[1]
Editor's Note — As to certain violations concerning
an accused with special needs, §479.040, RSMo.
[R.O. 2012 §140.010; Ord. No. 65 §§1 — 2, 12-12-1978]
There is hereby established in this City a Municipal Court,
to be known as the "Normandy 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."
Violations of municipal ordinances shall be heard and determined
only before divisions of the Circuit Court as hereinafter provided
in this Chapter. "Heard and determined", for purposes
of this Chapter, shall mean any process under which the court in question
retains the final authority to make factual determinations pertaining
to allegations of a municipal ordinance violation.
[R.O. 2012 §140.030; Ord. No. 65 §§1 — 2, 12-12-1978; Ord. No. 85 §1, 5-15-1979; Ord. No. 511 §1, 3-4-2003]
A.
The
Mayor shall appoint, with the approval of the City Council, a Municipal
Judge to preside over the Municipal Court and to be known as a Municipal
Judge of the 21st Judicial Circuit Court for the Normandy Municipal
Court. The Municipal Judge shall be qualified as provided in this
Chapter and shall perform all duties and execute all responsibilities
imposed by this Chapter or otherwise by law or rule of the Missouri
Supreme Court.
B.
The
Mayor may also appoint, with the approval of the City Council, one
(1) or more additional Municipal Judges, each of whom shall be known
as a Provisional Municipal Judge of the 21st Judicial Circuit Court
for the Normandy Municipal Court. Any person holding the office of
Provisional Municipal Judge shall meet the qualifications of Municipal
Judge and shall serve the same term of office as provided in this
Chapter. The City Clerk shall inform the 21st Judicial Circuit Court
Clerk of any person appointed as Provisional Municipal Judge.
C.
One
(1) or more Provisional Municipal Judges may be called on to serve
as Municipal Judge in the event the Municipal Judge is not able to
serve as a result of a conflict of interest or other disqualification,
absence, illness or any other disability. If called upon to serve
as Municipal Judge, a Provisional Municipal Judge shall perform all
duties and responsibilities of the Municipal Judge and shall have
all of the authority of the Municipal Judge imposed by this Chapter
or otherwise by law or rule of the Missouri Supreme Court.
D.
Upon
request by the Mayor and if circumstances so require, the Presiding
Judge of the 21st Judicial Circuit Court may also designate a Special
Municipal Judge.
E.
The
City Council shall provide for the compensation of any person designated
as Provisional or Special Municipal Judge.
[R.O. 2012 §140.040; Ord. No. 65 §§1 — 2, 12-12-1978]
The Municipal Judge shall hold his/her office for a period of
two (2) years and shall take office biannually from April of 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. 2012 §140.050; Ord. No. 65 §§1 — 2, 12-12-1978]
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, and
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.
[R.O. 2012 §140.060; Ord. No. 65 §§1 — 2, 12-12-1978; Ord. No. 84, 5-15-1979]
A.
The
Municipal Judge shall possess the following qualifications before
he/she shall take office:
1.
He/she must be a licensed attorney, qualified to practice law within
the State of Missouri.
2.
He/she need not be a resident of the City of Normandy.
3.
He/she must be a resident of the State of Missouri.
4.
He/she must be between the ages of twenty-one (21) and seventy-five
(75) years.
5.
He/she may serve as Municipal Judge for any other municipality.
6.
He/she may not hold any other office within the City Government.
7.
The Municipal Judge shall be considered holding a part-time position,
and as such may accept (within the requirements of the Code of Judicial
Conduct, Missouri Supreme Court Rule 2) other employment.
[R.O. 2012 §140.070; Ord. No. 65 §§1 — 2, 12-12-1978]
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. 2012 §140.080; Ord. No. 65 §§1 — 2, 12-12-1978]
The Municipal Judge shall keep a docket in which he/she shall
enter every case commenced before him/her and the proceedings therein
and he/she shall keep such other records as may be required. Such
docket and records shall be records of the Circuit Court of St. Louis
County. The Municipal Judge shall deliver the docket and records of
the Municipal Court, and all books and papers pertaining to his/her
office, to his/her successor in office or to the Presiding Judge of
the Circuit.
