Cross reference — Administration, Ch. 2.
State law reference — Municipal Courts, RSMo.
Ch. 479.
[Ord. No. 1064, § 1, 12-7-1978]
There is hereby established in this city a municipal court,
to be known as the Bellefontaine Neighbors Municipal Court, a Division
of the 21st 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."
[Ord. No. 1064, § 2, 12-7-1978]
The jurisdiction of the municipal court shall extend to all
cases involving alleged violations of the ordinances of the city.
[1]
State law reference — Similar provisions, RSMo. § 479.020(1).
[Ord. No. 1064, § 3, 12-7-1978; Ord. No. 2322 § 1, 4-16-2015]
Judges of the City's Municipal Court shall be known as Municipal
Judges of the 21st Judicial Circuit Court, and shall be appointed
to office by the Mayor, subject to the confirmation of the Board of
Aldermen. If the Mayor appoints and the Board of Aldermen confirms
more than one (1) Municipal Judge, the Mayor shall designate one of
the Judges to serve as Presiding Judge of the Municipal Division.
If only one (1) Judge, other than Provisional Judges pursuant to Sec.
18-25, below, is appointed and confirmed, that Judge shall perform
all the duties of the Presiding Judge as hereinafter provided.
[Ord. No. 1064, § 4, 12-7-1978; Ord. No. 2322 § 1, 4-16-2015]
A Municipal Judge shall hold office for a period of two (2)
years and shall take office biannually from May 1, beginning in 1979
and ending on April 30 two (2) years thereafter. Upon expiration of
his or her term a Judge shall continue to serve until a successor
is appointed and qualified. If for any reason a Municipal Judge vacates
office, a successor shall complete that term of office, even if the
same be for less than two (2) years.
[1]
State law reference — Similar provisions, RSMo. § 479.020(1).
[Ord. No. 1064, § 10, 12-7-1978; Ord. No. 2322 § 1, 4-16-2015]
A.
The Presiding Judge of the municipal division shall be and is hereby
authorized to:
(1)
Establish a traffic violations bureau as provided for in the Missouri
Rules of Practice and Procedure in Municipal and Traffic Courts and
Section 479.050, RSMo.
(2)
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.
(3)
Coordinate and assign the work of other Judges and provisional Judges
of the municipal division to assure the efficient and effective administration
of justice.
B.
The Presiding Judge of the municipal division and each Judge of the
municipal division shall be and is hereby authorized to:
(1)
Administer oaths and enforce due obedience to all orders, rules and
judgments made by him, and may fine and imprison for contempt committed
before him while holding Court, in the same manner and to the same
extent as a Circuit Judge.
(2)
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.
(3)
The Municipal Judge shall have such other powers, duties and privileges
as are or may be prescribed by the laws of this State, this Chapter
or other ordinances of this City.
[Ord. No. 1064, § 5, 12-7-1978; Ord. No. 2322 § 1, 4-16-2015]
In addition to removal pursuant to Section 79.240, RSMo., a
Municipal Judge shall vacate office during his or her term of 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 or her 75th birthday; or
(3)
Upon his or her loss of a license to practice law within the State;
or
(4)
Upon resignation.
[Ord. No. 1064, § 6, 12-7-1978; Ord. No. 2322 § 1, 4-16-2015]
A Municipal Judge shall possess the following qualifications
before taking office:
(1)
Be a licensed attorney, qualified to practice law within the State.
(2)
He or she need not reside within the City.
(3)
Be a resident of the State.
(4)
Be between the ages of twenty-one (21) and seventy-five (75) years.
(5)
A Judge may serve as Municipal Judge for any other municipality.
(6)
A Judge may not hold any other office within the City government.
(7)
A 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.
[Ord. No. 1146, § 1, 5-7-1981; Ord. No. 1457, § 2, 3-1-1990; [1] Ord. No. 2293 § 1, 8-7-2014; Ord. No. 2322 § 1, 4-16-2015; Ord. No. 2582, 8-13-2020]
Municipal Judges of the city shall receive per month a sum as
established by the board of alderpersons from time to time as compensation
for the duties of such office.
[1]
Editor's Note: Ord. No. 1457, § 2, adopted Mar.
1, 1990, not specifically amendatory of this Code, was included to
read as set out in former § 18-8(b) at the discretion of
the editor.
