not available after reasonable investigation and effort;
e.
State facts sufficient to show probable cause for the issuance
of an administrative search warrant, including the specification of
the housing, zoning, health or safety regulation sought to be enforced;
f.
Be verified by the oath or affirmation of the applicant; and
g.
Be signed by the applicant and filed in the Municipal Court.
3.
The application shall 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
an administrative search warrant and in filling out any deficiencies
in the description of the property or place to be searched or inspected.
Oral testimony will not be considered. The application may be submitted
by facsimile or other electronic means.
E.
Procedure — Contents Of Administrative Search Warrant —
Execution And Return.
1.
Procedure.
a.
The Municipal Judge shall determine whether probable cause exists
to enter, inspect or search for violations of any City ordinances
or Code Section or to enforce any such ordinance or Code Section.
b.
In doing so the Municipal Judge shall determine whether the
action to be taken by the City is reasonable in light of the facts
stated. The Municipal Judge shall consider:
(1)
The goals of the ordinance or Code Section sought
to be enforced;
(2)
The physical condition of the specified property;
(3)
The age and nature of the property;
(4)
The condition of the area in which the property
is located;
(5)
The known violation of any relevant City ordinance
or Code Section;
(6)
Eyewitness accounts of violation;
(7)
Citizen complaints;
(8)
Tenant complaints;
(9)
Plain-view violations;
(10)
Violations apparent from City records;
(11)
Nature of alleged violation, the threat to life
or safety and imminent risk of significant property damage;
(12)
Previous unabated or similar violations in the
building or structure or on the premises;
(13)
Passage of time since the last inspection of the
building, structure or premises;
(14)
The age and condition of the building or structure
to be inspected; and
(15)
Whether the scope of the search has been specifically
and narrowly defined so as to limit the discretion of the inspector.
c.
The standard for issuing an administrative search warrant need
not be limited to actual knowledge of an existing violation of an
ordinance or Code Section.
d.
If it appears from the application and any supporting affidavit
that there is probable cause to enter, inspect or search for violations
of any City ordinance or Code Section or to enforce any such ordinance
or Code Section, an administrative search warrant shall immediately
be issued.
e.
The administrative search warrant shall issue in the form of
an original and two (2) copies, and the application, any supporting
affidavit and copy of the administrative search warrant as issued
shall be retained in the records of the Municipal Court.
2.
Contents Of The Administrative Search Warrant. The administrative
search 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 administrative search warrant was
issued;
d.
Identify the property or places to be entered upon, searched
or inspected in sufficient detail and particularity that the officer
executing the administrative search warrant can readily ascertain
it;
e.
Command that the described property or places to be entered
upon or searched, and that any evidence of any City ordinance violations
found therein or thereon, or any property seized pursuant thereto,
or a description of such property seized, be returned, within ten
(10) days after filing of the application, to the Municipal Judge
who issued the administrative search warrant, to be dealt with according
to law;
f.
Be signed by the Municipal Judge, with his/her title of office
indicated.
3.
Execution And Return Of Administrative Search Warrant.
a.
An administrative search warrant issued under this Section shall
be executed only by a City Police Officer; provided, however, that
one (1) or more designated City officials may accompany the officer,
and the administrative search warrant shall be executed in the following
manner:
(1)
The administrative search warrant shall be executed
by conducting the entry, search, inspection or seizure as commanded
and shall be executed as soon as practicable and in a reasonable manner.
(2)
The officer shall give the owner or occupant of
the property entered upon, searched or inspected a copy of the administrative
search warrant.
(3)
If any property is seized incident to the search,
the authorized person shall:
(a)
Give the person from whose possession it was taken,
if the person is present, a receipt for property for the property
taken. If no such person is present, the officer shall leave the receipt
for property at the site of the search in a conspicuous place.
(b)
A copy of the receipt for property of any property
taken shall be delivered to the Municipal Court within two (2) working
days of the search.
(c)
The disposition of property seized pursuant to
an administrative search warrant under this Section shall be in accordance
with an applicable City ordinance or Code Section, but in the absence
of the same, then with Section 542.301, RSMo.
(d)
The officer may summon as many persons as he/she
deems necessary to assist him/her in executing the administrative
search warrant, and such person shall not be held liable as a result
of any illegality of the search and seizure.
(e)
An officer making a search pursuant to an invalid
administrative search warrant, the invalidity of which is not apparent
on its face, may use such force as he would be justified in using
if the administrative search warrant were valid.
(f)
An administrative search warrant shall expire if
it is not executed and the required return made within ten (10) days
after the date of the making of the application.
b.
After execution of the administrative search warrants, the officer's
return and inventory thereon signed by the officer making the search
shall be delivered to the Municipal Court.
