The City of St. James, Missouri, hereby elects to have all violations
of its municipal ordinances heard and determined by an Associate Circuit
Judge of the Circuit Court of Phelps County, Missouri, (200 North
Main, Rolla Missouri, 65401) the County in which the City of St. James
is located.
[1]
Editor's Note: Former Chapter 125, Municipal Court, containing Article I, General Provisions, Sections 125.010 through 125.260; Article II, Court Clerk, Sections 125.270 through 125.300; Article III, Fines And Court Costs, Sections 125.310 through 125.325; Article IV, Violations Bureau, Sections 125.330 through 125.400; and Article V, Administrative Search Warrants, Sections 125.410 through 125.440, was repealed 4-11-2021 by Ord. No. 22-1218.
[Ord. No. 22-1218, 4-11-2021; Ord. No. 22-1227, 7-11-2022; Ord. No. 22-1232, 9-9-2022]
The Division of the Circuit Court of Phelps County, Missouri,
which hears and determines violations of the ordinances of the City
of St. James shall be known as the "Municipal Division of the Circuit
Court of Phelps County, Missouri."
[Ord. No. 22-1218, 4-11-2021; Ord. No. 22-1227, 7-11-2022; Ord. No. 22-1232, 9-9-2022]
The City of St. James shall employ a person to serve as Clerk
of the Municipal Division of the Circuit Court of Phelps County, Missouri,
and shall fix and determine the salary. The Clerk of the Municipal
Division shall be appointed by the Mayor with the consent of a majority
of the members of the City Council. The Clerk of the Municipal Division
shall perform the duties of office at such times as the Mayor or City
Council may specify. Compensation of the Clerk of the Municipal Division
shall be established by ordinance from time to time.
[Ord. No. 22-1218, 4-11-2021; Ord. No. 22-1227, 7-11-2022; Ord. No. 22-1232, 9-9-2022]
Within fifteen (15) days after appointment and before entering
upon the discharge of the above described duties of office, the Clerk
of the Municipal Division shall give bond to the City of St. James
in the sum of one hundred thousand dollars ($100,000.00) conditioned
upon the faithful performance of said duties and the Clerk of the
Municipal Division will pay over all monies belonging to the City
of St. James, as provided by law, that may come into the Clerk of
the Municipal Division's hands.
[Ord. No. 22-1218, 4-11-2021; Ord. No. 22-1227, 7-11-2022; Ord. No. 22-1232, 9-9-2022]
The Associate Circuit Judge may hear and determine violations
of the ordinances of the City of St. James in a Courtroom provided
by the County.
[Ord. No. 22-1218, 4-11-2021; Ord. No. 22-1227, 7-11-2022; Ord. No. 22-1232, 9-9-2022]
A.
In
cases of violations of ordinances of the City of St. James submitted
to, heard and determined by an Associate Circuit Judge, Court costs
shall be assessed by the Associate Circuit Judge in the amount of
fifteen dollars ($15.00) per case. In addition, the Judge shall assess
special Court costs in the sum of three dollars ($3.00), special Court
costs for each violation of an ordinance of the City of St. James.
Two dollars ($2.00) of the special Court costs shall be used for training
Law Enforcement Officers as set forth in 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 of St. James. Any excess funds shall be transmitted quarterly
to the City's General Fund. One dollar ($1.00) of each such special
court costs 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. In the event a defendant pleads guilty or is found
guilty, the Judge shall assess the Court costs aforesaid against the
defendant except in those cases where the defendant is found by the
Judge to be indigent and unable to pay the costs. In the event a defendant
is acquitted, or the case is dismissed, the Judge shall not assess
costs against the City of St. James. The costs authorized in this
Section are in addition to service costs and witness fees that may
otherwise be authorized to be assessed but are in lieu of other Court
costs. Such costs shall be collected by the Clerk of the Municipal
Division of the Circuit Court or as provided by Court rule. All Court
costs shall be remitted to the State Treasury except the two dollar
($2.00) special Court costs, to be used for training of Law Enforcement
Officers, which shall be remitted to the City of St. James Treasury.
B.
Crime
Victims Compensation. The official of the Municipal Court responsible
for collection of Court costs and fines shall assess as additional
Court costs seven dollars fifty cents ($7.50) for each Court proceeding
filed for violation of the ordinances of the City of St. James. No
such fee shall be collected in any proceeding in such Court when the
proceeding or defendant has been dismissed by the Court. The Court
Clerk shall remit ninety-five percent (95%) of such fees to the State
Department of Revenue as provided in Section 595.045.5 RSMo., with
five percent (5%) to the City of St. James Treasury.
C.
Alcohol-
and Drug-Related Traffic Offenses. In addition to any other penalties
and costs provided by law or ordinance, the Court may order any person
convicted of an alcohol- or drug-related traffic offense or amended
alcohol- or drug-related traffic offense, to reimburse the City of
St. James for the costs associated with the arrest of such person.
Such costs shall include the reasonable cost of making the arrest,
including the cost of any chemical test made 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.
D.
When
there is an application for a trial de novo there shall be an additional
fee of thirty dollars ($30.00) which shall be assessed as Court costs.
E.
A Court
automation fee of seven dollars ($7.00) is assessed for all cases
except if the case or defendant is dismissed, or when costs are to
be paid by the State, County, or Municipality on behalf of an indigent
defendant. The funds shall be submitted to the Missouri Department
of Revenue using the form called the "Uniform Disbursement Record."
F.
