[Ord. No. 17-15, 11-7-2017[1]]
There is established in the City of Fayette, Missouri, (hereafter
"City") a municipal court known as the "Municipal Court" of City;
the court shall be a division of the Circuit Court of Howard County,
Missouri; and the caption in all pleadings shall be as follows:
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IN THE CIRCUIT COURT OF HOWARD COUNTY
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AT FAYETTE, MISSOURI — FAYETTE MUNICIPAL DIVISION
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[Ord. No. 17-15, 11-7-2017]
The Municipal clerk shall be such qualified person as determined
by the presiding judge of the Circuit Court of Howard County, Missouri
and shall have such powers and duties as determined by said judge
and state statutes.
[Ord. No. 17-15, 11-7-2017]
Violations of municipal ordinances shall be heard and determined
by an Associate Circuit Judge as appointed from time to time by the
presiding circuit judge of the Circuit Court of Howard County, Missouri;
the Municipal Judge shall be subject to the rules of the circuit court
which are not inconsistent with the rules of the Missouri Supreme
Court; the presiding judge of the Circuit Court of Howard County shall
have general administrative authority over the judge and court personnel
of the municipal court.
[Ord. No. 17-15, 11-7-2017]
The Municipal Judge shall have original jurisdiction to hear
and determine all violations against the ordinances of City.
[Ord. No. 17-15, 11-7-2017]
The Associate Circuit Judge appointed to hear and determine
violations of City's municipal ordinances shall sit at the County
seat in the Howard County Courthouse, Fayette, Missouri as a division
of the Circuit Court of Howard County, Missouri in a suitable courtroom
determined by the County of Howard.
[Ord. No. 17-15, 11-7-2017]
Cases heard by the Municipal Judge shall be governed by the
pertinent provisions of Chapter 478, RSMo.
[Ord. No. 17-15, 11-7-2017]
Cases heard by the Associate Circuit Judge sitting as the Municipal
Judge shall be filed with the clerk in the Fayette Municipal Division
of the Howard County Circuit Court.
[Ord. No. 17-15, 11-7-2017]
The Municipal Court Judge shall have such powers and duties
as determined by the statutes of the State of Missouri, the Missouri
Supreme Court Rules, and such rules as are prescribed from time to
time by the presiding circuit judge of the Circuit Court of Howard
County, Missouri.
[Ord. No. 17-15, 11-7-2017]
The Municipal Court rules and procedure are those set forth
from time to time in Missouri Supreme Court Rule 37.
[Ord. No. 17-15, 11-7-2017]
Municipal Court will be in session at such time or times as
determined by the Municipal Judge.
[Ord. No. 17-15, 11-7-2017]
City of Fayette shall furnish to the Municipal Court Clerk a
schedule of recommended standard fines for traffic offenses and some
common violations of the Fayette City Code consistent with state statutory
limitations; fines for violations not shown on the recommended schedule
of standard fines shall be recommended by the City Prosecutor at the
time of disposition of the case; all fines, if any, shall be subject
to the ultimate determination of the Municipal Judge at the time of
disposition of the case.
[Ord. No. 17-15, 11-7-2017]
A.Â
In addition to any fine or reimbursement that may be imposed by the
Municipal Judge, there shall be assessed and imposed as costs in all
cases, except where limited, the following:
1.Â
A Court Clerk's fee of fifteen dollars ($15.00) on all
Municipal Court cases, except where exempted by law, and except where
the case is dismissed or the defendant is found not guilty, or where
the costs are to be paid by the State, County, or municipality[1]; and
[1]
Editor's Note: As provided for in Sections 479.260 and 488.012.3(6),
RSMo.
2.Â
A Crime Victim's Compensation (CVC) surcharge of seven
dollars and fifty cents ($7.50) on all traffic violation cases and
other municipal court cases, including non-moving traffic cases and
infractions, except where exempted by law, and except where the case
is dismissed or the defendant is found not guilty, or where the costs
are to be paid by the state, county, or municipality[2]; and
[2]
Editor's Note: As provided for in Sections 488.5339 and 595.045.6,
RSMo.
3.Â
A Peace Officer Standards and Training (POST) Commission surcharge
of one dollar ($1.00) on all Municipal Court cases, except where exempted
by law, and except where the case is dismissed or the defendant is
found not guilty, or where the costs are to be paid by the State,
County, or municipality[3]; and
[3]
Editor's Note: As provided for in Section 488.5336, RSMo.
4.Â
A Law Enforcement Training Fund surcharge of two dollars ($2.00)
on all municipal court cases, except where exempted by law, and except
where the case is dismissed or the defendant is found not guilty,
or where the costs are to be paid by the State, County, or municipality[4];
[4]
Editor's Note: As provided for in Section 488.5336, RSMo.
5.Â
A Statewide Court Automation Fund Fee of seven dollars ($7.00)
on all Municipal Court cases, except where exempted by law, and except
where the case is dismissed or the defendant is found not guilty,
or where the costs are to be paid by the State, County, or municipality[5]; and
[5]
Editor's Note: As provided for in Section 488.027, RSMo.
6.Â
Two dollars ($2.00) to the "Inmate Prisoner Detainee Security
Fund" permitted by Section 488.5026, RSMo.
B.Â
Additional court costs may be assessed and imposed (in addition to
restitution to victims) as the Municipal Judge may determine for addition
costs incurred by defendant in a particular case for such costs, including,
but not limited to:
