[CC 1976 §16-1; Ord. No. 1647 §1, 12-18-1978; Ord. No. 2176 §1, 5-13-1985]
There is hereby established in this City a Municipal Court,
to be known as the "Overland Municipal Court, a Division of
the 21st Judicial Circuit Court of the State of Missouri". This Court is a continuation of the Municipal Court of the City
as previously established, and is termed herein the Municipal Court.
Said Municipal Court shall consist of two (2) Divisions to be known
as Division 1 and Division 2. Division 1 is a continuation of the
Municipal Court of the City as previously established and shall continue
to hold court regularly. Division 2 shall hold court only in case
of disqualification of the Judge of Division 1, whenever the Judge
of Division 1 is otherwise absent, or whenever the Judge of Division
1 shall designate at his/her discretion. The jurisdiction, powers
and duties of Division 2 shall be the same as Division 1. The qualifications
for office, selection and term of office of the Judge of Division
2 shall be the same as the Judge of Division 1. The compensation for
the Judge of Division 2 shall be set by the City Council in their
adoption of the annual budget.
[CC 1976 §16-2; Ord. No. 1647 §1, 12-18-1978]
The jurisdiction of the Municipal Court shall extend to all
cases charging offenses against the ordinances of the City.
[CC 1976 §16-3; Ord. No. 1647 §1, 12-18-1978; Ord. No. 97-7 §16, 2-24-1997]
Any Judge of the City Municipal Court shall be known as a Municipal
Judge of the 21st Judicial Circuit Court and shall be appointed to
his/her position by the Mayor with the consent of the majority of
all members elected to the City Council. The City Council may elect
to appoint more than one (1) Municipal Judge, who shall serve in the
Municipal Court. Each Municipal Judge shall serve a term of two (2)
years unless appointed to serve out the unfulfilled term of a Judge
who has left office. Municipal Judge(s) are subject to removal only
by the authority of the State Commission on Judicial Retirement and
Discipline. The compensation of the Municipal Judge(s) is to be set
by the Council prior to appointment of the Judge and may not be varied
during the judicial term.
[CC 1976 §16-4; Ord. No. 1647 §1, 12-18-1978]
A.
The
Municipal Judge shall possess the following qualifications before
he/she shall take office:
1.
He/she must be a licensed attorney, qualified to practice law within
the State of Missouri.
2.
He/she need not reside within the City.
3.
He/she must be a resident of the State of Missouri.
4.
He/she must be between the ages of twenty-one (21) and seventy-five
(75) years.
5.
He/she may serve as Municipal Judge for any other municipality.
6.
He/she may not hold any other office within the City Government.
7.
The office of Municipal Judge shall be considered a part-time position,
and as such the Municipal Judge may accept (within the requirements
of the Code of Judicial Conduct, Missouri Supreme Court Rule 2) other
employment.
[CC 1976 §16-5; Ord. No. 96-77 §1, 9-24-1996]
The Municipal Judge shall hold office for a period of two (2)
years and shall take office bi-annually commencing April, 1998. 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.
[CC 1976 §16-6; Ord. No. 1647 §1, 12-18-1978]
A.
The
Municipal Judge shall vacate his/her office under the following circumstances:
1.
Upon removal from office by the State Commission on the retirement,
removal and discipline of Judges, as provided in Missouri Supreme
Court Rule 12, or
2.
Upon attaining his/her seventy-fifth (75th) birthday, or
3.
If he/she should lose his/her license to practice law within the
State of Missouri.
[CC 1976 §16-7; Ord. No. 1647 §1, 12-18-1978]
The Municipal Court of the City shall be subject to the rules
of the Circuit Court of which it is a part, and to the rules of the
State Supreme Court. The Municipal Court shall be subject to the general
administrative authority of the presiding Judge of the Circuit Court,
and the Judge and Court personnel of said Court shall obey his/her
directives.
[CC 1976 §16-8; Ord. No. 1647 §1, 12-18-1978; Ord. No. 1648 §1, 1-8-1979; Ord. No. 93-49 §1, 10-11-1993]
The Municipal Judge shall cause to be prepared within the first
ten (10) days of every month a report indicating the total cash collected
by the Court the preceding month. Said report shall be delivered to
the City Clerk who shall present it to the City Council at the regular
Council meeting. The Municipal Court shall each day pay to the Director
of Finance the full amount of all fines collected during the preceding
day.
[CC 1976 §16-9; Ord. No. 1647 §1, 12-18-1978]
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.
[CC 1976 §16-10; Ord. No. 1647 §1, 12-18-1978; Ord. No. 1648 §1, 1-8-1979]
A.
The
Municipal Judge shall be a conservator of the peace, and he/she 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
300.555 through Section 300.570, RSMo.
2.
Preside over the Municipal Court.
3.
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.
4.
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.
5.
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.
6.
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.
[CC 1976 §16-11; Ord. No. 1647 §1, 12-18-1978; Ord. No. 1648 §1, 1-8-1979]
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 Court is hereby designated as the Violations
Clerk for said Bureau, if established.
[1]
Editor's Note — As part of the editorial/legal review and conference of September, 2001, sections 130.110 — 130.120 have been removed and left reserved for the future use of the city. Former sections 130.110 — 130.120 derived from CC 1976 §§16-12 — 16-13; ord no. 1647 §1, 12-18-78; ord. no. 1648 §1, 1-8-79; ord. no. 2311 §1, 11-10-86.
[CC 1976 §16-14; Ord. No. 1647 §1, 12-18-1978]
All persons in custody shall be forthwith tried, if ready for
trial. All other persons shall be tried in the order in which their
names appear on the docket.
[CC 1976 §16-15; Ord. No. 1647 §1, 12-18-1978; Ord. No. 2005-02 §1, 1-10-2005]
Any person arrested for violation of any ordinance may be admitted
to bail by executing a bond to the City, with sufficient security
to be approved by the Municipal Judge, in the sum of not less than
one hundred dollars ($100.00) nor more than one thousand dollars ($1,000.00)
conditioned that such person will appear on the days therein stated
before the Municipal Court to answer the charges against him/her,
and all bonds so taken shall forthwith be filed with the Municipal
Judge by the Officer approving and taking the same, and whenever any
person shall be arrested and brought before the Municipal Court, and
for any cause the trial is postponed to a time certain, such person
shall be required to enter into a recognizance with security, to be
approved by the Court at the time and place appointed, then and there
to answer complaint alleged against him/her. If any person arrested
or brought before the Court as aforesaid shall fail or refuse to enter
into recognizance, he/she shall be committed to jail and held to answer
the complaint against him/her.
[CC 1976 §16-16; Ord. No. 1647 §1, 12-18-1978]
In the case of a breach of any recognizance entered into before
a Municipal Judge or an Associate Circuit Judge hearing a municipal
ordinance violation case, the same shall be deemed forfeited and the
Judge shall cause the same to be prosecuted against the principal
and surety, or either of them, in the name of the municipality as
plaintiff. Such action shall be prosecuted before a Circuit Judge
or Associate Circuit Judge, and in the event of cases caused to be
prosecuted by a Municipal Judge, such shall be on the transcript of
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.
[CC 1976 §16-18; Ord. No. 1647 §1, 12-18-1978]
Complaints files as aforesaid may include any number of persons
charged with the same offense, and no proceedings shall be dismissed
or defendant discharged by reason of any informality or irregularity
in any complaint, but such complaint may, by leave of Court, at any
time before or during trial, prior to the retirement of the jury or
the finding of the Municipal Judge, be amended without prejudice to
the proceedings.
[CC 1976 §16-19; Ord. No. 1647 §1, 12-18-1978]
A.
Upon
the filing of the complaint, the Municipal Judge or Clerk of the Court
shall issue a warrant reciting the offense substantially as charged
in the complaint and directed to the City Marshal, the Sheriff or
any Constable of the County of St. Louis.
B.
The
officer to whom a warrant issued by the Municipal Court is directed
shall execute the same at any place within the limits of the County,
and not elsewhere, unless said warrant is endorsed in the manner provided
for warrants in criminal cases. Such warrants shall be executed by
arresting the defendant therein named and bringing him/her before
the Municipal Judge if such arrest is made while the Court is in session,
or if the Court is not then sitting, by taking and holding him/her
in custody until the next session of the Court, unless he/she gives
bail as herein provided.
C.
Upon
the return of the warrant by the officer executing the same, the Municipal
Judge shall have been fully possessed of the case, the Municipal Judge
shall proceed to hear and determine the same, and shall issue subpoenas
for witnesses and attachments to compel their attendance.