[R.O. 2012 §140.090; Ord. No. 65 §§1 — 2, 12-12-1978]
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 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.
[R.O. 2012 §140.100; CC 1975 §16-4]
The Chief of Police shall serve or, by roster or otherwise,
may designate a Police Officer to serve, as Bailiff of the Municipal
Court. The Bailiff shall attend all sessions of the Court, unless
excused by the Municipal Judge; and he/she shall preserve order in
the courtroom and the immediate vicinity thereof, and execute all
orders and process directed to him/her by the Municipal Judge.
[R.O. 2012 §140.110; CC 1975 §16-5; Ord. No. 221 §§5 — 6; Ord. No. 362 §5]
The City, at its expense, shall furnish a suitable place to
hold Court, procure a suitable docket and necessary forms, and make
available such additional sums of money that may be needed by the
Municipal Judge to meet the requirements as set forth by the rules
of Court and the Revised Statutes of Missouri.
[R.O. 2012 §140.120; CC 1975 §16-6; Ord. No. 221 §7]
The rules of practice and procedure of the Municipal Court shall
be those promulgated by the State Supreme Court setting forth certain
rules of practice and procedure in Municipal and Traffic Courts; and
the Municipal Judge may promulgate such additional rules of administration,
consistent with the Revised Statutes of Missouri and the rules of
the State Supreme Court, as he/she may from time to time deem necessary.
[R.O. 2012 §140.130; CC 1975 §16-7; Ord. No. 221 §5]
For each case, the Municipal Judge shall state in his/her docket
the style of the case, which shall be the "City of Normandy against
________________," the name of the prosecuting witness, the nature
and character of the offense, the date of the trial, the names of
all witnesses sworn and examined, the finding of the Court, the judgment
of fine and cost, the date of payment, the date of issuing commitment,
if any, and every other fact necessary to show the full proceeding
in each case.
[R.O. 2012 §370.005; Ord. No. 58 §2, 11-14-1978]
A.
There
is hereby established a Violations Bureau of the City of Normandy
to assist the Municipal Court in the clerical work of traffic cases.
The Court Clerk shall have charge of such Bureau and it shall be open
at such hours as the Municipal Judge shall designate.
B.
The
Municipal Judge of the Municipal Court shall designate specified offenses
under this Traffic Code and the State Traffic Laws in accordance with
Supreme Court Rule No. 37.49 in respect of which payments of fines
may be accepted by the Violations Bureau in satisfaction thereof,
and shall specify suitable schedules of the amount of such fines for
first (1st), second (2nd) and subsequent offenses, provided that such
fines are within the limits declared by law or ordinance and shall
further specify what number of such offenses shall require appearance
before the court.
[R.O. 2012 §370.010; Ord. No. 58 §1, 11-14-1978]
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. 2012 §140.150; Ord. No. 65 §§1 — 2, 12-12-1978]
All warrants issued by a Municipal Judge shall be directed to
the Chief of Police, or any other Police Officer of the municipality
or to the Sheriff of the County. The warrant shall be executed by
the Chief of Police, Police Officer, or Sheriff any place within the
limits of the County and not elsewhere unless the warrants are endorsed
in the manner provided for warrants in criminal cases, and, when so
endorsed, shall be served in other Counties, as provided for in warrants
in criminal cases.
[R.O. 2012 §140.155; Ord. No. 616 §1, 5-4-2010]
A.
Search Warrant Defined — Who May Issue, Execute.
1.
An "administrative search warrant" is a written
order of the Municipal Judge permitting the entry of City Officials
on or into private property, structure or improvement to enforce the
City's housing, zoning, health and safety regulations when government
entry on or into such property is otherwise authorized by Missouri
law. A 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:
2.
The Municipal Judge having original and exclusive jurisdiction to
determine violations against the ordinances of the municipality may
issue an administrative warrant when:
a.
The property to be entered is located within the City, and
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 Code Enforcement
Officer or other appropriate City Official, within the City limits
and not elsewhere.
4.
