[1]
State Law Reference: As to certain violations
concerning an accused with special needs, § 479.040, RSMo.
The City of Center hereby elects to have all
violations of its municipal ordinances heard and determined by an
Associate Circuit Judge of the Circuit Court of Ralls County, Missouri,
the County in which the City of Center is located.
The Division of the Circuit Court of Ralls County,
Missouri, which hears and determines violations of the ordinances
of the City of Center shall be known as the "Municipal Division of
the Circuit Court of Ralls County, Missouri."
The rules governing the procedure and practice
in the Municipal Court shall be those established and promulgated
by the Supreme Court of Missouri on July 1, 1959, and such subsequent
rules as the Supreme Court shall from time to time establish and promulgate;
and any provision in these ordinances which shall be in conflict with
such rules is hereby repealed.
The Associate Circuit Judge may establish a
Violations Bureau in the City of Center, and shall establish such
a Bureau when a request therefor is made by the Board of Aldermen
of the City of Center. The Violations Bureau shall operate under the
supervision of the Circuit Court, and the Associate Circuit Judge
hearing and determining violations of the ordinances of the City of
Center, and shall be operated in accordance with the rules of the
Supreme Court and the rules of the Circuit Court. All expenses incident
to the operation of the Violations Bureau, including salaries of clerical
personnel, shall be paid by the City of Center. The City shall provide
suitable quarters for the Violations Bureau. The Violations Bureau
shall accept pleas of guilty to certain violations of traffic ordinances
designated by the Associate Circuit Judge and shall accept payments
of fines established by the Associate Circuit Judge and Court costs
assessed on said pleas of guilty.
All prosecutions for the violation of City ordinances
shall be instituted by information and may be based upon a complaint.
Proceedings shall be in accordance with the Supreme Court Rule governing
practices and procedures in proceedings before Municipal Judges.
In the trial of violations of the ordinances
of the City, a copy of a City ordinance which is certified by the
Clerk of the City shall constitute prima facie evidence of such ordinance.
If such certified copy is on file with the Clerk of the Municipal
Division and readily available for inspection by the parties, the
Judge may take judicial notice of such ordinance without further proof.
When a fine is assessed for violation of an
ordinance, it shall be within the discretion of the Judge assessing
the fine to provide for the payment of the fine on an installment
basis under such terms and conditions as he/she may deem appropriate.
A.
In addition to any fine that may be imposed by the
Judge in any case filed in the City of Center Municipal Division of
the Circuit Court of Ralls County, and in addition to all other fees
authorized or required by law, there shall be assessed as costs the
following:
1.
Costs of Court in the amount of fifteen dollars
($15.00).
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 Treasurer of the City or other
official collecting monies due 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
Police 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 (A)(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.
There may also be assessed a cost of up to four
dollars ($4.00) per case 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.
5.
There shall be assessed a surcharge of seven
dollars ($7.00) for the Statewide Court Automation Fund.
6.
Other costs, such as for the issuance of a warrant,
a commitment or a summons, as provided before the Associate Circuit
Judge in criminal prosecutions.
7.
Actual costs assessed against the City by the
County Sheriff for apprehension or confinement in the County Jail
or costs assessed against the City by any other detention facility.
8.
Mileage, in the same amount as provided to the
Sheriff in criminal violations, for each mile and fraction thereof
the officer must travel (both directions) in order to serve any warrant
or commitment or order of this Court.
9.
Any other reasonable cost as may be otherwise provided by ordinance, including, but not limited to, costs of confinement, including 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 125.070(A)(10) hereof.
10.
Reimbursement Of Certain Costs Of Arrest.
a.
Upon a plea or a finding of guilty of violating
the provisions of Section 577.010 or 577.012, RSMo., or any ordinance
of the City of Center 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 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.
11.
Sheriffs' Retirement Fund. A surcharge of three
dollars ($3.00) shall be assessed and collected payable to the Sheriffs'
Retirement Fund created in Section 57.955, RSMo.