D.
No
warrant shall be issued for any person lawfully arrested by the Chief
of Police or Police Officer and then in custody, or at liberty under
bond for his/her appearance, but the trial of such persons shall be
had on the written complaint or statement of the officer by whom the
arrest was made.
[CC 1976 §16-20; Ord. No. 1647 §1, 12-18-1978]
A.
Issuance. The Clerk of the Municipal Court shall be authorized
to issue any warrant upon the filing of a complaint or information
charging the commission of an offense as provided by the provisions
of Supreme Court Rule 37, Missouri Rules of Practice and Procedure
in Municipal Courts.
B.
Contents. Said warrant shall contain the name of the accused,
or if such name is unknown, any name or description by which the accused
can be identified with reasonable certainty; said warrant shall describe
the offense charged in the complaint or information and shall be signed
by the Clerk who shall affix thereto the official Seal of the Municipal
Court of the City.
[CC 1976 §16-21; Ord. No. 1647 §1, 12-18-1978]
The City Marshal, 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.
[CC 1976 §16-22; Ord. No. 1647 §1, 12-18-1978]
Any person charged with a violation of a municipal ordinance
of this City shall be entitled to a trial by jury, as in prosecutions
for misdemeanors before an Associate Circuit Judge. Whenever a defendant
accused of a violation of a municipal ordinance demands trial by jury,
the Municipal Court shall certify the case to the presiding Judge
of the Circuit Court for reassignment.
[CC 1976 §16-23; Ord. No. 1647 §1, 12-18-1978]
When a case is first called for trial, if either party shall apply for a continuance owing to the absence of material witnesses, the Municipal Judge may continue the case to a day certain, if he/she shall be satisfied that such continuance is in the interest of justice. If at the calling of the case on the day to which it has been continued a further continuance is asked, the party applying therefor shall be required to file an affidavit setting forth the grounds upon which continuance is sought, and if it is because of the absence of witnesses, he/she shall state therein the materiality of such witnesses, their names and residences, what he/she expects to prove by them, what means have been issued to procure their attendance, and what reason he/she has to believe that they will be present at the trial of the case if it be continued, and if in its judgment sufficient cause is shown, the Court may grant a further continuance not beyond ninety (90) days. Before any such continuance is granted, however, the defendant shall be required to enter into recognizance as provided in Section 130.140.
[CC 1976 §16-25; Ord. No. 1647 §1, 12-18-1978]
It shall be the duty of an attorney designated by the municipality
to prosecute the violations of the City's ordinances before the Municipal
Judge or before any Circuit Judge hearing violations of the City's
ordinances. The salary or fees of the attorney and his/her necessary
expenses incurred in such prosecutions shall be paid by the City.
The compensation of such attorney shall not be contingent upon the
result in any case.
[CC 1976 §16-26; Ord. No. 1647 §1, 12-18-1978]
It shall be the duty of the Municipal Judge to summon all persons
whose testimony may be deemed essential as witnesses at the trial,
and to enforce their attendance by attachment, if necessary. The fees
of witnesses shall be the same as those fixed for witnesses in trials
before Associate Circuit Judges and shall be taxed as other costs
in the case. When a trial shall be continued by a Municipal Judge
it shall not be necessary to summon any witnesses who may be present
at the continuance; but the Municipal Judge shall orally notify such
witnesses as either party may require to attend before him/her on
the day set for trial to testify in the case, and enter the names
of such witnesses on his/her docket, which oral notice shall be valid
as a summons. Officers shall attend as witnesses against persons whom
they have arrested without summons, and if they fail to appear at
the time of the trial they may be attached and punished for contempt
in like manner as witnesses summoned.
[CC 1976 §16-27; Ord. No. 1647 §1, 12-18-1978]
If, in the process 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 further
proceedings before him/her as Municipal Judge and cause the complaint
to be made before some Associate Circuit Judge within the County.
[CC 1976 §16-28; Ord. No. 1647 §1, 12-18-1978]
Depositions taken in conformity with the laws of the State may
be read in evidence in any case pending in the Municipal Court when
the witness is dead, or is unable because of sickness or infirmity
or absence from the City to be present at the trial.
[CC 1976 §16-30; Ord. No. 1647 §1, 12-18-1978]
If the defendant pleads or is found guilty, the Municipal Judge
shall declare and assess the punishment prescribed by ordinance according
to his/her findings or the verdict of the jury, and render a judgment
accordingly; and it shall be a part of said judgment that the defendant
stand committed until the judgment is complied with. In no case shall
a judgment of conviction be rendered except when sufficient legal
evidence is given on a public trial or upon a plea of guilty made
in open court.
[CC 1976 §16-31; Ord. No. 1647 §1, 12-18-1978; Ord. No. 2010-23 §1, 6-28-2010]
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 another authorized agency, and it shall be the duty of
the agency official, if space for the prisoner is available in the
agency 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 now or hereafter be allowed to such agency for the
keeping of such prisoner in his/her custody. The same shall be taxed
as cost.
[CC 1976 §16-32; Ord. No. 1647 §1, 12-18-1978; Ord. No. 1648 §1, 1-8-1979]
A.
The
Municipal Judge 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.
The City of Overland 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.
[CC 1976 §16-34; Ord. No. 1647 §1, 12-18-1978]
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 within ten (10)
days after judgment and shall be filed in such form and perfected
in such manner as provided by Supreme Court rules.
[CC 1976 §16-36; Ord. No. 1647 §1, 12-18-1978]
The Municipal Judge shall keep a docket in which he/she shall
enter every cause begun before him/her and shall state therein the
name of complainant, the nature and character of the offense charged,
the date of the trial, the names of all witnesses sworn and examined,
the findings of the Court or verdict of the jury, the judgment, the
fine, the date of payment, the date of issuing commitment if any,
and such other facts as are necessary to show the full proceedings
in every case, and upon an appeal being perfected, he/she shall make
out and certify to the Circuit Court a full transcript of the proceedings
he/she had in said issue.
[CC 1976 §16-37; Ord. No. 1647 §1, 12-18-1978]
A Municipal Judge shall be disqualified to hear any case in
which he/she is in anywise interested, or, if before the trial is
commenced, the defendant or the prosecutor files an affidavit that
the defendant or the municipality, as the case may be, cannot have
a fair and impartial trial by reason of the interest or prejudice
of the Judge. Neither the defendant nor the municipality shall be
entitled to file more than one (1) affidavit or disqualification in
the same case.
[CC 1976 §16-39; Ord. No. 1647 §1, 12-18-1978]
Upon the rendition of any judgment in the Municipal Court imposing
a fine or penalty, if the defendants do not immediately pay the same,
an execution and commitment shall be issued against the defendant
for the amount of such fine or penalty.
[CC 1976 §16-40; Ord. No. 1647 §1, 12-18-1978]
Upon receiving the execution above stated, the Chief of Police
shall immediately take the defendant into custody, and if said defendant
does not, before sundown of the same day, satisfy said execution,
either by paying the same in money or by disclosing to the Chief of
Police sufficient funds or chattels, of the property of said defendant
whereon to levy execution for the debt, the Chief of Police without
delay shall convey said defendant to the City Jail or the County Jail
and deliver him/her into custody of the jailer thereof, taking his/her
receipt therefor endorsed upon said execution; and at the time of
such delivery the Chief of Police shall deliver to the jailer a true
copy of the execution certified by himself/herself, which shall be
the warrant of the jailer for taking and keeping in his/her custody
the body of the defendant until the execution shall be satisfied.
[CC 1976 §16-41; Ord. No. 1647 §1, 12-18-1978]
Any defendant wishing to appeal from the judgment of the Municipal
Court, and not being ready to enter into bonds, may deposit with the
Chief of Police the amount of fine, which shall be received by said
Chief of Police as collateral security for such fine until an appeal
is perfected, when it shall be returned to defendant; but if such
appeal is not perfected within ten (10) days, the said collateral
shall be applied to satisfy the fine imposed upon him/her.
[CC 1976 §16-42; Ord. No. 1647 §1, 12-18-1978]
The Mayor may, in his/her discretion, remit in whole or in part,
any fine, penalty or forfeiture assessed in the Municipal Court for
the breach of any ordinances, and may grant reprieves and pardons
after the conviction of any offense and may attach any condition to
such remittance reprieve or pardon as in his/her judgment would further
the ends of justice.
[CC 1976 §16-43; Ord. No. 1647 §1, 12-18-1978; Ord. No. 1648 §1, 1-8-1979]
The Clerk shall each day pay to the Director of Finance the
full amount of all fines collected by him/her during the preceding
day, for which he/she shall take a duplicate receipt, one (1) of which
he/she shall file with the City Clerk.
[CC 1976 §16-45; Ord. No. 1647 §1, 12-18-1978]
All processes and notices which may be necessary, in any suit
before the Municipal Judge to serve on the City, shall be served on
the City Clerk, or on the person acting in his/her stead.
[CC 1976 §16-46; Ord. No. 1647 1, 12-18-1978]
When an affidavit on the part of the City be required in any
cause which has originated in the Municipal Court, it shall be made
by the Prosecuting Attorney, or, in case of his/her inability, by
any person to whom the facts are known.
[CC 1976 §16-47; Ord. No. 1647 §1, 12-18-1978]
In the absence of the Prosecuting Attorney, or person prosecuting
in his/her stead, when any suit in which the City is plaintiff is
about to be tried, the Mayor may, if he/she deems it necessary, appoint
someone to prosecute on behalf of the City, who shall, during the
time he/she is so acting, possess all the power vested in the Prosecuting
Attorney.
[CC 1976 §16-48; Ord. No. 1647 §1, 12-18-1978; Ord. No. 1648 §1, 1-8-1979]
A.
The
Mayor shall appoint the Clerk of the Municipal Court subject to the
approval of the City Council. The duties of said Clerk shall be as
follows:
1.
To collect such fines for violations of such offenses as may be described,
and the court costs thereof.
2.
To take oaths and affirmations.
3.
To accept signed complaints, and allow the same to be signed and
sworn to or affirmed before him/her.
4.
Sign and issue subpoenas requiring the attendance of witnesses and
sign and issue subpoenas duces tecum.
5.
Accept the appearance, waiver of trial and plea of guilty and payment
of fine and costs in Violations Bureau cases or as directed by the
Municipal Judge; generally act as Violations Clerk of the Violations
Bureau.
6.
Perform all other duties as provided for by ordinance, by rules of
practice and procedure adopted by the Municipal Judge and by the Missouri
Rules of Practice and Procedure in Municipal and Traffic Courts and
by Statute.
7.
Maintain, properly certified by the City Clerk, a complete copy of
the ordinances of the 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.
[CC 1976 §16-49; Ord. No. 1647 §1, 12-18-1978; Ord. No. 2141 §1, 1-14-1985; Ord. No. 91-62 §1, 11-11-1991; Ord. No. 93-49 §2, 10-11-1993; Ord. No. 95-81 §1, 10-25-1995; Ord. No. 97-22 §1, 6-10-1997; Ord. No. 2002-60 §§1 —
2, 10-29-2002; Ord. No.
2008-32 §1, 8-19-2008; Ord. No. 2010-22 §1, 6-28-2010; Ord. No. 2013-23 §§1 — 3, 8-12-2013]
A.
In
addition to any fine that may be imposed by the Municipal Judge, there
shall be assessed as costs and fees in all cases the following:
1.
Costs of Court in the amount of twelve dollars ($12.00).
2.
Police Officer training fee. A fee of three dollars
($3.00) is hereby established and assessed as additional Court costs
in each Court proceeding, except that no such fee shall be collected
when the proceedings against the defendant have been dismissed.
a.
Two dollars ($2.00) of each such Court cost shall be transmitted
monthly to the Director of Finance 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.
b.
One dollar ($1.00) of each such Court cost shall be sent to the State
Treasury to the credit of the Peace Officers Standards and Training
Commission Fund created by Section 590.178, RSMo.
3.
Crime Victims' Compensation Fund. An additional sum of seven dollars fifty cents ($7.50) shall be assessed and added to the basic costs in Subsection (1) of this Section, provided that no such cost 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 paid at least monthly as follows:
4.
Sheriffs' Retirement Fund. There shall be assessed
and collected a surcharge of three dollars ($3.00) in all criminal
cases including violation of any county ordinance or any violation
of criminal or traffic laws of this State, including infractions,
but no such surcharge shall be assessed when the costs are waived
or are to be paid by the State, County or municipality or when a criminal
proceeding or the defendant has been dismissed by the Court. The Clerk
responsible for collecting court costs shall collect and disburse
such amounts as provided by Sections 488.010 to 488.020, RSMo. Such
funds shall be payable to the Sheriffs' Retirement Fund.