[Ord. No. 1064, § 7, 12-7-1978; Ord. No. 2322 § 1, 4-16-2015; Ord. No. 2582, 8-13-2020]
The Municipal Court of the city shall be subject to the rules
of the Circuit Court of St. Louis County 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 Judges and Court personnel of the Municipal Court shall be
under the authority and subject to the directives of the Presiding
Judge of the Municipal Court.
[1]
Editor’s Note: Former Sec. 18-10, Reports to Board of
Aldermen; Payments to Treasurer, as adopted and amended by Ord. No.
1064 § 8, 12-7-1978; Ord. No. 1457 § 1, 3-1-1990; Ord. No.
2188 § 1, 8-4-2011, was repealed 4-16-2015 by Ord. No. 2322 §
§ 1.
[Ord. No. 1064, § 9, 12-7-1978; Ord. No. 2322 § 1, 4-16-2015]
A Municipal Judge shall be a conservator of the peace. He shall
keep a docket in which he shall enter every case commenced before
him and the proceedings therein and he shall keep such other records
as may be required. Such docket and records shall be records of the
circuit court of the County. A Municipal Judge shall deliver the docket
and records of the Municipal Court, and all books and papers pertaining
to his office, to his successor in office or to the Presiding Judge
of the Circuit.
[Ord. No. 1064, § 11, 12-7-1978; Ord. No. 2179 § 3, 6-2-2011; Ord. No. 2322 § 1, 4-16-2015]
(a)
Should the Presiding Judge of the Municipal Division determine that
there shall be a Violations Bureau for animal control, housing, parking
and traffic violations, the City shall provide all expenses incident
to the operation of the same.
(b)
The Court Clerk is hereby designated as the Clerk for such Bureau,
if established. The Clerk shall perform the duties designated by the
Court, including accepting appearance, waiver of trial, plea of guilty,
and payment of fine and costs for the designated violations, entering
the plea on the record, and transmitting the violation record as required
by law, subject to the limitations hereinafter prescribed.
(c)
The violations within the authority of the Bureau shall be designated
by order of the Presiding Judge of the Municipal Division. Such designated
violations may be amended from time to time but shall, in no event,
include the following:
(d)
The Presiding Judge of the Municipal Division, by order prominently
posted at the place where fines are to be paid, shall specify by schedule
the amount of fines and costs to be imposed for each violation designated
as within the authority of the Bureau.
(e)
Within the time fixed by the Presiding Judge of the Municipal Division
and subject to the Court's order, any person charged with a violation
designated as being within the authority of the Bureau and for which
a fine has been specified, except violations requiring Court appearance,
may deliver by mail, automatic teller machine, or as otherwise directed,
the specified amount of the fine and costs to the Bureau. Said delivery
constitutes a guilty plea and waiver of trial.
(f)
The Bureau shall keep records and submit summarized monthly reports
to the Court of all notices issued and arrests made for violation
of the specified laws and ordinances of the City and all of the fines
collected by the Bureau or the Court, and of the final disposition
or present status of every case of violation of the provisions of
said laws and ordinances.
[Ord. No. 1064, § 12, 12-7-1978; Ord. No. 1874 § 1, 2-15-2001; Ord.
No. 2102 § 1, 4-2-2009]
(a)
Procedures governing arrest warrants. 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.
(b)
Procedures governing administrative search warrants.
[Ord. No. 2618, 6-16-2022]
(1)
Administrative search warrant defined — who may
issue, execute.
a.
An administrative search warrant is a warrant issued by a judge
on application of an administrative agency, peace officer or prosecuting
attorney. Warrants for an administrative search can be issued for
searches of dangerous or unsafe buildings, suspicion of drugs, danger
to life, 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. It permits the entry of city officials
on or into private property to enforce the city's housing, zoning,
health and safety regulations when government entry on or into such
private property is otherwise authorized by Missouri law. A search
warrant may issue only in conformance with this section and only for
the enforcement of the city's housing, zoning, health and safety regulations,
specifically:
(1)
To abate such physical conditions on private property constituting
a public nuisance or otherwise in violation of a specified regulation
as provided herein;
(2)
To inspect private property to determine or prove the existence
of physical conditions in violation of such a specified regulation;
and
(3)
To seize, photograph, copy or record evidence of the violation
of such a specified regulation.
b.