Any such warrant shall not permit the entry of City Officials into
the residence or any accessory building of the property to be searched,
inspected or entered upon.
B.
Who May Apply For Warrant — Contents Of Application.
1.
Any Code Enforcement Officer, Police Officer or attorney of the City
may make application to the Municipal Judge for the issuance of an
administrative warrant.
2.
The application shall:
a.
Be in writing;
b.
State the time and date of the making of the application;
c.
Identify the property or places to be entered, searched, inspected
or seized in sufficient detail and particularity that the officer
executing the warrant can readily ascertain it;
d.
State that the owner or occupant of the property or places to be
entered, searched, inspected or seized:
e.
State facts sufficient to show probable cause for the issuance of a search warrant, as provided in Subsection (C) of this Section, to:
(1)
Search or inspect for violations of an ordinance or Code Section
specified in the application, or
(2)
Show that entry or seizure is authorized and necessary to enforce
an ordinance or Code Section specified in the application and/or abate
an ordinance violation and that due process has been afforded prior
to the entry or seizure.
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 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 searched or inspected. Oral testimony shall not be
considered.
4.
The application may be submitted by hand delivery, mail or facsimile
or other electronic means.
C.
Determination Of Probable Cause — Issuance — Contents
Of Warrant — Execution And Return.
1.
Determination of probable cause/issuance.
a.
The Municipal Judge shall determine whether probable cause exists
to inspect or search for the purposes noted herein.
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 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, the passage of time since
the property's last inspection and the authority authorizing government
entry onto private property. The standard for issuing a warrant need
not be limited to actual knowledge of an existing violation of a City
ordinance or Code Section.
c.
If it appears from the application and any supporting affidavit that
there is probable cause to inspect or search the private property
for the enforcement of the City's housing, zoning, health and safety
regulations, a search warrant shall immediately be issued.
d.
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.
e.
A search warrant shall expire if it is not executed within ten (10)
days after the date of the making of the application.
2.
Contents of search warrant. The 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 warrant was issued;
d.
Identify the property or places to be searched, inspected or entered
upon in sufficient detail and particularity so that the officer executing
the warrant can readily ascertain it;
e.
Identify the regulation sought to be enforced;
f.
Command that the described property or places be entered upon for
one (1) or more specified enforcement purposes as provided herein,
including inspection or abatement;
g.
Direct that any evidence of any suspected ordinance violations be
seized, recorded or photographed and a description of such property
be returned, within ten (10) days after issuance of the warrant to
the Clerk of the Municipal Court, to be dealt with according to law;
h.
Be signed by the judge, with his or her title of office indicated.
3.
Execution. A search warrant issued under this Article
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 warrant shall be executed in the following manner:
a.
Copies of the warrant shall be given to the officer executing the
warrant. Copies may be transmitted by hand delivery, mail or by facsimile
or other electronic means.
b.
The warrant shall be executed by conducting the search, inspection,
entry, abatement or seizure as commanded and shall be executed as
soon as practicable and in a reasonable manner but in no less than
ten (10) days after issuance of the warrant.
c.
The officer may summon as many persons as he or she deems necessary
to assist him or her in executing the warrant and such persons shall
not be held liable as a result of any illegality of the search and
seizure.
d.
The officer shall give the owner or occupant of the property searched,
inspected or entered upon a copy of the warrant or shall leave a copy
of the warrant at the property if the owner or occupant is not available.
e.
In the event that a warrant authorizes abatement of a nuisance or
other conditions, the Police Officer is not required to stay on the
property during the entire length of time that it takes for the abatement
to be completed.
4.
Itemized receipt/disposition of seized property.
a.
If any property is seized incident to the search or abatement, 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, the officer shall leave the receipt
at the site of the search or abatement in a conspicuous place.
b.
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 search.
c.
The disposition of property seized pursuant to a 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.
5.
Return required after execution of search warrant.
a.
After execution of the search warrant, the warrant, with a return
thereon signed by the officer making the search, shall be delivered
to the Municipal Court.
b.
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.
c.
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.
d.
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
searched or seized.
D.
Warrant Invalid, When.
1.
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 (C) hereof;
d.
