City of Lincoln, MO Article I General Provisions [1]

[1] Editor's Note — As to certain violations concerning an accused with special needs, §479.040, RSMo.

Section 125.010 Violations — To Be Heard by Associate Circuit Judge.

[Ord. No. 493 §§1 — 3, 6-11-2007]

A. The Municipal Judge of the City of Lincoln shall be the Associate Circuit Judge for Benton County, Missouri, pursuant to the City's election under Section 479.040, RSMo.

B. The Board of Aldermen reserves the power and right to alter the method and manner of choosing the Municipal Judge in the future.

C. The Board of Aldermen approves and ratifies the actions of the City Attorney in conveying the City's desire to have the Associate Circuit Judge of Benton County serve as Municipal Judge who, pursuant to Section 479.040, RSMo., at the Board's direction, notified the Circuit Judge on April 27, 2007, of the City's election to have the Associate Circuit Judge of Benton County serve as the Municipal Judge.

Section 125.020 Municipal Division — Circuit Court.

The Division of the Circuit Court of Benton County, Missouri, which hears and determines violations of the ordinances of the City of Lincoln shall be known as the "Municipal Division of the Circuit Court of Benton County, Missouri".

Section 125.030 Failure to Appear in Municipal Court.

A. A person commits the offense of failure to appear in Municipal Court if:

1. He/she has been issued a summons for a violation of any ordinance of the City of Lincoln and fails to appear before the Judge of the Municipal Court at the time and on the date on which he/she was summoned, or at the time or on the date to which the case was continued;

2. He/she has been released upon recognition of bond and fails to appear before the Judge of the Municipal Court at the time and on the date on which he/she was summoned, or at the time or on the date to which the case was continued;

3. He/she has been placed on Court supervised probation and fails to appear before the Judge of the Municipal Court at the time specified by said Judge as a condition of the probation.

B. Nothing in this Section shall prevent the exercise of the Municipal Court of its power to punish for contempt.

Section 125.040 Court Costs.

[Ord. No. 346 §§1 — 3, 9-17-1996; Ord. No. 565 §1, 4-11-2012]

A. In addition to any fine that may be imposed by the Municipal Judge in any case filed in the Lincoln Municipal Division of the 30th Judicial Circuit Court, and in addition to all other fees authorized or required by law, there shall be assessed as costs the following:

1. Costs of Court for Clerk fees in the amount of fifteen dollars ($15.00) to be paid according to State law and thirty dollars ($30.00) for applications for a trial de novo of a municipal ordinance violation, pursuant to Section 479.260, RSMo.

[Ord. No. 670, 8-10-2020]

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 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.

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 Subparagraph (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 Subparagraph shall be paid at least monthly as follows:

a. Ninety-five percent (95%) of such fees shall be paid to the Director of Revenue of the State of Missouri for deposit as provided in Section 595.045.5, RSMo.

b. Five percent (5%) shall be paid to the City Treasury.

4. A fee of two dollars ($2.00) 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 for each criminal case, including violations of any County or municipal ordinance for the purpose of providing operating expenses for shelters for battered persons as set out in Section 488.607, RSMo.

[Ord. No. 673, 10-12-2020]

5. (Reserved)[1]

[1] Editor's Note: Former Subsections (A)(5), (6), (7) and (10) were repealed 10-12-2020 by Ord. No. 673. These Subsections have been left reserved throughout this Section.

6. (Reserved)[2]

[2] Editor's Note: See note @ Subsection (A)(5).

7. (Reserved)[3]

[3] Editor's Note: See note @ Subsection (A)(5).

8. Any other reasonable cost as may be otherwise provided by ordinance including, but not limited to, any necessary transportation related thereto, medical costs incurred by the City while a defendant is in City custody, and costs related to the arrest and testing of any person for any intoxication-related traffic offense as set out in Section 125.040(9) hereof.

[Ord. No. 673, 10-12-2020]

9. 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 Lincoln 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.

[Ord. No. 673, 10-12-2020]

c. The Chief of Police may 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 Subparagraph, the City Treasurer shall retain such costs in a separate fund to be known as the "DWI/Drug Offense Cost Reimbursement Fund". Monies with such fund shall be appropriated by the Board of Aldermen 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.

10. (Reserved)[4]

[4] Editor's Note: See note @ Subsection (A)(5).

11. Sheriffs' Retirement fee.

[Ord. No. 579 §1, 10-14-2013]

a. Court costs shall be increased by three dollars ($3.00) for the sheriffs' retirement system as required pursuant to Section 57.955, RSMo.

b. The Clerk of the Municipal Court shall submit all costs collected pursuant to the provisions of this Subsection which shall be payable to the Sheriffs' Retirement Fund as provided in Section 57.955, RSMo.

12. Inmate Security Fund surcharge.

[Ord. No. 580 §1, 10-14-2013]

a. Court costs shall be increased by the sum of two dollars ($2.00) for the Inmate Security Fund surcharge pursuant to Section 488.502(6), RSMo.

b. All monies collected by the Municipal Clerk pursuant to the provisions of this Subsection shall be remitted at least bimonthly to the County Treasurer for deposit to the Inmate Security Fund account.

13. In addition to the other costs authorized in this Section, there shall be assessed a State court automation surcharge of seven dollars ($7.00) in all cases in which court costs are taxed. Said surcharge shall be collected by the Municipal Court and transmitted monthly to the Missouri Director of Revenue to the credit of the Missouri Statewide Automation Fund, as provided in Section 488.012.3(5), RSMo., and Section 488.027.2, RSMo.

[Ord. No. 665, 4-13-2020]

Section 125.050 Fines and Costs — Where Paid.

In cases of violations of ordinances of the City submitted to, heard and determined before an Associate Circuit Judge, all fines shall be paid to and deposited at least monthly into the City Treasury and all court costs shall be accounted for and remitted to the State Treasury in the same manner as provided by law for costs in misdemeanor cases.