The municipal judge having original and exclusive jurisdiction
to determine violations against the ordinances of the municipality
may issue an administrative search warrant when:
(1)
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
(2)
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 city.
(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, in conjunction with the appropriate
code enforcement officer or other appropriate official, within the
city limits and not elsewhere.
(2)
Who may apply for warrant — contents of application.
a.
A local police officer, code enforcement officer, or prosecuting
or city attorney must submit a written application to the municipal
judge for the issuance of an administrative search warrant.
b.
The application shall:
(1)
Be in writing;
(2)
State the time and date of the making of the application;
(3)
Identify the property or places to be entered, inspected or
seized in sufficient detail and particularity that the officer executing
the warrant can readily ascertain it;
(4)
State that the owner or occupant of the property or places to
be entered, searched, inspected or seized has been requested by the
city to allow such action and has refused to allow such action;
(5)
State facts sufficient to show probable cause for the issuance of a search warrant as provided in subsection (b)(3)(a) hereof, to:
(a)
Search or inspect for violations of an ordinance
or code section specified in the application; or
(b)
Show that entry or seizure is authorized and necessary
to enforce an ordinance or code section specified in the application
and that any required due process has been afforded prior to the entry
or seizure;
(6)
Be verified by the oath or affirmation of the applicant; and
(7)
Be signed by the applicant and filed in the municipal court.
c.
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 property
or place to be entered. Oral testimony shall not be considered. The
application may be submitted by facsimile or other electronic means.
(3)
Hearing and procedure — contents of warrant —
execution and return.
a.
Hearing and procedure.
(1)
The municipal judge shall hold a non-adversary hearing to determine
whether probable cause exists to inspect or search for violations
of any city ordinance or code section, or to enforce any such ordinance
or code section .
(2)
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 the goals of the ordinance
or code section sought to be enforced and such other factors as may
be appropriate, including, but not limited to, the physical condition
of the specified property, the age and nature of the property, the
condition of the area in which the property is located, the known
violation of any relevant city ordinance or code section and the passage
of time since the property's last inspection.
(3)
If it appears from the application and any supporting affidavit
that there is probable cause to inspect or search for violations of
any city ordinance or code section, or to enforce any such ordinance
or code section, a search warrant shall immediately be issued. If
the judge finds facts that establish probable cause, the judge shall
sign the warrant and authorize the requested entry. The enforcement
officer then has ten (10) days to execute the warrant.
(4)
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.
b.
Contents of search warrant. The search warrant
shall:
(1)
Be in writing and in the name of the city;
(2)
Be directed to any police officer in the city;
(3)
State the time and date the warrant was issued;
(4)
Identify the property or places to be searched, inspected or
entered upon in sufficient detail and particularity that the officer
executing the warrant can readily ascertain it;
(5)
Command that the described property or places be searched or
entered upon, 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 warrant, to be dealt with according to law;
(6)
Be signed by the judge, with his or her title of office indicated.
c.
Execution and return.
(1)
A 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 shall accompany the officer, and the
warrant shall be executed in the following manner:
(a)
The warrant may be issued by facsimile or other
electronic means.
(b)
The warrant shall be executed by conducting the
search, inspection, entry or seizure private property entry as commanded
and shall be executed as soon as practicable and in a reasonable manner.
(c)
The officer shall give the owner or occupant of
the property searched, inspected or entered upon a copy of the warrant.
(d)
If any property is seized incident to the entry,
the officer shall give the person from whose possession it was taken,
if the person is present, an itemized receipt for the property taken.
If no such person is present, or if no such person is ascertainable,
the officer shall leave the receipt at the site of the entry in a
conspicuous place.
(i)
A copy of the itemized receipt of any property
taken shall be delivered to an attorney for the city within two (2)
working days of the execution of the warrant.
(ii)
The disposition of property seized pursuant to
a search warrant under this section shall be in accordance with an
applicable city ordinance or code section, but in the absence of same,
then with Section 542.301, RSMo.
(e)
The officer may summon as many persons as he or
she deems necessary to assist him in executing the warrant, and such
persons shall not be held liable as a result of any illegality of
the search and seizure.
(f)
An officer making a search pursuant to an invalid
warrant, the invalidity of which is not apparent on its face, may
use such force as he or she would be justified in using if the warrant
were valid.
(g)
A 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.
(2)
After execution of the search warrant, the warrant, with a return
thereon signed by the officer executing the warrant, shall be delivered
to the municipal court in the following manner:
(a)
The return 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.
(b)
The return shall be accompanied by any photographs,
copies or recordings made, and by any property seized, along with
a copy of the itemized receipt of such property required by this section;
provided, however, that seized property may be disposed of as provided
herein, and in such a case a description of the property seized shall
accompany the return.
(3)
The court clerk, upon request, shall deliver a copy of the return
to the possessor and the owner, when not the same person, of the property
entered or seized.
(4)
Warrant invalid, when. A search warrant shall
be deemed invalid:
a.
If it was not issued by the municipal judge;
b.
If it was issued without a written application having been filed
and verified;
c.
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 in subsection (b)(3)(a) hereof;
d.
If it was not issued with respect to property in the city;
e.
If it does not describe the property or places to be searched,
entered upon, inspected or seized with sufficient certainty;
f.
If it is not signed by the judge who issued it; or
g.
If it was not executed and the required return made within ten
(10) days after the date of the making of the application.
[1]
State law reference — Similar provisions, RSMo. § 479.100.
[Ord. No. 1064, § 13, 12-7-1978; Ord. No. 1874 § 1, 2-15-2001]
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 his presence, but such officer shall, before the trial file a written
complaint with the judge hearing violations of municipal ordinances.
[1]
State law reference — Similar provisions, RSMo. § 479.110.
[Ord. No. 1064, § 14, 12-7-1978]
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, as provided in RSMo., subsection
2 of Section 517.520.
[1]
Editor's Note: Former Section 18-16, City to designate attorney
to prosecute violation; duties, which derived from Ord. No. 1064, § 15, 12-7-1978, was repealed 8-13-2022 by Ord. No.
2582.
[Ord. No. 1064, § 16, 12-7-1978]
It shall be the duty of 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 on the
day set for trial to testify in the case, and enter the names of such
witnesses on his docket, which oral notice shall be valid as a summons.
[1]
State law reference — Similar provisions, RSMo. § 479.160.
[Ord. No. 1064, § 17, 12-7-1978]
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 as municipal judge, he shall immediately stop all further
proceedings before him as municipal judge and cause the complaint
to be made before some associate circuit judge within the county.
[1]
State law reference — Similar provisions, RSMo. § 479.170.
[Ord. No. 1064, § 18, 12-7-1978]
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 county jail or other suitable and safe place, and
it shall be the duty of the sheriff or officer in charge, if space
for the prisoner is available in the county jail or such other jail
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 not or hereafter be allowed to such sheriff for the keeping
of such prisoner in his custody. The same shall be taxed as cost to
be paid by the defendant in addition to all other court costs as are
provided in this ordinance.
[1]
State law reference — Similar provisions, RSMo. § 479.180.
[Ord. No. 1064, § 19, 12-7-1978]
Any judge hearing violations of municipal ordinances may, when
in his 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.
[1]
State law reference — Similar provisions, RSMo. § 479.190.
[Ord. No. 1064, § 20, 12-7-1978]
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 de novo, before
a circuit judge or an 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.
[1]
State law reference — Similar provisions, RSMo. § 479.200(2).
[Ord. No. 1064, § 21, 12-7-1978]
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.
[1]
State law reference — Similar provisions, RSMo. § 479.200(3).
[Ord. No. 1064, § 22, 12-7-1978]
In the case of a breach of any recognizance entered into before
a municipal judge or an associate circuit 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.
[1]
State law reference — Similar provisions, RSMo. § 479.210.
[Ord. No. 1064, § 23, 12-7-1978; Ord. No. 1121, § 1, 6-5-1980]
A municipal judge shall be disqualified to hear any case in
which he is 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 affidavit of disqualification in the same case.
There is hereby created the office of Provisional Municipal
Judge of the Bellefontaine Neighbors Municipal Division of the St.
Louis County Circuit Court. The position of Provisional Municipal
Judge shall have the same qualification and appointment process as
those for the Municipal Judge; provided, however, that there may be
as many Provisional Municipal Judges as may be deemed prudent in order
to assure the efficient and timely operation of the Municipal Division.