If it was not issued with respect to property or places in the City;
e.
If it does not describe the property or places to be searched, inspected,
entered upon or seized with sufficient certainty;
f.
If it is not signed by the judge who issued it; or
g.
If it was not executed within ten (10) days after the date of the
issuance of the warrant.
2.
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.
[R.O. 2012 §140.160; Ord. No. 65 §§1 — 2, 12-12-1978]
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/her presence, but such officer shall, before the trial, file
a written complaint with the Judge hearing violations of municipal
ordinances.
[R.O. 2012 §140.170; Ord. No. 65 §§1 — 2, 12-12-1978]
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. An application for a trial
de novo shall be filed in such form and perfected in such manner as
provided by law.
[R.O. 2012 §140.180; Ord. No. 65 §§1 — 2, 12-12-1978]
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. 2012 §140.190; Ord. No. 65 §§1 — 2, 12-12-1978]
It shall be the duty of the Municipal Judge to summon all persons
whose testimony may be deemed essential as witnesses at the trial,
and to enforce their attendance by attachment, if necessary. The fees
of witnesses shall be the same as those fixed for witnesses in trials
before Associate Circuit Judges and shall be taxed as other costs
in the case. When a trial shall be continued by a Municipal Judge
it shall not be necessary to summon any witnesses who may be present
at the continuance; but the Municipal Judge shall orally notify such
witnesses as either party may require to attend before him/her on
the day set for trial to testify in the case, and enter the names
of such witnesses on his/her docket, which oral notice shall be valid
as a summons.
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
577.023, RSMo., or has had two (2) or more previous alcohol-related
enforcement contacts as defined in Section 302.525, RSMo.
[R.O. 2012 §140.210]
A.
Any
Judge hearing violations of municipal ordinances may, when in his/her
judgment it may seem advisable, grant a parole or probation to any
person who shall plead guilty or who shall be convicted after a trial
before such Judge. When a person is placed on probation he/she shall
be given a certificate explicitly stating the conditions on which
he/she is being released.
B.
In
addition to such other authority as exists to order conditions of
probation, the court may order conditions which the court believes
will serve to compensate the victim of the crime, any dependent of
the victim, or society in general. Such conditions may include, but
need not be limited to:
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. 2012 §140.220; Ord. No. 65 §§1 — 2, 12-12-1978]
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 on assignment before an Associate Circuit Judge.
An application for a trial de novo shall be filed in such form and
perfected in such manner as provided by law.
[R.O. 2012 §140.230; Ord. No. 65 §§1 — 2, 12-12-1978]
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. 2012 §140.240; Ord. No. 65 §§1 — 2, 12-12-1978]
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. 2012 §140.250; Ord. No. 65 §§1 — 2, 12-12-1978]
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.
[R.O. 2012 §140.270; Ord. No. 65 §§1 — 2, 12-12-1978]
A.
The
duties of said Clerk of the Municipal Court 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. 2012 §140.280; Ord. No. 411 §2, 4-8-1997; Ord.
No. 448 §1, 12-7-1999; Ord. No. 494 §1, 10-2-2001; Ord. No. 506 §§1 —
2, 11-5-2002; Ord. No.
636 §1, 3-1-2011; Ord. No. 670 §1, 5-5-2014; Ord. No. 680 §1, 3-3-2015]
A.
In addition to any fine that may be imposed by the Municipal Judge,
there shall be assessed as costs in all cases as follows:
1.
Costs of Court in the amount of twelve dollars ($12.00) in all cases.
2.
There shall be assessed to each defendant who pleads guilty, or is
found guilty, an additional Court cost in the amount of three dollars
($3.00) for the Police Officer Standards and Training Commission Fund,
except as set forth herein.
a.
Provided that no such fee shall be collected for violations of fish
and game regulations; and
b.
Provided that no such fee shall be collected in any proceeding
in any Court when the proceeding or defendant has been dismissed by
the Court.
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Two dollars ($2.00) of the three dollars ($3.00) shall be transmitted
monthly to the Treasurer of the City, to be used locally for training
Law Enforcement Officers.
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One dollar ($1.00) of the three dollars ($3.00) shall be deposited
into the Peace Officer Standards and Training Commission Fund, to
be used statewide for the training of Law Enforcement Officers. Check
should be made payable to the "Treasurer of the State of Missouri,"
on or before the 15th day of each month.
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3.
There shall be assessed to each defendant who pleads guilty,
or is found guilty, an additional Court cost for the Domestic Violence
Fund in the amount of two dollars ($2.00) which may be waived by the
Court if the Judge finds the defendant indigent and unable to pay
such cost. Such cost shall be collected by the Clerk of the Court
and disbursed by the Council for the purpose of providing operating
expenses for shelters for battered persons, as defined in Sections
455.200 to 455.230, RSMo.
4.
There shall be assessed to each defendant who pleads guilty,
or is found guilty, in each case filed in the City of Normandy Municipal
Court, for violation of any ordinance of this City, an additional
surcharge for the Crime Victims' Compensation Fund, in the amount
of seven dollars and fifty cents ($7.50), provided that no such fee
shall be collected in any proceeding when the proceeding or the defendant
has been dismissed by this Court. Such surcharge shall be collected
by the Clerk of the Court. All sums collected pursuant to this Subsection
shall be distributed as follows:
5.
A Judicial Education Fund and an Appointed Counsel Fund are
both hereby established. A fee of one dollar ($1.00) pursuant to the
provisions of Section 479.260, RSMo., shall be collected in all cases,
except where the proceeding is dismissed by the Court or when the
costs are to be paid by the City. All fees collected pursuant to this
Subsection shall be transmitted monthly to the Treasurer of the City
and shall be allocated between the Judicial Education Fund and the
Appointed Counsel Fund in a manner determined by the Municipal Court.
a.
All funds collected pursuant to this Subsection and retained in the
Judicial Education Fund shall be used only to pay for:
(1)
The continuing education and certification required of the Municipal
Judges by law or Supreme Court Rule; and
b.
Judicial education and training for the Court Administrator and Clerks
of the Municipal Court; and the Municipal Court shall not retain more
than one thousand five hundred dollars ($1,500.00) in the Judicial
Education Fund for each Judge, Administrator or Clerk of the Municipal
Court. Any excess funds shall be transmitted quarterly to the General
Revenue Fund of the City's Treasury.
All funds collected pursuant to this Subsection and retained
in the Appointed Counsel Fund shall be used only to pay the reasonable
fees approved by the Court for the appointment of an attorney to represent
any defendant found by the Judge to be indigent and unable to pay
for legal representation, and where the Supreme Court Rules or the
law prescribes such appointment. The Municipal Court shall not retain
more than five thousand dollars ($5,000.00) in the Appointed Counsel
Fund. Any excess funds shall be transmitted quarterly to the General
Revenue Fund of the City's Treasury.
6.
A fee of two dollars ($2.00) pursuant to Section 488.5026, RSMo.,
in all cases except where the proceeding is dismissed by the Court,
in order to develop and maintain biometric identification systems
and for other prisoner expenses. All fees collected pursuant to this
Subsection shall be transmitted monthly to the Finance Director of
the City of Normandy, who shall deposit funds generated by the surcharge
into the Inmate Prisoner Detainee Security Fund.
7.
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 610.140, RSMo., in the Municipal Court.
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 City's General Fund.
8.
In the event that the General Assembly repeals the statute authorizing
the assessment of the costs, fees, miscellaneous charges, or surcharges
described in this Section or a contrary rule, order or directive is
issued by the Circuit Court or Missouri Supreme Court, the Clerk of
the Municipal Division shall cease collecting such costs, fees, miscellaneous
charges, or surcharges so affected.
9.
In the event that a court of competent jurisdiction enters a
final judgment that any of the costs, fees, miscellaneous charges,
or surcharges described in this Section are unconstitutional, unauthorized,
or are not to be assessed on cases filed in the municipal divisions
of courts of this state, the Clerk of the Municipal Division shall
cease collecting such costs, fees, miscellaneous charges, or surcharges
so affected.
10.
