[Ord. No. 21-02, 2-4-2021]
The Municipal Court shall hereafter be known as "Circuit Court
of Taney County, Missouri, Hollister Division."
[1]
Editor's Note: Former Chapter 135, Municipal Court, was repealed
2-4-2021 by Ord. No. 21-01. Prior history includes: CC 1983 §§
72.010 – 72.050, 72.080 – 72.190, 72.220 – 72.240,
72.260, 72.280 – 72.290, 75.056 – 75.058; Ord. No. 264; Ord. No. 426; Ord. No. 94-03; Ord. No. 94-19; Ord. No. 95-21; Ord. No. 97-22; Ord. No. 99-38; Ord. No. 99-42; Ord. No. 01-02; Ord. No. 01-45; Ord. No. 04-60; Ord. No. 06-24; Ord. No. 09-10; Ord. No. 12-12; Ord. No. 12-13; Ord. 13-09; Ord. No. 14-12; Ord. No. 15-10; Ord. No. 15-11; Ord. No. 18-24; and Ord. No. 18-25.
[Ord. No. 21-02, 2-4-2021]
The jurisdiction of the Municipal Court shall extend to all
cases involving alleged violations of the Municipal Code.
[Ord. No. 21-02, 2-4-2021]
The Municipal Court shall be subject to the rules of the Circuit
Court of Taney County, Missouri, and the rules of the Supreme Court
of the State of Missouri, and shall be subject to the general administrative
authority of the Presiding Judge of the Circuit Court of Taney County,
Missouri.
[Ord. No. 21-02, 2-4-2021]
The City authorizes a Traffic Violations Bureau so that defendants
may conveniently pay their fines and costs. Implementation and operation
of the Bureau shall be at the discretion of the Circuit Court of Taney
County, Missouri.
[Ord. No. 21-02, 2-4-2021]
The City shall appoint the City Prosecuting Attorney, who shall
prosecute the violations of the Municipal Code. The salary or fees
of the City Prosecuting Attorney and the expenses incurred in such
prosecutions shall be paid by the City. The compensation of the City
Prosecuting Attorney shall not be contingent upon the result in any
case.
[Ord. No. 21-02, 2-4-2021]
A.
Whenever
any defendant has entered a plea of guilty or has been found guilty
of violation of a provision of the Municipal Code, the Judge shall
make one (1) or more of the following dispositions in any appropriate
combination. The Judge may:
1.
Sentence the defendant to a term of imprisonment as authorized by
the Municipal Code.
2.
Sentence the defendant to pay a fine as authorized by the Municipal
Code.
3.
Suspend the imposition of sentence and place the defendant on probation
for a period not in excess of two (2) years.
4.
Pronounce sentence, suspend its execution, and place the defendant
on probation for a period not in excess of two (2) years.
5.
Require the defendant to preform community service in lieu of payment
of fine or in addition to the payment of fine.
[Ord. No. 21-02, 2-4-2021]
A.
The
following are Court costs:
1.
Court Costs (CC): $15.00.
a.
A fee of fifteen dollars ($15.00) is hereby established and assessed
in each Court proceeding, including non-moving traffic violations;
except that no such fee shall be collected in any Court proceeding
when the proceeding or the defendant has been dismissed or defendant
is found by the Judge to be indigent and unable to pay the costs.
2.
Law Enforcement Training Fee (LET): $3.00.
a.
A fee of three dollars ($3.00) is hereby established and assessed
in each Court proceeding, including non-moving traffic violations;
except that no such fee shall be collected in any Court proceeding
when the proceeding or the defendant has been dismissed or defendant
is found by the Judge to be indigent and unable to pay the costs.
b.
Two dollars ($2.00) of such fee collected shall be transmitted monthly
to the Treasurer of the City to be used for training Law Enforcement
Officers. One dollar ($1.00) of such fees collected shall be deposited
into the Peace Officer Standards and Training Commission Fund to be
used Statewide for training Law Enforcement Officers. The checks should
be payable to the "Treasurer, State of Missouri." Address and mail
checks after the last day of each month to: Budget Director, Department
of Public Safety, P.O. Box 749, Jefferson City, MO 65102.
3.
Crime Victim's Compensation (CVC): $7.50.
a.
A fee of seven dollars fifty cents ($7.50) is hereby established
and assessed in each Court proceeding, including non-moving traffic
violations; except that no such fee shall be collected in any Court
proceeding when the proceeding or the defendant has been dismissed
or defendant is found by the Judge to be indigent and unable to pay
the cost.
b.
Thirty-seven cents ($0.37) of such fee collected shall be transmitted
monthly to the Treasurer of the City. Seven dollars thirteen cents
($7.13) of such fee collected shall be paid to the Missouri Department
of Revenue, County Tax Division, P.O. Box 475C, Jefferson City, MO
65105.
4.
Missouri Sheriffs' Retirement Fee (MSR): $3.00.
a.
A fee of three dollars ($3.00) is hereby established and assessed
in each Court proceeding, including non-moving traffic violations;
except that no such fee shall be collected in any Court proceeding
when the proceeding or the defendant has been dismissed or the defendant
is found by the Judge to be indigent and unable to pay the costs.
b.
Three dollars ($3.00) of such fee collected shall be paid to the
Missouri Sheriffs' Retirement, P.O. Box 105257, Jefferson City, MO
65110 to be used for the purpose of providing a retirement fund for
the Sheriff's Department.
[Ord. No. 21-02, 2-4-2021]
When a defendant has entered a plea of guilty or has been found
guilty of violating any Municipal ordinance involving the operation
of a motor vehicle, the Court may suspend sentencing pending the successful
completion by the defendant of a course of educational training designed
to improve the safety habits of drivers, or may order a defendant
to attend such a course in lieu of or in addition to the penalty otherwise
provided.
[Ord. No. 21-02, 2-4-2021]
A defendant who has been sentenced to pay a fine may, at any
time, petition the sentencing Court for a revocation of a fine or
any unpaid portion thereof. If it appears to the Court that the circumstances
which warranted imposition of the fine no longer exist or that it
would otherwise be unjust to require payment of the fine, the Judge
may revoke the fine or the unpaid portion thereto in whole or in part,
or may modify the method of payment.