A Provisional Municipal Judge shall serve a term of office of two
(2) years concurrent with the Municipal Judge, beginning on May 1
of each odd-numbered year and until a successor is appointed and qualified.
The duties of a Provisional Municipal Judge shall be to serve as Municipal
Judge in all cases in which the Bellefontaine Neighbors Municipal
Judge shall be disqualified or unable to serve, and to preside over
sessions of the Bellefontaine Neighbors Municipal Division for which
the Municipal Judge is unavailable. The Provisional Municipal Judge
shall be subject to and have the powers and duties affecting the Municipal
Judge as provided in this Code. The Provisional Judge shall be subject
to the general administrative authority of the Presiding Judge of
the Circuit Court and shall be under the authority and subject to
the directives of the Presiding Judge of the Municipal Court. The
Provisional Municipal Judge so serving shall receive such compensation
as may be set by the board of alderpersons by ordinance from time
to time, which shall not be deducted from the Municipal Judge's monthly
compensation.
[1]
Editor's Note: Section 1 of Ord. No. 1797, adopted Nov. 5, 1998, amended § 18-25 in its entirety, in effect repealing § 18-25 and enacting new provisions as herein set out. Formerly, § 18-25 pertained to temporary municipal judges and § 24 of Ord. No. 1064, adopted Dec. 7, 1978 and § 2 of Ord. No. 1121, adopted June 5, 1980.
[Ord. No. 1064, § 25, 12-7-1978]
The city court clerk is hereby designated as the clerk of the
municipal court. The duties of such 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.
(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 traffic violation bureau cases or as directed
by the municipal judge; generally act as violation clerk of the traffic
violation 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 ordinances before the court; further, to maintain a similar
certified copy of such file with the clerk serving the circuit court
of this county.
[Ord. No. 1064, § 26, 12-7-1978; Ord. No. 1635, § 1, 12-15-1994; Ord. No. 1653, § 1, 6-15-1995; Ord. No. 1673, § 1, 10-5-1995; Ord. No. 1725, § 1, 12-19-1996; Ord. No. 1837, § 1, 12-16-1999; Ord. No. 1893 § 1, 9-6-2001; Ord. No. 1929 §§ 1
— 2, 10-17-2002; Ord. No. 2177 § 1, 6-2-2011; Ord. No. 2449, 2-7-2019]
(a)
COURT COSTS
FEES
MISCELLANEOUS CHARGES
SURCHARGES
Definitions. The following words and phrases, as used in this chapter,
shall have the following respective meanings:
The total of fees, miscellaneous charges and surcharges,
imposed in a particular case.
The amount charged for services to be performed by the Municipal
Court.
The amount allowed by law for services provided by individuals
or entities other than the Municipal Court.
Additional charges allowed by law which are allowed for specific
purposes designated by law.
(b)
In addition to or in lieu of any fine or other punishment that may
be imposed by the Municipal Judge, the following court costs shall
be assessed against the defendant as hereinafter provided:
(1)
Court fees in the amount of twelve dollars ($12.00).
(2)
In addition to any other court costs, an additional surcharge
in the sum of three dollars ($3.00) shall be assessed, provided that
no such surcharge shall be collected in any proceeding when the proceeding
of the defendant has been dismissed by the court. One dollar ($1.00)
of such surcharge shall be collected by the Court Clerk and shall
be transmitted monthly to the Treasurer of the State of Missouri to
the credit of the Peace Officer Standards and Training Commission
Fund created by Section 590.178, RSMo. Two dollars ($2.00) of such
surcharge shall be collected by the Court Clerk and transmitted monthly
to the Treasurer of the City and 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.
(3)
In addition to any and all other court costs which may be assessed,
an additional surcharge in the sum of seven dollars and fifty cents
($7.50) shall be collected; provided that no surcharge shall be collected
in any proceeding when the proceeding or the defendant has been dismissed
by the court. All sums collected pursuant to this subsection shall
be distributed as follows:
(4)
In addition to any other court costs which may be assessed,
an additional surcharge in the amount of two dollars ($2.00) shall
be assessed in each case filed in the Bellefontaine Neighbors Municipal
Court. No surcharge 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 on a monthly
basis to St. Louis County to be used only for the purpose of funding
operating expenses for shelters for battered persons as provided in
Section 488.607, RSMo.