(1)
The officer's return and inventory shall show
the date and manner of execution and the name of the possessor and
of the owner, when not the same person, if known, of the property
or places searched or seized.
(2)
The authorized person shall keep any photographs,
copies or recordings made, and by any property seized, along with
a copy of the receipt for property of such property required by this
Section; provided, however, that the seized property may be disposed
of as provided therein.
(3)
The Clerk of the Municipal Court, upon request,
shall deliver a copy of the officer's return and inventory, to
the possessor and the owner, when not the same person, of the property
searched or seized.
F.
Warrant Invalid, When. An administrative search warrant shall be
deemed invalid:
1.
If it was not issued by the Municipal Judge;
2.
If it was issued without a written application having been filed
and verified;
3.
If it was issued without sufficient probable cause in light
of the goals of the ordinance to be enforced and such other factors
as provided herein;
4.
If it was not issued with respect to property or places in the
City;
5.
If it does not describe the property or places to be entered
upon, searched, inspected or seized with sufficient certainty;
6.
If it is not signed by the Municipal Judge who issued it; or
7.
If it was not executed and the required return made within ten
(10) days after the date of the making of the application.
G.
The authorized person may enter the premises without consent or an
administrative search warrant to make an inspection or enforce any
of the provisions of this Code in the following circumstances:
1.
Emergency situations;
2.
The inspection is conducted at a pervasively regulated business
(such as but not limited to liquor sales);
3.
In connection with such accepted regulatory techniques as licensing
programs which require inspections prior to operating a business or
marketing a product; or
4.
When imminent circumstances or conditions otherwise threaten
the health, safety or welfare of the public.
[Ord. No. 1662 §§1 —
2, 4-28-1999]
The Chief of Police or other Police Officer of the City may,
without a warrant, make arrest of any person who commits an offense
in the officer's presence, but such officer shall, before the trial,
file a written complaint with the Judge hearing violations of municipal
ordinances.
[Ord. No. 1662 §§1 —
2, 4-28-1999]
Any person charged with a violation of a municipal ordinance
of this City shall be entitled to a trial by a 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.
[Ord. No. 1662 §§1 —
2, 4-28-1999; Ord. No.
2073, 2-13-2008]
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 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.
[Ord. No. 2073, 2-13-2008]
A.
Selection Of Prosecutor. The prosecutor of the City's Municipal
Court shall be known as the Richmond Municipal Prosecutor of the Eighth
Judicial Circuit Court and shall be selected as follows:
The Municipal Prosecutor shall be appointed to this position
by the Mayor with consent of at least two-thirds (⅔) of the
elected Council.
B.
Qualifications. The Municipal Prosecutor 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 a Municipal Prosecutor for any other municipality.
6.
He/she may not hold any other office within the City Government.
7.
The Municipal Prosecutor shall be considered holding a part-time
position and as such may accept other employment.
C.
Term Of Office. The Municipal Prosecutor shall hold this
office for a period of two (2) years and shall take office biannually
from August 1, 2008. If for any reason a Municipal Prosecutor vacates
this office, a successor shall complete that term of office, even
if the same be for less than two (2) years.
D.
Vacation Of Office. The Municipal Prosecutor shall vacate
the office under the following circumstances:
[Ord. No. 1662 §§1 —
2, 4-28-1999]
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 the Court on
the day set the trial to testify in the case and enter the names of
such witnesses on the docket, which oral notice shall be valid as
a summons.
[Ord. No. 1662 §§1 —
2, 4-28-1999]
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 as Municipal Judge and cause the complaint to
be made before some Associate Circuit Judge within the County.
[Ord. No. 1662 §§1 —
2, 4-28-1999; Ord. No.
2398 §II, 9-13-2016]
A.
If,
in the opinion of the Municipal Judge, the City has no suitable and
safe place of confinement, the Municipal Judge may commit the defendant
to the County Jail or other appropriate detention facility, and it
shall be the duty of the Sheriff, if space for the prisoner is available
in the County Jail or other appropriate detention facility, upon receipt
of a warrant of commitment from the Judge, to receive and safely keep
such prisoner until discharged by due process of law. The municipality
shall pay the board of such prisoner at the same rate as may now or
hereafter be allowed to such Sheriff for the keeping of such prisoner
in his/her custody. The same shall be taxed to the defendant as costs.
B.
The Municipal Judge may not sentence a defendant to confinement for failure to pay a fine for a minor traffic violation or municipal ordinance violation, as defined in Sections 100.100(D)(1) and 100.100(E)(1) of this Code and Section 479.350, RSMo., unless such non-payment violates terms or probation or unless the due process procedures mandated by Missouri Supreme Court Rule 37.65 or its successor rule are strictly followed by the Municipal Judge.
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 an order 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:
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.