In addition to any costs which may be assessed by the Municipal Division,
pursuant to Statute, ordinance, or Court Rule, in every proceeding
filed in the Municipal Division for violation of an ordinance, a surcharge
of seven dollars ($7.00) shall be assessed. Such surcharge shall also
be assessed in cases in which pleas of guilty are processed in the
Traffic Violations Bureau, No such surcharge shall be collected when
the proceeding or defendant has been dismissed by the Court, when
costs are waived, or when costs are paid by the City. Such surcharge
shall be collected by the Municipal Court and transmitted monthly
to the Missouri Director of Revenue to the credit of the Missouri
Statewide Court Automation Fund, as provided in Section 488.012.3(5)
and Section 488.027.2, RSMo.
[Ord. No. 707, 9-6-2016]
[R.O. 2012 §140.290; Ord. No. 65 §§1 — 2, 12-12-1978; Ord. No. 548 §1, 6-7-2005]
A.
In any case where the prosecuting witness elects not to prosecute an offense after an Information has been filed by the Prosecuting Attorney and executes a "Refusal to Prosecute" form, an administrative fee of thirty dollars ($30.00) shall be charged to the prosecuting witness to defray actual costs incurred by the City in pursuit of the matter at the original behest of the prosecuting witness. The Clerk of the Court shall send notice to the prosecuting witness of the fee and the due date for payment. Failure to make said payment shall be handled in the same manner as failure to pay a fine as set forth in Section 140.300.
B.
In
addition, the costs of any action may be assessed against the prosecuting
witness where it appears to the satisfaction of the Municipal Judge
that the complaint by the prosecuting witness was made without probable
cause or from malicious motives. Judgment shall be rendered against
such witness that he/she pay the same and stand committed until the
full judgment is paid.
[R.O. 2012 §140.300; Ord. No. 65 §§1 — 2, 12-12-1978]
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. 2012 §140.310; Ord. No. 237 §§1 — 3, 7-30-1985]
A.
In
addition to the forfeiture of any security which may have been given
or pledged for the release of any person charged with an offense in
the Normandy Municipal Division of the St. Louis County Circuit Court,
it shall be unlawful for any person who has been charged with an offense
in the Normandy Division of the St. Louis County Circuit Court to
willfully fail to appear before such Court as required.
B.
It
shall be unlawful for any person who has been convicted of, plead
guilty to or been found guilty of any offense in the Normandy Municipal
Division of the St. Louis County Circuit Court and who has been sentenced
to pay any fine or otherwise required by law to pay any monetary penalty
or costs of court or reimbursement of expenses associated with the
investigation or prosecution of such offense to fail to pay such fine,
penalty, costs or reimbursement as required by the Court.
C.
Any person violating any of the provisions of this Section shall, upon conviction thereof, be deemed guilty of an ordinance violation and subject to a fine not exceeding five hundred dollars ($500.00), except that the maximum fine permitted in any instance of failing to appear in court as defined in Subsection (A) of this Section shall not exceed the maximum fine permitted for the offense with which the individual had been charged and in respect to which the individual failed to appear, and except that the maximum fine permitted in any instance of the offense of failing to pay a fine, penalty, cost or reimbursement as defined in Subsection (B) of this Section shall not exceed that amount which is equivalent to the total of the fine, penalty, cost and/or reimbursement originally required by the Court. The penalties imposed hereunder shall be in addition to any penalties imposed upon conviction of any other offense and the imposition of a penalty for violation of this Section shall not in any manner diminish the contempt powers of the Court.
[R.O. 2012 §140.320; Ord. No. 236 §1, 7-30-1985]
A.
Every
person who shall be committed to any jail or detention facility by
lawful authority of the Normandy Municipal Division of the St. Louis
County Circuit Court, either before or after trial or conclusion of
the proceedings against such person, if he/she shall be convicted,
shall bear the expense of carrying him/her to such jail or detention
facility and also his/her support while in such jail or detention
facility before he/she shall be discharged.
B.