(5)
In addition to any other court costs which may be assessed,
an additional surcharge in the sum of two dollars ($2.00) shall be
assessed in each case filed in the Bellefontaine Neighbors Municipal
Court. No surcharge shall be collected in any proceeding when the
proceeding or defendant has been dismissed. Such surcharge shall be
collected by the Clerk of the Court and paid to the City for deposit
into the Inmate Security Fund. Such funds shall be used to develop,
install and maintain a biometric verification system to ensure that
inmates can be properly identified and tracked within the City's detention
system, and to pay for any expenses related to custody and housing
and other expenses for prisoners, all in accordance with Section 488.5026,
RSMo.
(6)
In addition to any other court costs, an additional surcharge
in the sum of seven dollars ($7.00) shall be assessed, provided that
no such surcharge shall be collected in any proceeding when the proceeding
of the defendant has been dismissed by the court. Such surcharge shall
be collected by the Court Clerk and shall be transmitted monthly to
the Missouri Director of Revenue to the credit of the Missouri Statewide
Automation Fund, as provided in Sections 488.012.3(5) and 488.027.2,
RSMo.
[1]
State law references—Similar provisions, RSMo. §§ 479.260,
590.140.
[Ord. No. 1064, § 27, 12-7-1978]
The costs of any action may be assessed against the prosecuting
witness and judgment be rendered against him that he 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.
[Ord. No. 1064, § 28, 12-7-1978]
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 may deem appropriate.
[1]
State law reference — Similar provisions, RSMo. § 479.240.
[Code 1964, § 22-36; Ord. No. 1874 § 1, 2-15-2001]
Any person arrested for any violation of this Code or any other
ordinance may be admitted to bail by executing a bond to the city,
with sufficient security, to be approved by the municipal judge, the
chief of police or his deputies in such an amount as in the discretion
of the officer approving the bond will secure the defendant's presence,
but not exceeding the sum of five hundred dollars ($500.00), conditioned
that such person appear upon a day named before the municipal judge,
or at such times as the case may be continued by motion of the person
arrested or by order of the municipal judge. Every bond taken as above
shall be forthwith filed with the municipal judge by the officer approving
and taking out such bond; provided that, no attorney-at-law, police
officer, constable or his deputies, or any officer of the city, whether
elected or appointed, shall be accepted as security upon the bond;
and provided, further, that no one shall be accepted as bondsman who
shall have standing against him an unsatisfied judgment rendered on
a forfeiture of bond.
[Code 1964, § 22-39]
No suit in the police court shall be dismissed or abated on
account of any formal defect in the statement of complaint or in any
other matter of form in the verdict or otherwise whereby the defendant
shall not have been prejudiced, but the same may be amended at any
time prior to the rendition of the judgment in the case upon leave
of court; anal the court shall have the power to prescribe the terms
of all process, writs and necessary firms of proceedings in the court
not inconsistent with the existing laws of the state or the ordinances
of the city and to compel the return of and obedience to any process
issued by the court or by its authority.
[Code 1964, § 22-43]
Persons jointly charged shall have a separate trial if they
demand it before the trial is gone into or before the jury is impaneled.
[Code 1964, § 22-46]
Officers shall attend as witnesses against persons whom they
have arrested without being summoned, and if they fail to appear at
the time of trial, they may be attached and punished for contempt,
as witnesses summoned.
[Ord. No. 1274, §§ 1 — 2, 7-18-1985]
(a)
In addition to the forfeiture of any security which was given or
pledged for the release of any person charged with an offense in the
municipal division of the county circuit court, it shall be unlawful
for any person who has been charged with an offense in the municipal
division of the county circuit court to willfully fail to appear before
such court as required.
(b)
Any person violating any of the provisions of this section shall, upon conviction thereof, be deemed guilty of a misdemeanor and subject to punishment as provided in section 1-10 of this Code of Ordinances except that the maximum fine cannot exceed the maximum fine permitted on the municipal ordinance violation on which he had been charged and on which he had failed to appear. This penalty shall not diminish in any way the contempt powers of the municipal judge.