[Ord. No. 1662 §§1 —
2, 4-28-1999]
The defendant shall have a right to trial de novo 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. Trial de novo
shall be before a Circuit Judge or on 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 rules.
[Ord. No. 1662 §§1 —
2, 4-28-1999]
In all cases in which a jury trial has been demanded, the Municipal
Judge shall certify the case to the Presiding Judge of the Circuit
for assignment.
[Ord. No. 1662 §§1 —
2, 4-28-1999]
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 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. All monies recovered in such actions
shall be paid over to the municipal Treasury to the General Revenue
Fund of the municipality.
[Ord. No. 1662 §§1 —
2, 4-28-1999]
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 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 of disqualification in
the same case except for cause.
[Ord. No. 1662 §§1 —
2, 4-28-1999]
If a Municipal Judge be absent, sick or disqualified from acting,
the Mayor may designate some competent, eligible person to act as
Municipal Judge until such absence or disqualification shall cease,
or the Mayor may request the Presiding Judge of the Circuit to appoint
a special Municipal Judge, as provided by State law.
[Ord. No. 1662 §§1 —
2, 4-28-1999]
A.
The
City Administrator shall designate a 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 acting 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 of the municipality which shall constitute
prima facie evidence of such ordinance before the Court. Further,
to maintain a similar certified copy on file with the Clerk serving
the Circuit Court of this County.
[Ord. No. 1662 §§1 —
2, 4-28-1999; Ord. No.
1680 §1, 10-13-1999; Ord. No. 1802 §I, 9-26-2001; Ord. No. 2560, 10-26-2021; Ord. No. 2596, 10-13-2022]
A.
In
addition to any fine that may be imposed by the Municipal Judge, there
shall be assessed as costs in all cases the following:
1.
Costs of Court in the amount of twelve dollars ($12.00) per case,
plus two dollars ($2.00), shall be assessed for the training of Peace
Officers, as an additional cost for violations of any and all ordinances
of the City, including non-moving traffic violation, provided that
no such fee shall be collected when the proceeding has been dismissed
or when costs are paid by the municipality. This fee shall be transmitted
monthly to the Treasurer of the City. An additional one dollar ($1.00)
shall be assessed for training of Peace Officers, as an additional
Court cost of the violation of any and all ordinances of the City,
including non-moving traffic violation, provided that no such fee
shall be collected when the proceeding has been dismissed or when
costs are paid by the municipality. This fee shall be deposited with
the Treasurer of the State in the Peace Officer Standards and Training
Commission Fund, to be used Statewide for training of Peace Officers.
2.
A surcharge of one dollar ($1.00) for the Judicial Education Fund
shall be assessed as costs in each case filed in Municipal Court,
provided that no such fee shall be collected when the proceeding has
been dismissed or when the costs are paid by the municipality. This
cost shall be collected according to Sections 488.010 to 488.020,
RSMo., by the Court Clerk and distributed to the City Treasurer at
least monthly and deposited in the Judicial Education Fund account.
Such funds shall be used to pay for continuation education and certifications
required to Municipals Judges and judicial education and training
for the Court Administrator and Clerks of the Municipal Court.
3.
Domestic Violence Shelter Fund surcharge in the amount of two dollars
($2.00).
4.
Crime victims' compensation surcharge in the amount of seven dollars
fifty cents ($7.50).
5.
Recoupment of arrest costs for violations of municipal ordinances
involving drug or alcohol offenses, pursuant to Section 577.048, RSMo.
6.
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 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.
[CC 1974 §15-9.1; Ord. No. 1474 §2, 8-26-1992]
A.
Upon a plea of guilty, finding of guilt or conviction for violation of the provisions of Sections 342.020 and 342.030 (alcohol- or drug-related traffic offenses), the court may, in addition to imposition of any penalties provided by law, order the person to reimburse law enforcement authorities for the 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.
Law
enforcement authorities may establish a schedule of such 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 by the court in the same manner as other costs
and fees are collected and remitted to the City Collector.
E.
The
City Collector 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 Council to law enforcement
authorities from such fund in amounts equal to those costs so incurred
and shall be specifically used to enhance and support the enforcement
and prosecution of alcohol- and drug-related traffic laws within the
City.
[Ord. No. 1662 §§1 —
2, 4-28-1999]
When a fine is assessed for violating an ordinance, it shall
be within the discretion of the Municipal Judge assessing the fine
to provide for the payment of a fine on an installment basis under
such terms and conditions as the Municipal Judge may deem appropriate.
[Ord. No. 1662 §§1 —
2, 4-28-1999]
In the event of a conflict between this Chapter and the laws
of this State or the rules of the Supreme Court of Missouri, as now
existing or hereinafter amended, then the laws of this State or the
rules of the Supreme Court shall control, and the remainder of this
Chapter shall remain in full force and effect.