Schedule
Of Fees For Testing And Time. The Chief of Police may establish a
schedule of such costs hereby authorized. The costs so assessed shall
not exceed two hundred fifty dollars ($250.00):
G.
Inmate
Security Fund. A surcharge of two dollars ($2.00) shall be assessed
as costs in each Court proceeding filed in Court in the Municipal
Division of the City of St. James adopting such a surcharge, in all
violations of any municipal ordinance; except that no such fee shall
be collected in any proceeding in any Court when the proceeding or
the defendant has been dismissed by the Court or when the costs are
to be paid by the City of St. James.
[Ord. No. 22-1218, 4-11-2021; Ord. No. 22-1227, 7-11-2022; Ord. No. 22-1232, 9-9-2022]
In cases of violations of ordinances of the City of St. James
submitted to, heard and determined before an Associate Circuit Judge,
all fines shall be paid to Phelps County Circuit Court, Rolla, Missouri,
and deposited at least monthly into the City of St. James Treasury
and all Court costs shall be accounted for and remitted in the same
manner as provided by law for costs in misdemeanor or ordinance violation
cases.
[Ord. No. 22-1218, 4-11-2021; Ord. No. 22-1227, 7-11-2022; Ord. No. 22-1232, 9-9-2022]
A.
The
Supreme Court by administrative rule may provide for uniform procedure,
and reporting forms for the collection and transmittal of fines and
costs. Until modified or otherwise provided by such administrative
rule, the Associate Circuit Judge hearing and determining violations
of City of St. James ordinances, shall, submit to the municipality
a copy of the monthly case load summary report for the preceding month
required by Court Operating Rule 4.28. This reporting requirement
shall supersede and replace the reporting requirement established
by Section 479.080.3, RSMo.
B.
In
cases in which there was application for trial de novo, the official
collecting fines, shall, within the fifteen (15) days aforesaid, pay
to the City of St. James Treasurer the full amount of all fines collected
by him/her during the preceding month if not previously paid to the
City of St. James Treasurer.
[Ord. No. 22-1218, 4-11-2021; Ord. No. 22-1227, 7-11-2022; Ord. No. 22-1232, 9-9-2022]
All prosecutions for the violations of the City of St. James
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 procedure in proceedings before Municipal
Judges.
[Ord. No. 22-1218, 4-11-2021; Ord. No. 22-1227, 7-11-2022; Ord. No. 22-1232, 9-9-2022]
The Chief of Police or other Police Officer of the City of St.
James shall, without a warrant, make arrests of any person who commits
an offense in his/her presence, but such officer shall, before the
trial, file a written complaint with the Associate Circuit Judge hearing
violations of St. James ordinances.
[Ord. No. 22-1218, 4-11-2021; Ord. No. 22-1227, 7-11-2022; Ord. No. 22-1232, 9-9-2022]
The City of St. James Prosecuting Attorney is hereby designated
by the City of St. James to prosecute the violations of the ordinances
of the City of St. James before the Associate Circuit Judge hearing
the violations of the ordinances of the City of St. James. The salary
or fees of the attorney or counselor and his/her necessary expenses
incurred in such prosecutions shall be paid by the City of St. James.
[Ord. No. 22-1218, 4-11-2021; Ord. No. 22-1227, 7-11-2022; Ord. No. 22-1232, 9-9-2022]
Any person charged with the violation of an ordinance of the
City of St. James shall be entitled to a trial by jury, as in prosecutions
for misdemeanors before an Associate Circuit Judge.
[Ord. No. 22-1218, 4-11-2021; Ord. No. 22-1227, 7-11-2022; Ord. No. 22-1232, 9-9-2022]
In any trial for the violation of an ordinance of the City of
St. James, all issues of fact shall be tried by the Judge except where
trial by jury is authorized by law and the defendant or his/her attorney
requests a jury trial.
[Ord. No. 22-1218, 4-11-2021; Ord. No. 22-1227, 7-11-2022; Ord. No. 22-1232, 9-9-2022]
In any case tried before an Associate Circuit Judge, except
where there has been a plea of guilty or the case has been tried with
a jury, the defendant shall have a right of trial de novo before a
Circuit Judge or upon 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 Rule. In any case tried
with a jury before an Associate Circuit Judge a record shall be made
and appeals may be had upon that record to the appropriate Appellate
Court. The record shall be kept in a manner provided by State law
or Supreme Court rule.
[Ord. No. 22-1218, 4-11-2021; Ord. No. 22-1227, 7-11-2022; Ord. No. 22-1232, 9-9-2022]
In case of a breach of any recognizance entered before an Associate
Circuit Judge hearing violations of the ordinances of the City of
St. James, 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 City of St. James as plaintiff.
Such action shall be prosecuted before a Circuit Judge or Associate
Circuit Judge. All monies recovered in such action shall be paid over
to the City of St. James Treasury to the General Revenue Fund of the
City of St. James.
[Ord. No. 22-1218, 4-11-2021; Ord. No. 22-1227, 7-11-2022; Ord. No. 22-1232, 9-9-2022]
When a fine is assessed for violation of an ordinance, it shall
be within the discretion of the Associate Circuit Judge to provide
for the payment of the fine on an installment basis under such terms
and conditions as he/she may deem appropriate.
[Ord. No. 22-1218, 4-11-2021; Ord. No. 22-1227, 7-11-2022; Ord. No. 22-1232, 9-9-2022]
In the trial of violations of the ordinances of the City of
St. James, a copy of a City of St. James ordinance which is certified
by the Clerk of the City of St. James 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.