5.
Such other costs as may be authorized by law to be assessed in Municipal
Court cases, including but not limited to interpreters fees when claimed
under the provisions of this Chapter.
6.
Reimbursement of certain costs of arrest.
a.
Upon a plea or a finding of guilty of violating the provisions of Sections 342.020 or 342.030 of this Code or any ordinance of the City of Overland involving alcohol- or drug-related traffic offenses, the Court may, in addition to imposition of any penalties provided by law, order the convicted person to reimburse the Police Department for the costs associated with such arrest.
b.
Such costs hereby authorized shall include the reasonable cost of
making the arrest, including the cost of any chemical test made as
authorized or required by law or ordinance to determine the alcohol
or drug content of the person's blood, and the costs of processing,
charging, booking and holding such person in custody.
c.
The Chief of Police shall establish a schedule of such costs hereby
authorized and shall submit the same to the Municipal Judge. However,
the Court may order the costs reduced if it determines that the costs
are excessive.
d.
Upon receipt of such additional costs authorized by this Subsection,
the Director of Finance shall retain such costs in a separate fund
to be known as the "DWI/Drug Offense Cost Reimbursement Fund". Monies
within such fund shall be appropriated by the City Council to the
Police Department in amounts equal to those costs so collected and
shall be used by such department specifically to enhance and support
the enforcement and prosecution of alcohol- and drug-related traffic
laws within the City.
7.
Work/construction zone. Any person who is convicted
or pleads guilty to a speeding violation or passing/overtaking a vehicle
in a work/construction zone when there was any person present performing
duties in the work/construction zone and appropriate signs were posted
stating "Warning: $250 fine for speeding or passing in this work zone"
shall be assessed a fine of two hundred fifty dollars ($250.00) in
addition to any other fine assessed; except that any person assessed
the two hundred fifty dollar ($250.00) fine shall not also be assessed
the thirty-five dollar ($35.00) fine for any of the following offenses
in a construction or work zone: any moving violation or violation
of speeding, leaving the scene, careless and imprudent driving, operating
without a valid license, operating with a suspended or revoked license,
obtaining a license by misrepresentation, driving while intoxicated,
under the influence or BAC, any felony offense involving the use of
a vehicle, or failure to maintain financial responsibility.
8.
In addition to any other fines or costs provided in this Code pertaining
to cases filed in the Overland Municipal Division, an additional sum
of two dollars ($2.00) shall be imposed in conjunction with all cases
for violation of municipal ordinances.
No such charge shall be collected in any proceedings when the
proceeding or defendant has been dismissed by the Court.
9.
Prisoner housing cost.
10.
State Court Automation Surcharge. In addition to 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 Municipal Court
and 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.
[Ord. No. 2018-17, 10-22-2018]
11.
A surcharge in the sum of two dollars ($2.00) authorized by Section
488.607, RSMo., for the purpose of providing operating expenses for
shelters for battered persons, as defined in Sections 455.200 to 455.230,
RSMo. Such cost shall be collected by the Clerk of the Court and disbursed
by the City to such shelters that meet the requirements and qualifications
of Sections 455.200 to 455.230, RSMo.
[Ord. No. 2021-04, 2-22-2021]
[CC 1976 §16-52; Ord. No. 1647 §1, 12-18-1978]
In any case when duties are required of an Officer mentioned
in this Chapter and no fee is prescribed therefor by this Chapter
or other ordinances, such Officer shall be allowed such fees as are
allowed State and County Officers for similar services.
[CC 1976 §16-54; Ord. No. 1647 §1, 12-18-1978]
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.
[CC 1976 §16-55; Ord. No. 1647 §1, 12-18-1978; Ord. No. 1648 §1, 1-8-1979]
The amounts to be taxed as costs under the provisions of this
Chapter shall not at any time be paid to the Municipal Judge or any
officer of the City as a fee for services, but shall be paid as aforesaid
into the City Treasury, retained in a separate fund and used as aforesaid
toward the payment of expenses of operating said Municipal Court,
and the expense of operating said Municipal Court shall include the
salary compensation of the Municipal Judge, Court Clerk, City Marshal
and other Police Officers and the City Attorney.