The
property of such persons so committed and convicted shall be subjected
to the payment of such expenses and, shall be bound therefor, from
the time of his/her commitment, and may be levied on or sold, from
time to time, under the order of the Normandy Municipal Division of
the St. Louis County Circuit Court, to satisfy such expense.
[R.O. 2012 §140.330; Ord. No. 157 §1, 6-8-1982]
The City Counselor or his/her representative, when he/she is
satisfied that a complaint or information of a violation of an ordinance
is made for vexatious or without just cause, may, before commencing
any proceedings, require the complainant or informant to deposit with
the Clerk double the amount of costs that will in his/her judgment
accrue in the suit, and the City Court Judge may, at any time, after
the filing of a statement by the City Counselor or his/her representative,
upon motion of the defendant, require the deposit of costs aforesaid.
This Section shall not apply to any report, complaint or information
made by any officer of the City in discharge of his/her duty.
[R.O. 2012 §140.340; CC 1975 §16-18]
A.
In
determining whether the defendant is unable to pay such fine or costs
forthwith, the Court may require such defendant to file a petition,
under oath, with the Court, upon a form provided by the Court, setting
forth the financial condition of the defendant.
B.
Such
form shall be a questionnaire, and shall include, but shall not be
limited to:
1.
The name and residence of the defendant;
2.
His/her occupation, if any;
3.
His/her family status and the number of persons dependent upon him/her;
4.
His/her monthly income;
5.
Whether or not his/her dependents are employed and, if so, their
approximate monthly income;
6.
His/her banking accounts, if any;
7.
Real estate owned by the defendant, or any interest he/she may have
in real estate;
8.
Income produced therefrom;
9.
Any independent income accruing to the defendant;
10.
Tangible and intangible personal property owned by the defendant,
or in which he/she may have an interest; and
11.
A statement listing the approximate indebtedness of the defendant
to other persons.
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Such form shall also include a payment plan of the defendant,
if the Court should exercise its discretion in permitting the payment
of such fine and costs in installments or other conditions to be fixed
by the Court.
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At the end of such form there shall be printed in bold face
type, in a distinctive color, the following:
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"THIS STATEMENT IS MADE UNDER OATH. ANY FALSE STATEMENT OF A
MATERIAL FACT TO ANY QUESTION CONTAINED HEREIN SHALL CONSTITUTE FALSE
SWEARING. THE MAXIMUM PENALTY FOR FALSE SWEARING HEREUNDER IS NINETY
(90) DAYS' IMPRISONMENT."
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A copy of the petition shall be retained by the defendant.
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C.
If
the defendant is unable to read or write, the Court or the Clerk may
assist the defendant in completing the petition and require him/her
to affix his/her mark thereto. The consequences of the making of a
false statement shall be explained to such defendant.
[R.O. 2012 §140.350; CC 1975 §16-19]
If a defendant is sentenced to pay a fine or costs and payment of the fine or fine and costs is ordered to be made on an installment basis or on other conditions under the provisions of Section 140.290, and if the defendant is also placed on probation or imposition or the execution of sentence is suspended, the Court may make payment of the fine or fine and costs a condition of probation or suspension of sentence.
[R.O. 2012 §140.360; CC 1975 §16-20]
If a defendant is permitted to pay a fine or fine and costs on an installment basis, or under such other conditions as the Court shall fix under the provisions of Section 140.290, the Court may require as a condition that the defendant be of peace and good behavior until the fine and costs are paid.
[R.O. 2012 §140.370; CC 1975 §16-21]
When any person sentenced to pay a fine or costs defaults in
the payment of any such fine or costs or of any installment thereof,
the Court may issue a summons for such person to appear before the
Court for a hearing on the question of whether such person's failure
to pay the fine or costs or any installment was attributable to intentional
refusal to comply with the prior order of the Court or to a lack of
a good faith effort to comply therewith. The Court may, after hearing,
order that the person in default be allowed additional time for payment,
may reduce or remit the amount of the fine or the unpaid portion thereof
in whole or in part, or upon a finding that the default was intentional
or due to the lack of a good faith effort to comply with the prior
order of the Court, may order such person confined for such period
up to ninety (90) days as the Court in its discretion shall determine.
